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Local Government (Auckland Council) Act 2009

Auckland Council - Decision making

15: Decision-making responsibilities of governing body

You could also call this:

"The Auckland Council's governing body makes big decisions about the council's work and services."

Illustration for Local Government (Auckland Council) Act 2009

The governing body of the Auckland Council is in charge of making decisions about the council's regulatory responsibilities, like those under the Resource Management Act 1991, the Health Act 1956, the Building Act 2004, and the Civil Defence Emergency Management Act 2002. You need to know that the governing body is also responsible for decisions about transport networks and infrastructure. The governing body makes decisions about services and facilities provided by the council.

The governing body is responsible for ensuring the council follows the rules, like those in the Local Government Act 2002, when making decisions. Before making a decision, the governing body must think about the views of local boards, especially if the decision affects them. The governing body is also in charge of making decisions about the council's council-controlled organisations and its financial management, as outlined in section 101 of the Local Government Act 2002.

The governing body makes agreements with local boards about local activities in their areas. You should be aware that the governing body has many responsibilities, including making decisions about the council's services and facilities, and ensuring the council complies with the law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2322321.

Topics:
Government and voting > Local councilsEnvironment and resources > Town planningTransport and travel > Public transport
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14: General scheme, or

"How Auckland Council makes decisions and who is in charge"

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16: Decision-making responsibilities of local boards, or

"What your local board can decide for your community"

Part 2Auckland Council
Decision making

15Decision-making responsibilities of governing body

  1. The governing body is responsible and democratically accountable for—

  2. the decision making of the Auckland Council in relation to any regulatory responsibility, duty, or power conferred on, or applying to, the Council under this Act or any other enactment (for example, the responsibilities, duties, or powers conferred on, or applying to, a local authority under the Resource Management Act 1991, the Health Act 1956, the Building Act 2004, and the Civil Defence Emergency Management Act 2002); and
    1. the decision making of the Auckland Council in relation to—
      1. transport networks and infrastructure; and
        1. any non-regulatory activities of the Auckland Council that are allocated to the governing body in accordance with section 17; and
        2. the decision making of the Auckland Council in relation to the establishment and maintenance of capacity to provide, or ensure the provision of, services and facilities (including local activities) by the Auckland Council; and
          1. the decision making of the Auckland Council in relation to the governance of its council-controlled organisations; and
              1. the decision making of the Auckland Council in relation to compliance with section 101 of the Local Government Act 2002 (which relates to the financial management of a local authority); and
                1. the agreement reached with each local board (as set out in each local board agreement) in respect of local activities for the local board areas.

                  1. Before making a decision described in subsection (1)(a) to (d), the governing body must—

                  2. comply with any requirements of this Act; and
                    1. comply with any requirements of the Local Government Act 2002 and any other enactment; and
                      1. consider any views and preferences expressed by a local board, if the decision affects or may affect the responsibilities or operation of the local board or the well-being of communities within its local board area.

                        Notes
                        • Section 15(1)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                        • Section 15(1)(b): replaced, on , by section 77 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                        • Section 15(1)(ca): inserted, on , by section 16 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                        • Section 15(1)(cb): repealed, on , by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).