Plain language law

New Zealand law explained for everyone

Local Government Act 2002

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

48S: Local Government Commission to determine disputes

You could also call this:

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

When there’s a disagreement between local boards and the governing body of a unitary authority, the Local Government Commission steps in to sort it out. Here’s how it works:

If someone asks the Commission to help, they’ll quickly let the mayor and chief executive know. These officials need to send all the relevant information to the Commission within a week.

Once the Commission has all the info, they’ll look at it carefully. They’ll think about what the law says, what’s good for the communities now and in the future, and anything else that seems important.

The Commission treats these disputes as urgent. They might ask questions or have meetings to understand things better. When they make a decision, they’ll consider the law, what’s best for the communities, and any other relevant factors.

The Commission can decide who should pay for sorting out the dispute. They’ll look at who had the better argument at the start and split the cost fairly between the local board(s) and the governing body. If a local board has to pay, the money comes from their own budget.

Sometimes, the dispute might be about a long-term plan that’s already been agreed on. If the Commission decides the plan needs to change, the unitary authority must change it to match what the Commission says.

This process helps make sure that when local boards and the governing body can’t agree, there’s a fair way to solve the problem and keep things running smoothly for your community.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6236410.

Topics:
Government and voting > Local councils
Rights and equality > Anti-discrimination
Previous

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

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

Next

49: Establishment of community boards, or

“Councils must create a board for each community to represent local people”

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

48SLocal Government Commission to determine disputes

  1. Promptly after receiving an application under section 48R(3), the Local Government Commission must notify the mayor and the chief executive of the unitary authority of the application and request them to provide, within 7 days after receiving the notice, copies of all information held by the unitary authority that is relevant to the matter, including all reports and correspondence.

  2. After receiving the information from the mayor and the chief executive, the Commission must—

  3. consider the information it has received from them, and from the local board or boards concerned under section 48R(4); and
    1. determine the matter, having regard to—
      1. 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; and
          1. any other matter that the Commission considers on reasonable grounds to be relevant.

          2. For the purposes of making a determination, the Commission—

          3. must treat the matter as urgent; and
            1. may make any inquiries that it considers appropriate; and
              1. may (but is not obliged to) hold meetings with the local board or boards, the governing body, or any other person.

                1. The Commission may apportion the actual and reasonable costs incurred by it in making a determination between the local board or boards and the governing body as it thinks fit, having regard to the merits of the initial positions of the local board or boards and the governing body.

                2. Any costs apportioned to a local board under subsection (4) must be paid from the local board's budget.

                3. Subsection (7) applies if—

                4. the Commission is required to determine a matter that relates to the content of an adopted long-term plan; and
                  1. the Commission determines that the long-term plan should be amended.

                    1. The unitary authority must amend the long-term plan to the extent necessary to give effect to the determination and may do so without further authority than this section.

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