Representation Arrangements
The Reorganisation Process
Local government reorganisation, as set out by the Local Government Act 2002 section 24, may provide for one or more of the following matters
- the union of districts or regions,
- the constitution of a new district or region, including the constitution of a new local authority for that district or region,
- the abolition of a district or region, including the dissolution or abolition of the local authority for that district or region,
- the alteration of the boundaries of any district or region,
- the transfer of a statutory obligation from one local authority to another,
- the assumption by a territorial authority of the powers of a regional council,
- the performance and exercise by a local authority of both
- the responsibilities, duties, and powers of a regional council in respect of a region; and
- the responsibilities, duties, and powers of a territorial authority in respect of a district that constitutes a part only of that region
- the establishment of 1 or more joint committees and the delegation of responsibilities, duties, and powers to those committees,
- the establishment of a local board area, including the establishment of a local board for that local board area,
- in relation to a local board, other than a local board established under the Local Government (Auckland Council) Act 2009,
- the means by which the chairperson is elected; and
- whether the local board may include appointed members
- the abolition of a local board area,
- the alteration of the boundaries of a local board area,
- the union of 2 or more local board areas.
The purpose of the local government reorganisation provisions of this Act is to improve the effectiveness and efficiency of local government by:
- Providing communities with the opportunity to initiate, and participate in considering, alternative local government arrangements for their area; and
- Requiring the Commission, in consultation with communities, to identify, develop, and implement in a timely manner the option that best promotes good local government.
A reorganisation application may be made to the Local Government Commission by any person, body or group. The 2012 and 2013 Amendments to the LGA 2002 have steadily increased the flexibility related to reorganisation.
The procedures for resolving each type of proposal are slightly different. In general, they begin with a proposal from a Council, the Ministry of Local Government or by a petition signed by 10% of electors.
Proposals for boundary alteration or the transfer of functions from one council to another will be considered by the affected councils, or by the Local Government Commission, if the local authorities refer the proposal to the Commission. The Commission will deal with proposals for the establishment of a new City/District or for the creation of a Unitary Authority. These proposals cannot be implemented without a poll of electors.
Further information on these requirements can be found in Sections 24 to 27 of the Local Government Act 2002. The Local Government Commission has also prepared guidelines on procedures for local government reorganisation. These may be requested from the New Zealand Local Government Commission or located on its website www.lgc.govt.nz.