Local Government Act 2002 (New Zealand)
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The Local Government Act 2002 of New Zealand is an act of New Zealand's Parliament. Local Government is divided into 73 local areas with an elected Mayor and Councilors. Groupings of Local Authority's come under 12 Regional Authorities. Local and Regional Authority are defined by the Local Government Act 2002. Key terms in the Act.
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[edit] History
In December 1999 Hon Sandra Lee was appointed Local Government Minister in the Labour-Alliance coalition government. At seventh in Cabinet the Hon Sandra Lee was the highest ranking Māori woman in New Zealand Parliamentary history. Hon Sandra Lee rewrote the Local Government Act of 1974 so that it was readable to the general public and addressed matters that had come up in the intervening 28 years. Hon Sandra Lee appointed the co-deputy leader of the Greens party Jeanette Fitzsimons to chair the Local Government and Environmental Select Committee. The Local Government Act 2002 included a focus on sustainability with the reference to the 'four well-beings' social, economic, environmental and cultural. The purpose of the Act is (a) to enable democratic decision-making and action by, and on behalf of, communities; and (b) to promote the social, economic, environmental, and cultural well-being of communities, in the present and in the future. The Local Government Act 2002 received the Royal assent 24 December 2002.
[edit] Consultation
The Special Consultative Procedure (SPC) is a key part of the Local Government Act 2002 that must be used when changes to the Long Term Council Community Plan (LTCCP) are to be made. SPC is triggered by the significance policy stated in the LTCCP and even changes to the significance policy must happen with by way of SPC. All bylaw introductions, amendments or omissions are made using the SPC. The SPC is used when changes in level of service happen in the LTCCP or when significance levels are reached of a percentage of revenue or a few people are affected a greatly or many people are affected generally by the proposial. Bylaw changes and updates must happen under the SCP provisions in preparation for all bylaws being througt the SPC by June 30, 2008. All bylaw must keep current and be not older than 10 years with out a SPC taking place to keep bylaws currect. Transparency in the processes of Council is facilitated by the SPC safeguards in the Act. New Zealand's Local and Regional Authority will have its first full LTCCP, with Community Outcomes,complete from each district by 31 July 2006 when they will be required to have passed through the SCP and be lodged in the Parliamentary Library in Wellington. Once this process is complete the use of the SCP will become regularly used in updating the LTCCP and any major changes that happen to come along. In SCP a statement of proposial and a summary of the Statement of Proposial is a required to go out for community feed back. The draft full document requires not less than one month for public summissions to be sent into council. These submission can be heard in person if the submitter wishes and full council listens and consults on all submissions in making a decision over the draft proposial. Once passed the document is no longer draft and the SPC requirement has been satisfied. In Consultation outside the SCP which happens with the Community Outcomes process the principles of consultation remain the same as stated in the Act and are a major focus of all consultation with the community in Local Government under the Local Government Act 2002.
[edit] Community Outcomes s.91
Community Outcomes are statements that are derived from full consultation with stakeholders in the community and happen at least once every six years. Each District and Region has has Community Outcomes that the community has decide upon. Community Outcomes are a requirement of the Local Government Act 2002. By 31 July 2006 the Long Term Council Community Plans 2006 - 2016 will be in the Parliamentary Library for 86 Teritorial Authorities. The Community Outcomes will be printed in this document for each area. It was optional until 2006 and now Community Outcomes are a must. Eleven LTA did not comply with pre-Audit requirements and wheather they will make the deadline is not yet known. Three others will not have sign off by full Council by 30 June 2006 and this will have spending implications for the councils until sign off does happen.
[edit] Measures and Indicators s.92
Section 92 of the Local Government Act 2002 requires measures and indicators, not less than once every 3 years, on the progress of the community towards the Community Outcomes is reported. Debate around weather it is from a regional perspective or from the location of the community outcome area perspective will take a number of years and three yearly cycles to resolve. It is suggested that the Minister's intent at the time of drafting the Act was clearly for it to be locally focused. A local focus to support the people who develop the community outcomes to self determine what is best for the area in which they live and work.
[edit] Long Term Council Community Plan (LTCCP)
The unfoldment of the Local Government Act 2002 required that a Long Term Council Community Plan (LTCCP)2004-2014 be prepared to the Local and Regional Councils of New Zealand. Next in the LGA 2002 was the consultation process to identity the Community Outcomes of the District. The Community Outcomes did not belong to Council but were a Community's District Outcomes. The LGA 2002 stated that the LTCCP 2006-2016 was required to have the District's Community Outcomes included at this time. The Community Outcome progress is reported at least every three years and at least once every six years the full round of consultation to identify the Community Outcomes must happen. Each LTCCP is audited by the Auditor General.
[edit] State of the District report
Progress of the community in their Community Outcomes are to be reported at least once every 3 years. The report of this community progress can be known as the State of the District Report. Measures and Indicators to this end are developed around measurement and reporting on progress to the community outcomes. A whole science is developing around where the attribution of outputs lays with regards to the outcomes being advanced. The question in the State of the District report is which part of the community's outputs contribute to the community outcomes and by how much if any.
[edit] Bylaws
Bylaws are required to be consulted upon using the Special Consultative Procedure in the local Government Act 2002. All bylaws must be consulted with by the community by June 30, 2008. No bylay may be older than 10 years with out needing to return to the community again for consultation.
[edit] Māori
Clarification of use of the term 'Maori'
Over the past couple of weeks, we have received queries seeking clarification of the use of the term “Maori” in the new Act. This issue was the subject of a lot of comment during the Local Government and Environment Select Committee’s consideration of the Local Government Bill. In the Select Committee’s report back to Parliament, it stated:
'Submitters had different views on whether local authorities should build relationships with tangata whenua, mana whenua, iwi and hapu, taura here (urban Maori), or the simple term ‘Maori’ in the bill as introduced. We heard submissions that each of these was the most appropriate in different places. However, there is a risk that using a less inclusive term might require a council with a good working relationship with Maori to change its processes. We decided that the term ‘Maori’ would allow each (local) authority to determine which were the appropriate groups in each district and this was consistent with the principle of local decision-making. (pg 18-19)'
In summary, the new Act seeks to promote the active engagement of Maori with the system of local government (and vice versa). The obligations placed on councils to develop relationships are expressed in a broad and inclusive way by reference to Maori, and not limited only to those Maori within the district who are tangata whenua.
The Act does not require councils to develop a "one size fits all" approach for these different groups. It is open to councils to develop different modes of interaction for different groups, as best fits the needs and make-up of the local community. The breadth of the expression “Maori” provides scope for the processes put in place to reflect the different local circumstances. For example, in some districts the Maori population will largely be made up of those who claim to be tangata whenua, in others the majority will be urban Maori.
The use of the word Maori does not derogate from the important and necessary relationships that have developed between councils and tangata whenua.
[edit] Rates
August 2006 the Government agreed to have an independent enquiry for Local Government Rates.
[edit] Local Government Amendment Act 2006
Like all legislation it changes with time and refinements are made. Updates on the LGA 2002 are contained in the Department of Internal Affairs commentary on Local Government Amendment Act 2006.
