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Local Government Official Information and Meetings Act 1987

Review of decisions - Decisions under Part 2 and section 8

32: Recommendations made to local authorities

You could also call this:

"Local authorities must follow recommendations made to them after 21 working days, unless they decide not to."

Illustration for Local Government Official Information and Meetings Act 1987

If someone makes a recommendation to a local authority under section 30(1), the local authority has to follow that recommendation. This happens 21 working days after the recommendation is made, unless the local authority decides not to follow it. You are part of the local authority if you are a member, officer, or employee, and the recommendation applies to you. The local authority must also tell the Ombudsman and the person who asked for the recommendation about their decision. Nothing in this section limits or prevents section 15 of the Judicial Review Procedure Act 2016 from being used.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123045.

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Part 5Review of decisions
Decisions under Part 2 and section 8

32Recommendations made to local authorities

  1. Where a recommendation is made under section 30(1) to a local authority, a public duty to observe that recommendation shall be imposed on that local authority on the commencement of the 21st working day after the day on which that recommendation is made to the local authority unless, before that day, the local authority, by resolution made at a meeting of that local authority, decides otherwise and records that decision in writing.

  2. The public duty imposed by subsection (1) shall be imposed not only on the local authority itself but also on—

  3. every member, officer, and employee of that local authority to whom that recommendation is applicable; and
    1. every body within that local authority to whom that recommendation is applicable; and
      1. every statutory officer to whom that recommendation is applicable; and
        1. every person (being a person who holds information that is deemed, by virtue of section 2(5) or (6), to be held by that local authority) to whom that recommendation is applicable.

          1. As soon as practicable after a decision is made under subsection (1), the local authority making that decision shall give a copy of the decision to the Ombudsman who made the recommendation, and to the person in respect of whose request that recommendation was made.

          2. Nothing in this section—

          3. limits section 15 of the Judicial Review Procedure Act 2016; or
            1. prevents effect being given to any interim order made under section 15 of the Judicial Review Procedure Act 2016 or to any declaration contained in any such interim order.

              Compare
              Notes
              • Section 32(4)(a): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).
              • Section 32(4)(b): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).