Plain language law

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Local Government Act 2002

Planning, decision-making, and accountability - Planning and decision-making - Decision-making

76: Decision-making

You could also call this:

“Rules for how your local council makes decisions”

When your local council makes a decision, they need to follow certain rules. These rules are explained in other parts of the law, which you can find in sections 77, 78, 80, 81, and 82.

Your council can use their judgment about how closely they need to follow sections 77 and 78, based on what section 79 says.

Your council must make sure their decision-making process follows these rules. If they’re making a big decision, they need to be extra careful to follow the rules before they decide.

These rules apply to all decisions your council makes, even if they decide not to do something. It doesn’t matter if the decision is made by the whole council or by someone working for the council.

When your council is allowed or required to make a decision because of this law or any other law or rule, they still need to follow these decision-making rules. But if the other law or rule says something different, your council should follow that instead.

These decision-making rules don’t replace any other duties or responsibilities your council has under other laws. They need to follow all the rules that apply to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172319.

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Part 6 Planning, decision-making, and accountability
Planning and decision-making: Decision-making

76Decision-making

  1. Every decision made by a local authority must be made in accordance with such of the provisions of sections 77, 78, 80, 81, and 82 as are applicable.

  2. Subsection (1) is subject, in relation to compliance with sections 77 and 78, to the judgments made by the local authority under section 79.

  3. A local authority—

  4. must ensure that, subject to subsection (2), its decision-making processes promote compliance with subsection (1); and
    1. in the case of a significant decision, must ensure, before the decision is made, that subsection (1) has been appropriately observed.

      1. For the avoidance of doubt, it is declared that, subject to subsection (2), subsection (1) applies to every decision made by or on behalf of a local authority, including a decision not to take any action.

      2. Where a local authority is authorised or required to make a decision in the exercise of any power, authority, or jurisdiction given to it by this Act or any other enactment or by any bylaws, the provisions of subsections (1) to (4) and the provisions applied by those subsections, unless inconsistent with specific requirements of the Act, enactment, or bylaws under which the decision is to be made, apply in relation to the making of the decision.

      3. This section and the sections applied by this section do not limit any duty or obligation imposed on a local authority by any other enactment.