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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - Procedure for making bylaws

155: Determination whether bylaw made under this Act is appropriate

You could also call this:

“Checking if a new rule for your area is a good idea and doesn't go against people's rights”

This section applies to bylaws made under the Local Government Act 2002 or the Maritime Transport Act 1994. Before making a bylaw, you need to decide if it’s the best way to solve a problem. If you think a bylaw is the best solution, you must then check if the bylaw you want to make is the most suitable type and if it might conflict with the New Zealand Bill of Rights Act 1990. You can’t make a bylaw that goes against the New Zealand Bill of Rights Act 1990, even if section 4 of that Act says otherwise. This rule helps make sure bylaws are fair and don’t take away people’s rights.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173401.

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154: Power of exemption, or

“The government can decide not to follow local rules if it's important for the whole country”

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156: Consultation requirements when making, amending, or revoking bylaws made under this Act, or

“Rules for asking people's opinions when making or changing local laws”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: Procedure for making bylaws

155Determination whether bylaw made under this Act is appropriate

  1. This section applies to a bylaw only if it is made under this Act or the Maritime Transport Act 1994.

  2. A local authority must, before commencing the process for making a bylaw, determine whether a bylaw is the most appropriate way of addressing the perceived problem.

  3. If a local authority has determined that a bylaw is the most appropriate way of addressing the perceived problem, it must, before making the bylaw, determine whether the proposed bylaw—

  4. is the most appropriate form of bylaw; and
    1. gives rise to any implications under the New Zealand Bill of Rights Act 1990.

      1. No bylaw may be made which is inconsistent with the New Zealand Bill of Rights Act 1990, notwithstanding section 4 of that Act.

      Notes
      • Section 155 heading: amended, on , by section 16(1) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
      • Section 155(1AA): inserted, on , by section 16(2) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
      • Section 155(1AA): amended, on , by section 90 of the Maritime Transport Amendment Act 2013 (2013 No 84).