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Local Government Act 2002

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

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

You could also call this:

"Councils can only make big decisions if they are in their long-term plan."

Illustration for Local Government Act 2002

When a local authority makes big decisions, it must follow certain rules. You need to know that a local authority can only make some decisions if they are part of its long-term plan. The decision must also have been included in a consultation document, as stated in section 93E.

A local authority's long-term plan is like a roadmap for what it wants to achieve. You can think of it as a list of goals and how the authority plans to reach them. The authority must make sure its decisions match what is in the plan.

There are some exceptions to this rule, though. For example, a local authority does not need to follow this rule when adopting a reorganisation plan under clause 22A of Schedule 3 or clause 15 of Schedule 3A. It also does not apply when a decision is needed to implement a reorganisation in accordance with an Order in Council under section 25 or 25A.

Other exceptions include funding a capital project by lump sum contributions, if the authority has complied with section 117B(3)(c)(i) of the Local Government (Rating) Act 2002. It also does not apply to decisions about strategic water services assets or levels of service for water services under the Local Government (Water Services) Act 2025. Additionally, it does not apply to decisions about water services delivery plans under the Local Government (Water Services Preliminary Arrangements) Act 2024.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172350.

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

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

  1. This section applies to the following decisions of a local authority:

  2. a decision to alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the local authority, including a decision to commence or cease any such activity:
    1. a decision to transfer the ownership or control of a strategic asset to or from the local authority.

          1. A local authority must not make a decision to which this section relates unless—

          2. the decision is explicitly provided for in its long-term plan; and
            1. the proposal to provide for the decision was included in a consultation document in accordance with section 93E.

              1. Nothing in this section applies to a decision of a local authority—

              2. to adopt a local authority-led reorganisation plan under clause 22A of Schedule 3 or clause 15 of Schedule 3A; or
                1. that is required in order to implement a reorganisation in accordance with an Order in Council under section 25 or 25A; or
                  1. to fund a capital project by lump sum contributions, if the local authority has complied with section 117B(3)(c)(i) of the Local Government (Rating) Act 2002; or
                    1. relating to a strategic water services asset or level of service for a water service under the Local Government (Water Services) Act 2025; or
                      1. relating to a water services delivery plan under the Local Government (Water Services Preliminary Arrangements) Act 2024.

                        Notes
                        • Section 97 heading: amended, on , by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                        • Section 97(1)(c): repealed, on , by section 15 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                        • Section 97(1)(d): repealed, on , by section 15 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                        • Section 97(2)(a): amended, on , by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                        • Section 97(2)(a): amended, on , by section 10 of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
                        • Section 97(2)(b): amended, on , by section 75 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                        • Section 97(3): replaced, on , by section 28 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                        • Section 97(3)(a): amended, on , by section 45 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
                        • Section 97(3)(d): inserted, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                        • Section 97(3)(e): inserted, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).