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Local Government (Water Services Preliminary Arrangements) Act 2024

Alternative requirements and additional powers - Alternative requirements

64: Alternative requirement: information requirements for consultation

You could also call this:

"Councils must share information with you when making big decisions about your community's water services"

When you are part of a community, your local council might want to make some changes. They have to tell you about their ideas and why they want to make these changes. They must make this information available to everyone.

Your council must explain what they want to do, and why they think it is a good idea. They have to look at other options and tell you about them, including what might happen if they do not make the change. This includes how it might affect the rates you pay, the services you get, and the charges for water.

If the change involves working with other councils or organisations, they must explain how this will work. They must also tell you how they will make sure the new organisation is doing a good job. You can find this information on your council's website or by asking them directly.

Your council must take reasonable steps to make sure you can access this information. This means they should put it on their website and tell people it is available. They should also explain what the information means and how you can get a copy of it.

A strategic asset is something that is very important to your community, like a water treatment plant. Your council must follow the rules set out in the Local Government Act 2002 when dealing with strategic assets. You can learn more about what this means by reading section 5(1) of the Local Government Act 2002.

When your council is making big decisions, they have to follow certain rules. One of these rules is that they must make information available to the public, which means they have to take reasonable steps to make sure you can access it. You can find more information about this in section 82A(2) of the Local Government Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964528.

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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"

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"Considering a shared water services area for your community"

Part 3Alternative requirements and additional powers
Alternative requirements

64Alternative requirement: information requirements for consultation

  1. This section applies when a territorial authority consults—

  2. in relation to 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. before adopting its water services delivery plan, 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. on a part of its water services delivery plan, other than a model or arrangement described in paragraph (b).

          1. When a territorial authority consults in the circumstances described in subsection (1), the authority must make the following information publicly available:

          2. the proposal, an explanation of the proposal, and the reasons for the proposal:
            1. an analysis of the reasonably practicable options (including the proposal), which must,—
              1. if the authority relies on the alternative requirement in section 61(2), be the options identified under section 61(2)(a) and (b); or
                1. in all other cases, be the options identified under section 77(1) of the LGA2002:
                2. how proceeding with the proposal is likely to affect—
                  1. the authority’s rates, debt, and levels of service; and
                    1. any charges for water services:
                    2. how not proceeding with the proposal is likely to affect—
                      1. the authority’s rates, debt, and levels of service; and
                        1. any charges for water services:
                        2. if the proposal involves establishing, joining, or amending a joint WSCCO or a joint local government arrangement, the implications for communities throughout the joint service area of the joint WSCCO or the joint local government arrangement:
                          1. if the proposal involves transferring ownership or control of a strategic asset to the WSCCO or the joint local government arrangement, a description of any accountability or monitoring arrangements the authority will use to assess the performance of the WSCCO or the joint local government arrangement in regard to the asset:
                            1. any other relevant implications of the proposal that the authority considers will be of interest to the public.

                              1. For the purpose of section 60(1), the corresponding requirement for this section is in section 82A(2) of the LGA2002.

                              2. In this section,—

                                publicly available means that the territorial authority must take reasonable steps to—

                                1. ensure that the information or a copy of it is accessible to the general public in a manner appropriate to the purpose of the information, including, where practicable, on the territorial authority’s internet site; and
                                  1. publicise, in a manner appropriate to the purpose and significance of the information, both the fact that the information (or a copy of it) is available and the manner in which the information (or the copy) may be accessed

                                    strategic asset has the meaning set out in section 5(1) of the LGA2002.