Local Government (Auckland Council) Act 2009

Auckland Council - Local board plans and agreements

21: Local board agreements

You could also call this:

"Auckland Council's plan with local boards to provide services and activities in each area."

Illustration for Local Government (Auckland Council) Act 2009

The Auckland Council must have a local board agreement for each area every year. You will find this agreement between the governing body and the local board. The agreement says how the council will provide activities and services in the area.

The agreement must include what the local board wants to achieve in its area. This includes the activities and services the council will provide, the responsibilities given to the local board by the governing body under clause 36C of Schedule 7 of the Local Government Act 2002, and how the council will enforce bylaws suggested by the local board.

The local board agreement does not have to follow the local board's plan if the board thinks the plan is no longer what the community wants, or if the governing body thinks the budget in the plan is wrong, or if following the plan would go against a law. The agreement must also be consistent with the council's overall plans and policies.

When the council makes a local board agreement, it must say what services it will provide in the area and how well it will provide them. This includes measuring how well the council is doing and saying what it wants to achieve, as outlined in rules made under section 261B of the Local Government Act 2002 and clause 2(2) of Schedule 10 of that Act. The agreement must also explain how any extra costs will be paid for, including where the money will come from, as outlined in clause 20(2) of Schedule 10 and section 19A of this Act.

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 It might be out of date or be missing some parts.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

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=DLM2322333.


Previous

20: Local board plans, or

"Plans made by local boards to help decide what happens in your community"


Next

22: Local board agreements must be included in LTP and annual plan, or

"Council must include local board plans in big plans so you can have a say"

Part 2Auckland Council
Local board plans and agreements

21Local board agreements

  1. For each financial year, the Auckland Council must have a local board agreement (as agreed between the governing body and the local board) for each local board area.

  2. A local board agreement must set out how the Auckland Council will, in the year to which the agreement relates, reflect the priorities and preferences in the local board's plan in respect of—

  3. the local activities to be provided in the local board area:
    1. the responsibilities, duties, or powers delegated to the local board by the governing body under clause 36C of Schedule 7 of the Local Government Act 2002:
      1. the implementation or enforcement of bylaws made by the Council as a result of a proposal from the local board.
        1. A local board agreement is not required to reflect the priorities and preferences in its local board plan in respect of the matters referred to in subsection (2) to the extent that 1 or more of the following apply:

        2. the local board determines that the priorities and preferences in the plan no longer reflect the priorities and preferences of the communities in the local board area; or
          1. the governing body determines that the indicative budget in the plan is, or has become, significantly inaccurate; or
            1. consistency with the plan would be contrary to any enactment.
              1. A local board agreement must not be inconsistent with the adopted strategies, plans, policies, and objectives of the governing body.

              2. For the purposes of subsection (2)(a), a local board agreement must, in respect of the local activities to be provided in the local board area in the year to which the agreement relates, include—

              3. a statement of the intended levels of service provision that specifies—
                1. any performance measures specified in a rule made under section 261B of the Local Government Act 2002 for each activity described in clause 2(2) of Schedule 10 of that Act; and
                  1. the performance measures that the Auckland Council considers will enable the public to assess the level of service for major aspects of an activity for which performance measures have not been specified under subparagraph (i); and
                    1. the performance target or targets set by the Auckland Council for each performance measure; and
                      1. any intended changes to the level of service that was provided in the year before the year to which the agreement relates and the reasons for the change; and
                      2. a funding impact statement in the form prescribed under the Local Government Act 2002 for inclusion in an annual plan under clause 20(2) of Schedule 10; and
                        1. a statement of how any expenses in excess of the local board's estimated funding allocation under section 19A of this Act are to be met (including estimated revenue levels and the other sources of funding).
                          Notes
                          • Section 21: substituted, on , by section 22 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                          • Section 21(2)(b): amended, on , by section 77 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                          • Section 21(5): substituted, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                          • Section 21(5)(a)(ii): amended, on , by section 77 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).