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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - Bylaws proposed by local boards

150B: Local boards may propose bylaw

You could also call this:

“Local groups can suggest new rules for their area”

You can propose a new rule that would only apply to your local area or part of it. You need to write down your idea and give it to the group in charge of your city or town.

When they get your idea, they will check if it’s okay. They will make sure:

  1. The law allows them to make this kind of rule.
  2. Your idea follows all the other rules it needs to.
  3. Your idea doesn’t go against any other plans or rules the city already has.
  4. They can make your rule work without spending too much money.
  5. Your rule won’t cause big problems outside your local area.

If they think your idea is okay, they will tell you in writing. If they think there’s a problem with it, they will explain why in writing.

When we talk about the “governing body” here, we mean the people in charge of your whole city or town. When we say “unitary authority”, we mean the group that runs the bigger area that includes your local area.

If you want to know more about what happens next, you can look at sections 150C to 150F.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6239539.

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“Local board asks people about new rules before making them”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: Bylaws proposed by local boards

150BLocal boards may propose bylaw

  1. A local board may propose to the governing body, in writing, the making of a bylaw to apply only in, or only in any part of, its local board area.

  2. As soon as is practicable after receiving a proposal under subsection (1), the governing body must decide whether the proposed bylaw meets the following requirements:

  3. the enactment under which the proposed bylaw is to be made authorises the making of the bylaw; and
    1. the proposed bylaw complies with the applicable statutory requirements of that enactment and any other relevant enactment; and
      1. the proposed bylaw is not inconsistent with any strategy, policy, plan, or bylaw of the unitary authority; and
        1. the proposed bylaw can be implemented and enforced within the local board's budget; and
          1. the proposed bylaw will not have any significant effect outside the local board's area.

            1. If the governing body decides that a proposed bylaw—

            2. meets the requirements of subsection (2), it must give written notice of its decision to the local board:
              1. does not meet the requirements of subsection (2), it must give written notice of its decision (with reasons) to the local board.

                1. In this section and sections 150C to 150F,—

                2. a reference to the governing body in relation to a local board means the governing body of the unitary authority for the district that includes the local board area of that local board; and
                  1. a reference to the unitary authority in relation to a local board means the unitary authority for the district that includes the local board area of that local board.

                    Notes
                    • Section 150B: inserted, on , by section 47 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).