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Local Government Act 2002

Governance and management of local authorities and community boards - Local boards - Disputes between local boards and governing body

48R: Disputes about allocation of decision-making responsibilities or proposed bylaws

You could also call this:

“Solving disagreements about who makes decisions or new rules in local government”

If you’re unhappy with a decision made by the governing body about how responsibilities are shared or about proposed rules, you and the governing body need to try to work things out together. This applies if one or more local boards don’t like a decision made under section 48L(1), or if a local board doesn’t like a decision made under section 150B(3)(b) or 150E(3)(b).

When you’re trying to solve the problem, you need to think about what the law says you should do. You also need to consider what’s best for the people in your area, both now and in the future. You should try to find a solution that everyone can agree on and do it as quickly as you can.

If you still can’t agree after trying to work it out, you can ask the Commission to make a final decision. This decision will be binding, which means everyone has to follow it. If you decide to do this, you need to write to the Commission and send them copies of all the important information about the problem, like reports and letters.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6236409.

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“Rules for local board members are like rules for local authorities”

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48S: Local Government Commission to determine disputes, or

“The Local Government Commission helps solve arguments between local boards and the governing body”

Part 4 Governance and management of local authorities and community boards
Local boards: Disputes between local boards and governing body

48RDisputes about allocation of decision-making responsibilities or proposed bylaws

  1. Subsection (2) applies if—

  2. 1 or more local boards are dissatisfied with a decision of the governing body under section 48L(1); or
    1. a local board is dissatisfied with a decision of the governing body under section 150B(3)(b) or 150E(3)(b).

      1. The local board or boards concerned and the governing body must make reasonable efforts to reach a mutually acceptable and timely resolution of the dispute, having regard to—

      2. the requirements of this Act; and
        1. the current and future well-being of the communities of the district, and the interests and preferences of the communities within each affected local board area.

          1. If, after acting under subsection (2), the dispute is still unresolved, 1 or more local boards may apply, in writing, to the Commission for a binding determination on the matter.

          2. An application must be accompanied by copies of all reports, correspondence, and other information that are relevant to the matter and held by the local board or boards.

          Notes
          • Section 48R: inserted, on , by section 17 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).