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Local Government Act 2002

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

96: Effect of resolution adopting long-term plan or annual plan

You could also call this:

“Council plans are like promises, but not set in stone”

When your local council creates a long-term plan or an annual plan, it’s like making a public promise about what they want to do. But just because they’ve made this plan doesn’t mean they have to do everything in it right away.

The plan is a way for the council to tell you and everyone else what they’re thinking of doing. It’s not a final decision to do those things.

Sometimes, the council might decide to do something different from what they said in their plan. They’re allowed to do this, but there are some rules they need to follow. You can find these rules in section 80 and section 97 of the law.

Just because something is in the plan doesn’t mean you can make the council do it. The council gets to choose what they actually do.

There’s one more thing to remember: these rules work alongside another part of the law called Part 4A of the Local Government (Rating) Act 2002. This part talks about how the council decides on rates (the money you pay to the council).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172348.

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95B: Combined or concurrent consultation on long-term plan and annual plan, or

“Rules for making long-term and yearly plans together”

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97: Certain decisions to be taken only if provided for in long-term plan, or

“Councils must plan big changes in advance and ask for your ideas”

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

96Effect of resolution adopting long-term plan or annual plan

  1. The effect of a long-term plan and an annual plan adopted by a local authority is to provide a formal and public statement of the local authority's intentions in relation to the matters covered by the plan.

  2. A resolution to adopt a long-term plan or an annual plan does not constitute a decision to act on any specific matter included within the plan.

  3. Subject to section 80, and except as provided in section 97, a local authority may make decisions that are inconsistent with the contents of any long-term plan or annual plan.

  4. No person is entitled to require a local authority to implement the provisions of a long-term plan or an annual plan.

  5. This section applies subject to Part 4A of the Local Government (Rating) Act 2002.

Notes
  • Section 96 heading: amended, on , by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
  • Section 96(1): amended, on , by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
  • Section 96(2): amended, on , by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
  • Section 96(3): amended, on , by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
  • Section 96(4): amended, on , by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
  • Section 96(5): added, on , by section 15(2) of the Local Government (Rating) Amendment Act 2006 (2006 No 28).