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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

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

You could also call this:

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

When you want to make, change, or get rid of a rule in your local area, you need to follow some steps. If the rule is about something that a lot of people care about, or if it might affect many people in a big way, you have to use a special process to ask everyone what they think. This process is called the special consultative procedure, and it’s explained in another part of the law called section 86.

If the rule isn’t about something that lots of people care about or won’t affect many people, you still need to ask for people’s opinions, but you can do it in a simpler way. This simpler way is described in section 82 of the law.

Sometimes, you might need to make small changes to a rule or fix mistakes in it. If these changes don’t affect anyone’s rights or change anyone’s position, you can make them without asking everyone first. You just need to tell people about it publicly.

You can also change old measurements in the rules to new ones without asking everyone. For example, if a rule talks about pounds or inches, you can change these to kilograms or centimetres without having to consult with the public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173404.

Topics:
Government and voting > Local councils
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155: Determination whether bylaw made under this Act is appropriate, or

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

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157: Public notice of bylaws and availability of copies, or

“Telling everyone about new rules and how to see them”

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

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

  1. When making a bylaw under this Act or amending or revoking a bylaw made under this Act, a local authority must—

  2. use the special consultative procedure (as modified by section 86) if—
    1. the bylaw concerns a matter identified in the local authority's policy under section 76AA as being of significant interest to the public; or
      1. the local authority considers that there is, or is likely to be, a significant impact on the public due to the proposed bylaw or changes to, or revocation of, the bylaw; and
      2. in any case in which paragraph (a) does not apply, consult in a manner that gives effect to the requirements of section 82.

        1. Despite subsection (1), a local authority may, by resolution publicly notified,—

        2. make minor changes to, or correct errors in, a bylaw, but only if the changes or corrections do not affect—
          1. an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or
            1. an existing status or capacity of any person to whom the bylaw applies:
            2. convert an imperial weight or measure specified in a bylaw into its metric equivalent or near metric equivalent.

              Notes
              • Section 156: substituted, on , by section 17 of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
              • Section 156 heading: replaced, on , by section 48(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
              • Section 156(1): replaced, on , by section 48(2) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
              • Section 156(2): amended, on , by section 48(3) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).