10.4.1 General

 

1. A range of principles and requirements apply to how the council makes decisions, depending on the nature of the decision being made.

2. As a general principle of governance the council should ensure its structures and processes are effective, open, and transparent [1]

3. In making decisions, the council should:

   • comply with the specific requirements in the legislation under which the decision is made

   • comply with the general requirements of the Local Government Act 2002 and the Local Government (Auckland Council) Act 2009 that apply to the particular decision, particularly any requirements to expressly consider alternative options and to consult the public and Māori

   • comply with any policy that applies to the decision or appropriately identifies and justifies any inconsistency with that policy

   • comply with the general requirements of public law, including ensuring decision-makers act lawfully, fairly and reasonably in the circumstances; in particular, decision-makers need to ensure decisions are not affected by conflicts of interest or predetermination

   • ensure decisions do not breach human rights legislation

   • ensure governing body and local board (or their committees) decisions comply with the relevant Standing Orders and other meeting procedure requirements.

4. These requirements can be enforced by the High Court in judicial review.

 

 

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