6.2.3 Resolving decision-making allocation disputes

 

1. The Local Government (Auckland Council) Act 2009 provides a mechanism to deal with any disputes that might occur between the governing body and local boards on decisions made by the governing body on the allocation of non-regulatory decision-making responsibilities or proposed bylaws [1].

2. The following process must be followed if one or more local boards is dissatisfied with the governing body’s decision:

   • The local board advises the chief executive that they disagree with the governing body decision [2].

   • The local board and the governing body must make reasonable efforts to reach a mutually acceptable and timely resolution of the dispute, having regard to the legislation’s requirements and the current and future wellbeing of Auckland’s communities, their preferences and priorities.

   • The local board may apply in writing to the Local Government Commission for a binding determination if the dispute cannot be resolved.

3. On receipt of a request for a binding determination, the Local Government Commission is required to treat the issue as urgent and make appropriate inquiries. The costs of the Local Government Commission may be apportioned between the local board(s) and the governing body.

 

 

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