4.3.2 Local board responsibilities
Overview of local board responsibilities
Local boards have a wide range of responsibilities and play a key role in:
- making decisions on local matters
- providing local leadership
- supporting strong communities.
Local boards are closely connected to the communities they serve and help shape the local places they represent.
How local board responsibilities are assigned
Legislation gives decision-making powers to local boards in three ways:
- directly by legislation
- by allocation from the Governing Body (for non-regulatory activities)
- by delegation from the Governing Body (for regulatory activities) or Auckland Transport (for transport activities).
What local boards are responsible for
Local boards:
- make decisions on non-regulatory local activities allocated by the Governing Body through the long-term or annual plan, for which local boards are fully autonomous and accountable to their communities
- adopt a local board plan every three years, following community consultation
- adopt and monitor local board agreements
- develop and oversee delivery of annual work programmes
- represent and engage with communities and identify local needs
- provide input on regional strategies, policies, plans and bylaws to the Governing Body based on community preferences
- contribute to CCO (council-controlled organisation) plans and initiatives
- propose local bylaws to the Governing Body
- work with other local boards when collaboration benefits their communities
- take on additional responsibilities delegated by the Governing Body or Auckland Transport
- delegate tasks to the chief executive where appropriate.
Local boards are accountable to their communities for their allocated and statutory decision-making. Their decisions are subject to public and media scrutiny throughout the term. The media plays a large role in forming the community’s view of the performance of members and a local board.
Allocation of non-regulatory responsibilities
The Governing Body must allocate responsibility for non-regulatory decisions to either itself or local boards in line with section 17 of the Local Government (Auckland Council) Act 2009.
The default assumption is that local boards should make decisions on non-regulatory activities, unless a region-wide approach would better support Auckland communities.
Key points about allocation
- When local boards make decisions on matters allocated to them, those decisions are final council decisions — there is no further approval needed from the Governing Body.
- The Governing Body makes these allocations each year as part of the annual plan and every three years in the long-term plan.
- Areas commonly allocated to local boards include:
- local parks and community facilities (libraries, pools, halls etc)
- local events and activities
- community development projects.
- Before allocating responsibilities, the Governing Body must consider the views and preferences of local boards.
Resolving allocation disputes
If a local board disagrees with a Governing Body decision about the allocation of non-regulatory responsibilities or proposed bylaws, the The Local Government (Auckland Council) Act 2009 sets out a dispute resolution process [1].
Dispute resolution steps:
- The local board must advise the Chief Executive that it disagrees with the decision [2].
- The local board and Governing Body must make reasonable efforts to resolve the issue in a timely and mutually acceptable way, considering:
- legal requirements
- communities’ current and future wellbeing
- community preferences and priorities.
- If unresolved, the local board may apply in writing to the Local Government Commission for a binding decision. The Commission must treat the issue as urgent, investigate, and may apportion costs between the local board and Governing Body.
Regulatory activities delegated to local boards
While regulatory decisions cannot be allocated, the Governing Body can delegate some of its regulatory decision-making responsibilities to local boards.
Before making a delegation, the Governing Body must weigh the benefits of reflecting local circumstances and preferences through a delegation with the advantages of using a single approach by retaining the responsibility. [3].
Accountability
- When a power is delegated, the Governing Body remains ultimately accountable for the decision.
- When a decision-making power is allocated, the local board is fully accountable.
Local boards may also be delegated decision-making responsibilities by Auckland Transport, although no such delegations are currently in place.
Local board input into regional strategies and policies
The Governing Body is responsible for adopting region-wide strategies, policies, plans and bylaws.
Under the Local Government (Auckland Council) Act 2009, the Governing Body must consider the views and preferences of local boards where their communities are affected.
Working together on regional policy
Regional policies should reflect the shared governance model whereby local boards make local decisions. Local boards should be involved from the beginning of policy development.
Planning processes must allow time, support and resources for local boards to:
- understand the proposed development and/or review of policies within the regional context
- engage meaningfully on how policy may affect their communities.
Local boards usually provide feedback through local board resolutions. The feedback should be:
- collated, summarised and analysed for reporting to the relevant Governing Body committee
- attached to reports for relevant committees.
The role of the local board chair and deputy chair
Each local board elects a chair and a deputy chair.
The chair:
- provides strong leadership and inspires the local board
- builds strong working relationships with members, iwi (chief-to-chief), senior council staff and other stakeholders
- chairs local board meetings effectively, in line with standing orders and the code of conduct
- represents the local board, and wider Auckland Council when appropriate, in civic and community roles at events and in the media
- upholds good governance principles
- works with the Governing Body and council committees to give local board input on regional decisions, plans, strategies and policies.
- supports and monitors the performance of local board members while holding them to account
- is the spokesperson for the local board.
The deputy chair acts in the chair’s place when the chair is unavailable.
Emergency management
Local board members play a vital role in supporting communities to be strong and resilient before, during and after emergencies.
Their contribution aligns with the 4Rs emergency management framework, and the Auckland-specific goal of resilience.
The 4Rs:
- reduction – reducing the risks of hazards
- readiness – preparing communities to respond
- response – supporting the community when emergencies occur
- recovery – helping communities rebuild and recover.
Local boards provide local leadership and help integrate resilience planning into their communities. They are a key point of connection between emergency management agencies and Aucklanders, especially during local emergencies. Each local board has adopted a local Emergency Response and Readiness Plan [4].
Footnotes
[1] Local Government (Auckland Council) Act 2009 sections 97-99
[2] This is a practical step, to commence the process.
[3] Local Government Act 2002 section 36C (3)