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Local Government (Auckland Council) Act 2009

Miscellaneous - Disputes between local boards and governing body

98: Local Government Commission to determine disputes

You could also call this:

"Local Government Commission helps solve disagreements between local boards and the council"

Illustration for Local Government (Auckland Council) Act 2009

When you have a dispute between a local board and the governing body, the Local Government Commission helps to resolve it. The Commission asks the mayor and the chief executive for information about the dispute and they must provide it within 7 days. The Commission then considers this information, along with what the local board and the governing body have said, to make a decision.

The Commission thinks about what is best for the communities in Auckland and what they want when making a decision. They can also consider other things that are relevant to the dispute. The Commission treats the dispute as urgent and can ask questions to help them make a decision. They can also meet with the local board, the governing body, or other people if they want to.

If the Commission decides that a plan, called an LTP, needs to be changed, the Council must make those changes. The Commission can also decide who pays the costs of resolving the dispute. If the local board has to pay, they use money from their budget. You can find more information about how the Commission makes decisions by looking at section 97(3) and section 97(4).

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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=DLM3338684.

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Part 8Miscellaneous
Disputes between local boards and governing body

98Local Government Commission to determine disputes

  1. Promptly after receiving an application under section 97(3), the Local Government Commission must notify the mayor and the chief executive of the application and request them to provide, within 7 days, copies of all reports, correspondence, and other information held by them that is relevant to the matter.

  2. After receiving the information from the mayor and the chief executive, the Commission must—

  3. consider the information it has received from them, and from the local board or boards concerned under section 97(4); and
    1. determine the matter, having regard to—
      1. 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; and
          1. any other matter that the Commission considers on reasonable grounds to be relevant.

          2. For the purposes of making a determination, the Commission—

          3. must treat the matter as urgent; and
            1. may make any inquiries that it considers appropriate; and
              1. may (but is not obliged to) hold meetings with the local board or boards, the governing body, or any other person.

                1. The Commission may apportion the actual and reasonable costs incurred by it in making a determination between the local board or boards and the governing body as it thinks fit, having regard to the merits of the initial positions of the board or boards and the governing body.

                2. Any costs apportioned to a local board under subsection (4) must be paid from the local board's budget.

                3. Subsection (7) applies if—

                4. the Commission is required to determine a matter that relates to the content of an adopted LTP; and
                  1. the Commission determines that the LTP should be amended.

                    1. The Council must amend the LTP to the extent necessary to give effect to the determination and may do so without further authority than this section.

                    Notes
                    • Section 98: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                    • Section 98(6)(a): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                    • Section 98(6)(b): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                    • Section 98(7): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).