Amendment Bill unlikely to achieve Government’s objectives says local
Amendment Bill unlikely to achieve Government's objectives says local government leader
Tuesday 4 December 2012
Local Government New Zealand's President, Lawrence Yule, is warning that passing of the Local Government Act 2002 Amendment Bill into law was unlikely to fully achieve the government's objectives.
In its drive to have councils move their focus away from the four well-beings - environmental, economic, cultural and social wellbeing - the government has instead injected uncertainty into the law by increasing the scope for council decisions to be judicially reviewed.
Rotorua District Council mayor Kevin Winters had earlier made a submission to the government select committee considering the amendment bill, asking for the four well-beings to be retained.
A number of councils have already been warned by external parties that they will use the new purpose clause in the legislation to challenge council decisions.
Although LGNZ and the Government had agreed to disagree on the retention of the four well-beings, our members had hoped that the wording adopted by the government in the new purpose clause would limit the opportunity for judicial review. LGNZ had provided draft wording to achieve this. Unfortunately the Government chose not to adopt that wording, Mr Yule said.
The costs associated with judicial reviews will fall to ratepayers to meet but accountability for such outcomes will rest with the government he said.
The lesson from this legislation is that processes that are not based on facts, principle and constructive dialogue between central and local government do not serve the public well.
Looking forward, a more engaged discussion between central and local government is required if the country is to prosper.