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Local Government Act 2002

Structure and reorganisation of local government - Reorganisation of local authorities

26A: Duties of local authorities in relation to local government reorganisation

You could also call this:

“Local councils must help when the government wants to change how they work”

You have a duty to help the Commission when they’re working on local government reorganisation. This means you need to work with them, give them reasonable help, and share information they need to do their job.

If the Commission asks for information that might be important for their investigation or for making a plan to reorganise local government, you must give it to them if you have it or can easily get it.

After the government makes an order to reorganise local government, you can’t make big decisions without talking to the Commission first. These are decisions that might make it hard to carry out the reorganisation plan, limit what the new local authorities can do, or affect the money and property that will be moved to the new local authorities.

If the Commission gives you a report or recommendation, you need to:

  1. Make it available for everyone to see
  2. Think about it and tell the Commission what you think
  3. Let everyone see your response

You need to do this within 30 working days, or by the date the Commission gives you.

You don’t have to share information that you’re allowed to keep private under the Local Government Official Information and Meetings Act 1987.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4929995.

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Part 3 Structure and reorganisation of local government
Reorganisation of local authorities

26ADuties of local authorities in relation to local government reorganisation

  1. It is the duty of every local authority to co-operate with, give reasonable assistance to, and provide information to the Commission to enable it to perform its functions and exercise its powers in relation to local government reorganisation.

  2. Without limiting subsection (1), an affected local authority must comply with any lawful request by the Commission for information held or reasonably available to the local authority that may be relevant to a reorganisation investigation or to the development of a reorganisation implementation scheme.

  3. An affected local authority must not make a decision described in subsection (4) at any time after an Order in Council giving effect to a reorganisation plan is made under section 25, without first consulting the Commission.

  4. Subsection (3) applies to any decision of an affected local authority that may, directly or because of its consequences,—

  5. significantly prejudice the implementation of the reorganisation plan; or
    1. significantly constrain the powers or capacity of any local authority to be established or changed under the final proposal, or any subsidiary of any such local authority, following the implementation of the final proposal; or
      1. have a significant negative impact on the assets or liabilities that may be transferred to any local authority in the implementation of the final proposal.

        1. A local authority that receives a report or recommendation from the Commission under clause 9 of Schedule 3 or clause 8 of Schedule 3A must—

        2. make the report or recommendation publicly available; and
          1. consider and respond to the Commission in relation to the report or recommendation; and
            1. make the response publicly available.

              1. A local authority must comply with subsection (5)—

              2. within 30 working days after receiving the report or recommendation; or
                1. by a later date specified by the Commission in the report or recommendation.

                  1. Nothing in this section requires a local authority to make publicly accessible any information that may be properly withheld if a request for that information were made under the Local Government Official Information and Meetings Act 1987.

                  Notes
                  • Section 26A: inserted, on , by section 15 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                  • Section 26A(2): amended, on , by section 13(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                  • Section 26A(3): amended, on , by section 13(2) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                  • Section 26A(4)(a): amended, on , by section 13(3) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                  • Section 26A(5): inserted, on , by section 13(4) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                  • Section 26A(5): amended, on , by section 42 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
                  • Section 26A(6): inserted, on , by section 13(4) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                  • Section 26A(7): inserted, on , by section 13(4) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).