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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 19 October 2019 at 19:07)
440J Alternatives to disciplinary action by the Departmental Chief Executive
(1) The Departmental Chief Executive may before, during or after an investigation into an allegation of misconduct by a councillor decide to take no further action against the councillor, if satisfied that no further action is warranted.(2) The Departmental Chief Executive may, instead of taking disciplinary action against a councillor:(a) refer the matter to the council concerned with recommendations as to how the council might resolve the matter, by alternative dispute resolution or otherwise, or(b) refer the matter to the Civil and Administrative Tribunal for consideration.(3) A matter is referred to the Tribunal under this section by means of a report presented to the Tribunal by the Departmental Chief Executive. A report may contain or be accompanied by such material and observations as the Departmental Chief Executive thinks fit.(4) The Departmental Chief Executive is to notify the councillor concerned of any decision to refer the matter to the Tribunal.(5) The regulations may make provision for or with respect to the reference of matters to the Tribunal under this section.