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Local Government Act 2002

Governance and management of local authorities and community boards - Local boards - Decision making

48J: Decision-making responsibilities of governing body

You could also call this:

“The group in charge makes big choices for the local area”

You need to know about the responsibilities of the governing body in a unitary authority. The governing body is responsible and accountable for making decisions about many important things.

They decide on regulatory matters, which are rules the authority must follow under different laws. These include laws about managing resources, health, buildings, and emergency management.

The governing body also makes decisions about transport networks and infrastructure, and other non-regulatory activities they’re given responsibility for.

They decide how to set up and maintain services and facilities for the area. They also make decisions about organisations the council controls.

The governing body has to make sure the authority follows rules about managing money. They also need to agree with local boards about activities in their areas.

Before making these decisions, the governing body must follow the rules in this law and other laws. They also need to think about what local boards say if the decision affects their responsibilities or the well-being of people in their area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6236193.

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48I: General scheme, or

“How a unitary authority with local boards decides who makes decisions”

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48K: Decision-making responsibilities of local boards, or

“Local boards decide on activities in their area and share community views”

Part 4 Governance and management of local authorities and community boards
Local boards: Decision making

48JDecision-making responsibilities of governing body

  1. The governing body is responsible and democratically accountable for—

  2. the decision making of the unitary authority in relation to any regulatory responsibility, duty, or power conferred on, or applying to, the unitary authority under this Act or any other enactment (for example, the responsibilities, duties, or powers conferred on, or applying to, a local authority under the Resource Management Act 1991, the Health Act 1956, the Building Act 2004, and the Civil Defence Emergency Management Act 2002); and
    1. the decision making of the unitary authority in relation to—
      1. transport networks and infrastructure; and
        1. any non-regulatory activities of the unitary authority that are allocated to the governing body in accordance with section 48L; and
        2. the decision making of the unitary authority in relation to the establishment and maintenance of capacity to provide, or to ensure the provision of, services and facilities (including local activities) by the unitary authority; and
          1. the decision making of the unitary authority in relation to the governance of its council-controlled organisations; and
            1. the decision making of the unitary authority in relation to compliance with section 101 (which relates to the financial management of a local authority); and
              1. reaching agreement with each local board (as set out in each local board agreement) in respect of local activities for the local board areas.

                1. Before making a decision described in subsection (1)(a) to (d), the governing body must—

                2. comply with any requirement of this Act; and
                  1. comply with any requirements of any other enactment; and
                    1. consider any views and preferences expressed by a local board if the decision affects or may affect the responsibilities or operation of the local board or the well-being of communities within its local board area.

                      Notes
                      • Section 48J: inserted, on , by section 17 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                      • Section 48J(1)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).