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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:

“Rules are made to check how well local services are working”

The Secretary must create rules that set performance measures for important local government services. These services include water supply, sewage treatment, stormwater drainage, flood protection, and roads and footpaths.

When making these rules, the Secretary needs to think about a few things. They should check if there’s already a good way to measure performance. They also need to make sure the measures look at important parts of the service that many people in the community care about. The measures should also help manage the services well.

Before finalising the rules, the Secretary has to talk to all local authorities. They also need to tell everyone about the new rules by putting notices in newspapers in big cities and in the Gazette. The Secretary must give people time to share their thoughts on the new rules.

These rules are called secondary legislation. This means they follow special rules about how they’re published, which you can find in Part 3 of the Legislation Act 2019.

The new rules start working 28 days after they’re published, or later if the rule says so.

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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.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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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 11 Regulations, 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).