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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - Review of bylaws made under this Act or the Local Government Act 1974

160: Procedure for and nature of review

You could also call this:

“How to check and update rules for your local area”

When you need to review a bylaw, you must follow certain steps. First, you need to check if the bylaw is still needed and if it’s the best way to address the issue. You do this by looking at the questions in section 155.

If you think the bylaw needs to be changed, removed, or replaced, you must follow the process in section 156. But if you think the bylaw should stay the same, you need to ask people what they think about it.

When asking for people’s opinions, you have two options. If the bylaw is about something really important or might have a big effect on people, you need to use a special way of asking for feedback. For other cases, you can use a simpler way to get people’s thoughts.

When you ask for feedback, you need to show people the bylaw you want to keep, explain why you want to keep it, and share any important decisions you’ve made about it.

These rules don’t apply to some bylaws about dogs, which have their own special rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173414.

Topics:
Government and voting > Local councils
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159: Further reviews of bylaws every 10 years, or

“Checking bylaws every 10 years to make sure they're still useful”

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160A: Bylaw not reviewed within specified time frame revoked, or

“Bylaws get cancelled if not checked on time”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: Review of bylaws made under this Act or the Local Government Act 1974

160Procedure for and nature of review

  1. A local authority must review a bylaw to which section 158 or 159 applies by making the determinations required by section 155.

  2. For the purposes of subsection (1), section 155 applies with all necessary modifications.

  3. If, after the review, the local authority considers that the bylaw—

  4. should be amended, revoked, or revoked and replaced, it must act under section 156:
    1. should continue without amendment, it must—
      1. consult on the proposal using the special consultative procedure 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 continuation of the bylaw; and
          2. in any other case, consult on the proposed continuation of the bylaw in a manner that gives effect to the requirements of section 82.

          3. For the purpose of the consultation required under subsection (3)(b), the local authority must make available—

          4. a copy of the bylaw to be continued; and
            1. the reasons for the proposal; and
              1. a report of any relevant determinations by the local authority under section 155.

                1. This section does not apply to any bylaw to which section 10AA of the Dog Control Act 1996 applies.

                Notes
                • Section 160: substituted, on , by section 19 of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
                • Section 160(3)(b): replaced, on , by section 49(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                • Section 160(4): amended, on , by section 49(2) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).