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Local Government Act 2002

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

79: Compliance with procedures in relation to decisions

You could also call this:

“Following the rules when making decisions”

You are responsible for making decisions about how to follow the rules in sections 77 and 78. The importance of your decision should match how big its effects are, based on the policy in section 76AA.

When making decisions, you need to think about:

  • How many different choices you should look at
  • How much you should measure the good and bad parts of each choice
  • How much information you need to think about
  • How much you need to write down about how you followed the rules

When you’re making these choices, you need to think about how important everything is. You also need to remember:

  • The main ideas in section 14
  • How much money and resources you have
  • How much time and chance you have to look at different options or ask what other people think

Sometimes, other laws might tell you how to make decisions. For example, the Resource Management Act 1991 might have rules you need to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172322.

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

79Compliance with procedures in relation to decisions

  1. It is the responsibility of a local authority to make, in its discretion, judgments—

  2. about how to achieve compliance with sections 77 and 78 that is largely in proportion to the significance of the matters affected by the decision as determined in accordance with the policy under section 76AA; and
    1. about, in particular,—
      1. the extent to which different options are to be identified and assessed; and
        1. the degree to which benefits and costs are to be quantified; and
          1. the extent and detail of the information to be considered; and
            1. the extent and nature of any written record to be kept of the manner in which it has complied with those sections.

            2. In making judgments under subsection (1), a local authority must have regard to the significance of all relevant matters and, in addition, to—

            3. the principles set out in section 14; and
              1. the extent of the local authority's resources; and
                1. the extent to which the nature of a decision, or the circumstances in which a decision is taken, allow the local authority scope and opportunity to consider a range of options or the views and preferences of other persons.

                  1. The nature and circumstances of a decision referred to in subsection (2)(c) include the extent to which the requirements for such decision-making are prescribed in or under any other enactment (for example, the Resource Management Act 1991).

                  2. Subsection (3) is for the avoidance of doubt.

                  Notes
                  • Section 79(1)(a): amended, on , by section 22 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                  • Section 79(3): added, on , by section 9 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).
                  • Section 79(3): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 79(4): added, on , by section 9 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).