Local Government Act 2002

Regulations, other Orders in Council, and rules - Rules for performance measures

261B: Secretary must make rules specifying performance measures

You could also call this:

"The Government must create rules to measure how well councils manage important services like water, roads, and flood protection."

The Secretary has to make rules about how well certain groups of activities are done. You need to know these activities include water supply, sewerage, stormwater drainage, flood protection, and roads and footpaths. The Secretary must make these rules as soon as possible.

When the Secretary makes a rule, they have to think about whether there is already a good measure in place. They also have to consider if the measure looks at a big part of the activity and if it is something that people in the community care about. The measure must help manage the activity well.

Before making a rule, the Secretary must talk to every local authority and tell the public about the plan. They have to put a notice in the Gazette and in newspapers in big cities, and give people time to comment on the proposal. The Secretary can also talk to other people or groups they think are relevant.

These rules are a type of law called secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019. A rule starts 28 days after it is published, or on a later date specified in the rule. This means you will know when a new rule is coming into effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3415420.


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261A: Purpose of rules specifying performance measures, or

"Rules make sure we can compare how well different local councils are doing their jobs"


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261C: Status of rules, or

"Rules about measuring how well local councils work have been removed"

Part 11Regulations, other Orders in Council, and rules
Rules for performance measures

261BSecretary must make rules specifying performance measures

  1. The Secretary must, as soon as is reasonably practicable, make rules specifying performance measures in relation to the following groups of activities:

  2. water supply:
    1. sewerage and the treatment and disposal of sewage:
      1. stormwater drainage:
        1. flood protection and control works:
          1. the provision of roads and footpaths.
            1. Before making a rule under subsection (1), the Secretary must—

            2. consider whether an existing performance measure is suitable for the purpose; and
              1. have regard to whether a performance measure—
                1. measures the level of service for a major aspect of the group of activities; and
                  1. addresses an aspect of the service that is of widespread interest in the communities to which a service in relation to the group of activities is provided; and
                    1. contributes to the effective and efficient management of the group of activities.
                    2. Before making a rule, the Secretary must—

                    3. consult every local authority; and
                      1. publish in the Gazette, and in all of the daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin, a notice of his or her intention to make the rule; and
                        1. give interested persons a reasonable time, which must be specified in the notice, to make submissions on the proposal; and
                          1. consult any other persons or groups as the Secretary considers appropriate.
                            1. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                            2. A rule comes into force 28 days after the date of its publication or on such later date as may be specified in the rule.

                            Notes
                            • Section 261B: inserted, on , by section 42 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                            • Section 261B(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                            • Section 261B(5): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).