2.3 Principles of Local Government
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The Local Government Act sets out principles relating to local authorities. These include:
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openness and transparency
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democratic accountability
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implementing desired outcomes effectively and efficiently
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being aware of community views
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taking the long-term view
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recognising diversity
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providing Māori with opportunities to contribute to decision-making
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working collaboratively with other authorities
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using sound business practice in commercial undertakings
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being a prudent steward of assets
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taking a sustainable approach.
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For further information, see Section 14: Ceremonies and other conventions.
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As a public body exercising statutory functions, the council must act according to the general public law principles of legality, accountability, rationality and fairness. For further information see Section 10.2: The types of decisions the council makes. This means that when making decisions the council:
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must act within the scope of its legal powers
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must act reasonably and its decisions must be supported by reasoned justifications
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must act fairly and follow proper processes in its decision-making
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is democratically accountable for its actions and decisions.
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These principles are reflected in the Local Government Act which sets out a number of principles that govern the council’s overall actions [1]. In particular, in its governance role, the council must:
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ensure that its role, and the expected conduct of elected members, is clear and understood by elected members and the community
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ensure that its governance structures and processes are effective, open, and transparent
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ensure that, so far as is practicable, decision-making processes are separated for regulatory and non-regulatory responsibilities
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be a good employer
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ensure that the relationship between elected members and management of the council is effective and understood.
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The purpose of these principles is to ensure the council acts responsibly, fairly, and transparently, and is democratically accountable in its decision-making. Where there is a conflict between any of these principles, the council should resolve that conflict in an open, transparent and democratically accountable way [2].