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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

150C: Local board must consult on proposed bylaw

You could also call this:

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

When a local board suggests a new rule (called a bylaw), they need to talk to the people in their area about it. This is how it works:

If the governing body tells the local board they can go ahead with their idea for a new rule, the local board needs to ask the people who live in their area what they think about it. They have to do this in the same way a local authority would.

After talking to people, if the local board still thinks the rule is a good idea, they need to tell the governing body. The governing body then has to make the rule official.

If the local board changes the rule a bit after talking to people, they need to tell the governing body about the changes. The governing body then has two choices:

  1. If they think the changed rule is okay, they make it official.
  2. If they don’t think it’s okay, they tell the local board it needs more work.

When the governing body makes the rule official, they don’t need to do some of the usual steps for making rules because the local board has already done the important parts.

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 It might be out of date or be missing some parts.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=DLM6239540.

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150B: Local boards may propose bylaw, or

“Local groups can suggest new rules for their area”

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150D: Local board may propose amendment to bylaw, or

“Local groups can ask for changes to rules in their area”

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

150CLocal board must consult on proposed bylaw

  1. This section applies if a local board has received notice under section 150B(3)(a) from a governing body in respect of a bylaw that the local board has proposed.

  2. The local board must consult the public within the local board area on the proposed bylaw and, for that purpose, section 156(1) applies, with any necessary modifications, as if the local board were a local authority.

  3. If, after acting under subsection (2), the local board confirms the proposed bylaw, it must give written notice of its decision to the governing body, and the governing body must adopt the bylaw by resolution.

  4. If, after acting under subsection (2), the local board modifies the proposed bylaw, it must given written notice of its decision to the governing body, and the governing body must,—

  5. if satisfied that the proposed bylaw meets the requirements of section 150B(2), adopt the bylaw by resolution; or
    1. if not satisfied that the proposed bylaw meets the requirements of section 150B(2), give notice to the local board under section 150B(3)(b).

      1. Where the unitary authority adopts under subsection (3) or (4)(a) a bylaw that is made under this Act, the requirements of sections 86, 155, and 156 are deemed to be satisfied in respect of that bylaw.

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