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Local Government (Water Services Preliminary Arrangements) Act 2024

Alternative requirements and additional powers - Alternative requirements

62: Alternative requirement: consultation

You could also call this:

"Councils must talk to people before making big decisions about water services, but they don't always have to do it twice."

When a territorial authority is making big decisions about water services, you need to know they have to follow some rules. They have to talk to people who will be affected by their decisions, and this is called consultation. The authority only has to do this once for some decisions.

If the authority is deciding whether to set up a new organisation to manage water services, or to work with other councils, they have to consult with people. They also have to consult when they are making a plan for delivering water services, as stated in section 13(1)(k). You can find more information about joint local government arrangements under section 137 of the LGA2002.

The authority does not have to consult again if they have already done so for a similar decision. However, they can choose to consult again if they think it is necessary, considering the requirements in section 78(1) of the LGA2002. They must think about what people who will be affected by the decision already think, and how important the decision is, when deciding whether to consult again.

This rule applies even if the authority has a different policy about consultation, as stated in section 76AA of the LGA2002. If the authority is delaying its long-term plan, it can combine the consultation for the plan with the consultation for the water services decision, as allowed by clause 48 of Schedule 1AA of the LGA2002. For more information, you can refer to section 60(1) and section 56(1) of the LGA2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964525.

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61: Alternative requirement: decision making, or

"A council must think carefully about two options when deciding how to manage water services in their area."

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63: Alternative requirement: consultation on amendment to long-term plan, or

"Changing a long-term plan: when to talk to your community about water services changes"

Part 3Alternative requirements and additional powers
Alternative requirements

62Alternative requirement: consultation

  1. This section applies if a territorial authority—

  2. is deciding whether or not to establish, join, or amend—
    1. a water services council-controlled organisation; or
      1. a joint local government arrangement under section 137 of the LGA2002; or
      2. when adopting its water services delivery plan, is making decisions in relation to an anticipated or proposed model or arrangement for delivering water services in its water services delivery plan (see section 13(1)(k)); or
        1. decides to consult on a part of its water services delivery plan, other than a model or arrangement described in paragraph (b).

          1. Before a territorial authority makes a decision described in subsection (1), it is required to undertake consultation only once.

          2. A territorial authority that makes a decision described in subsection (1)(a) is not required to undertake any further consultation before making a decision described in subsection (1)(b).

          3. Despite subsections (2) and (3), a territorial authority may decide to undertake further consultation before making the decision.

          4. When deciding whether to undertake further consultation, a territorial authority must have regard to—

          5. the requirement in section 78(1) of the LGA2002; and
            1. the extent to which the authority already knows the views and preferences of persons likely to be affected by, or to have an interest in, the decision; and
              1. the nature and significance of the decision, including its likely impact from the perspective of the persons who will or may be affected by, or have an interest in, the decision.

                1. This section applies despite anything to the contrary in the authority’s significance and engagement policy adopted under section 76AA of the LGA2002.

                2. A territorial authority that defers adopting its 2024–2034 long-term plan under clause 48 of Schedule 1AA of the LGA2002 may, to satisfy the requirement to consult on the decision under this section, combine—

                3. the consultation under this section; and
                  1. the authority’s consultation on its 2025–2034 long-term plan.

                    1. For the purpose of section 60(1), the corresponding requirement for this section is in section 56(1) of the LGA2002.