Part 6
Planning, decision-making, and accountability
Planning and decision-making:
Planning
95APurpose and content of consultation document for annual plan
The purpose of the consultation document under section 82A(3) is to provide a basis for effective public participation in decision-making processes relating to the activities to be undertaken by the local authority in the coming year, and the effects of those activities on costs and funding, as proposed for inclusion in the annual plan, by—
- identifying significant or material differences between
the proposed annual plan and the content of the long-term
plan for the financial year to which the annual plan
relates; and
- explaining the matters in paragraph (a) in a way that can
be readily understood by interested or affected people;
and
- informing discussions between the local authority and its
communities about the matters in paragraph (a).
The content of the consultation document must be such as the local authority considers on reasonable grounds will achieve the purpose set out in subsection (1), and must—
- explain identified differences, if any, between the
proposed annual plan and what is described in the
long-term plan in relation to the financial year to which
the annual plan relates, including (but not limited
to)—
- an explanation of any significant or material
variations or departures from the financial statements
or the funding impact statement; and
- a description of significant new spending proposals,
the costs associated with those proposals, and how
these costs will be met; and
- an explanation of any proposal to substantially
delay, or not proceed with, a significant project, and
the financial and service delivery implications of the
proposal; and
- an explanation of any significant or material
variations or departures from the financial statements
or the funding impact statement; and
- outline the expected consequences of proceeding with the
matters referred to in paragraph (a), including the
implications for the local authority’s financial
strategy.
The consultation document—
- must be presented in as concise and simple a manner as is
consistent with this section; and
- without limiting paragraph (a), must not contain, or have
attached to it—
- a draft of the annual plan as proposed to be adopted;
or
- a full draft of any policy; or
- any detailed information, whether described in
Part 2
of Schedule 10 or otherwise, that is not necessary or
desirable for the purposes of subsections (1) and (2);
and
- a draft of the annual plan as proposed to be adopted;
or
- must state where members of the public may obtain the
information held by the local authority that is relied on
by the content of the consultation document, including by
providing links or references to the relevant information
on the local authority’s Internet site; and
- may be given the title of the local authority’s choice,
provided that the title or subtitle make reference to this
being a consultation document for the proposed annual plan
for the relevant year.
The local authority must adopt the information that is relied on by the content of the consultation document, as referred to in subsection (3)(c), before it adopts the consultation document.
For the purposes of this section, a difference, variation, or departure is material if it could, itself or in conjunction with other differences, influence the decisions or assessments of those reading or responding to the consultation document.
Notes
- Section 95A: inserted, on , by section 34 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
- Section 95A(3)(c): amended, on , by section 19 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).