11.2 Reorganisation
Process for reorganisation proposals
A local government reorganisation proposal may deal with any or all of the following matters [1]:
- combining districts or regions
- creating a new district or region, including a new local authority for it
- abolishing a district or region, including the local authority
- altering the boundaries of any district or region
- transferring a responsibility, duty, power conferred by an enactment or a discretionary function from one local authority to another
- a proposal that a territorial authority assume the responsibilities, duties and powers of a regional council
- the performance and exercise by a local authority of the responsibilities, duties, and powers of a regional council in respect of a region and a territorial authority in respect of a district that constitutes a part only of that region
- establishing one or more joint committees and the delegation of responsibilities, duties, and powers to those committees
- establishing, abolishing or altering the boundaries of a local board area
- combining two or more local board areas.
Application and proposal process
Local government reorganisation applications are made to the Local Government Commission. There is a prescribed process for how the Commission must consider applications [2].
In the application stage, the commission first decides whether to assess the application, before considering the affected area and whether there is community support for reorganisation. Alternative applications are called for and considered alongside both the original application and the existing arrangements, before the commission determines and notifies its preferred option.
If the current arrangements are the preferred option, the process for that application ends.
If the preferred option is something other than the current arrangements, the application progresses to the proposal stage. At this stage, the commission prepares and consults on a draft proposal before deciding whether or not to issue a final proposal. It may also issue a new draft proposal which is then consulted on again. Final proposals are publicly notified, including notice to affected electors that they have the right by petition to demand a poll, in which electors will vote on the final proposal.
If a poll is held and more than 50 percent of valid votes oppose the final proposal, it will not proceed. If more than 50 percent of valid votes support the proposal (or if no poll is called for) the final proposal will be confirmed by way of Order in Council; a transition agency is set up, and a reorganisation scheme prepared.
Local authority led reorganisation application
Another option for reorganisation applications available to local authorities is a 'local authority led reorganisation application' [3]. This empowers one or more local authorities to develop and publicly consulate on a reorganisation plan and submit the plan to the Commission for approval.
Further information on the process can be found on the Local Government Commission’s website [4].
Current discussion about reorganisation in Auckland
Auckland Council is considering whether to progress with a local board reorganisation plan. Check How we represent you: Auckland Council representation review to read the proposal.
A local board reorganisation plan decides:
- how many local boards we have in total
- the boundaries for local boards
- representation arrangements for each local board which means deciding how many members each local board has and how they are chosen to represent the community.
Following consultation in July and August 2024 alongside the representation review, the council will decide whether to continue investigating changes in time for the 2028 election. The Local Government Commission will independently review any decisions before they are finalised.
Footnotes
[1] Local Government Act 2002, section 24.
[2] Local Government Act 2002, sections 24A to 27B and schedule 3.
[3] Local Government Act 2002, Schedule 3 Part 2 subpart 1B.