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:

"Local authorities must follow fair and suitable steps when making decisions"

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When a local authority makes a decision, it must follow certain procedures. You need to know that the local authority has to decide how to follow these procedures in a way that is fair and suitable for the decision being made. The local authority must consider how important the decision is and follow procedures that are suitable for that level of importance, as determined in accordance with the policy under section 76AA.

When making a decision, the local authority must think about how to identify and assess different options, and how to measure the benefits and costs of each option. You should be aware that the local authority also has to decide how much information to consider and how to keep a record of the decision-making process. The local authority must keep in mind the principles set out in section 14 and consider its own resources when making decisions.

The local authority must also think about the nature of the decision and the circumstances in which it is being made, including whether other laws, such as the Resource Management Act 1991, apply to the decision. In some cases, the local authority must follow specific procedures set out in other laws, such as the Local Government (Water Services) Act 2025, when making decisions about certain matters, including section 27 and section 30 of that Act. This means that the local authority has to be careful to follow the right procedures for each decision it makes.

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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 6Planning, 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.

                  3. In subsection (1)(a), the reference to section 77 must be read as a reference to section 30 of the Local Government (Water Services) Act 2025 if the identification and assessment of options relates to a change proposal under section 27 of that Act.

                  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).
                  • Section 79(5) heading: inserted, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 79(5): inserted, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).