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Local Government (Auckland Council) Act 2009

Miscellaneous - Disputes between local boards and governing body

97: Disputes about allocation of decision-making responsibilities or proposed bylaws

You could also call this:

"Resolving disagreements about local council decisions"

Illustration for Local Government (Auckland Council) Act 2009

If you are on a local board and you disagree with a decision made by the governing body under section 17(1), or under section 24(3)(b) or 27(3)(b), then you can try to resolve the issue. You and the governing body must work together to find a solution that you both agree on, thinking about what this Act says and what is best for the people in your community. You should consider what will make your community happy and healthy now and in the future.

If you still cannot agree after talking about it, you can ask the Local Government Commission to make a decision that everyone must follow. When you ask the Commission for help, you must give them all the information you have about the issue, including reports and letters. This will help the Commission understand what is going on and make a fair decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338683.

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Part 8Miscellaneous
Disputes between local boards and governing body

97Disputes about allocation of decision-making responsibilities or proposed bylaws

  1. Subsection (2) applies if—

  2. 1 or more local boards are dissatisfied with a decision of the governing body under section 17(1); or
    1. a local board is dissatisfied with a decision of the governing body under section 24(3)(b) or 27(3)(b).

      1. The local board or boards concerned and the governing body must make reasonable efforts to reach a mutually acceptable and timely resolution of the dispute, having regard to—

      2. the requirements of this Act; and
        1. the current and future well-being of the communities of Auckland, and the interests and preferences of the communities within each affected local board area.

          1. If, after acting under subsection (2), the dispute is still unresolved, the local board or boards may apply, in writing, to the Local Government Commission for a binding determination on the matter.

          2. An application must be accompanied by copies of all reports, correspondence, and other information held by the local board or boards that are relevant to the matter.

          Notes
          • Section 97: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).