Division 1 Conduct generally

439   Conduct of councillors, staff and delegates

(1)  Every councillor, member of staff of a council and delegate of a council must act honestly and exercise a reasonable degree of care and diligence in carrying out his or her functions under this or any other Act.

(2)  Although this section places certain duties on councillors, members of staff of a council and delegates of a council, nothing in this section gives rise to, or can be taken into account in, any civil cause of action.

440   Codes of conduct

(1)  The regulations may prescribe a model code of conduct (the model code) applicable to councillors, members of staff of councils and delegates of councils.

(2)  Without limiting what may be included in the model code, the model code may:

(a)  relate to any conduct (whether by way of act or omission) of a councillor, member of staff or delegate in carrying out his or her functions that is likely to bring the council or holders of civic office into disrepute, and

(b)  in particular, contain provisions for or with respect to conduct specified in Schedule 6A.

(3)  A council must adopt a code of conduct (the adopted code) that incorporates the provisions of the model code. The adopted code may include provisions that supplement the model code.

(4)  A council’s adopted code has no effect to the extent that it is inconsistent with the model code as in force for the time being.

(5)  Councillors, members of staff and delegates of a council must comply with the applicable provisions of:

(a)  the council’s adopted code, except to the extent of any inconsistency with the model code as in force for the time being, and

(b)  the model code as in force for the time being, to the extent that:

(i)  the council has not adopted a code of conduct, or

(ii)  the adopted code is inconsistent with the model code, or

(iii)  the model code contains provisions or requirements not included in the adopted code.

(6)  A provision of a council’s adopted code is not inconsistent with the model code merely because the provision makes a requirement of the model code more onerous for persons required to observe the requirement.

(7)  A council must, within 12 months after each ordinary election, review its adopted code and make such adjustments as it considers appropriate and as are consistent with this section.

(8)  Nothing in this section or such a code gives rise to, or can be taken into account in, any civil cause of action, but nothing in this section affects rights or liabilities arising apart from this section.