79 Compliance with procedures in relation to decisions

(1)

It is the responsibility of a local authority to make, in its discretion, judgments—

(a)

about how to achieve compliance with sections 77 and 78 that is largely in proportion to the significance of the matters affected by the decision as determined in accordance with the policy under section 76AA; and

(b)

about, in particular,—

(i)

the extent to which different options are to be identified and assessed; and

(ii)

the degree to which benefits and costs are to be quantified; and

(iii)

the extent and detail of the information to be considered; and

(iv)

the extent and nature of any written record to be kept of the manner in which it has complied with those sections.

(2)

In making judgments under subsection (1), a local authority must have regard to the significance of all relevant matters and, in addition, to—

(a)

the principles set out in section 14; and

(b)

the extent of the local authority’s resources; and

(c)

the extent to which the nature of a decision, or the circumstances in which a decision is taken, allow the local authority scope and opportunity to consider a range of options or the views and preferences of other persons.

(3)

The nature and circumstances of a decision referred to in subsection (2)(c) include the extent to which the requirements for such decision-making are prescribed in or under any other enactment (for example, the Resource Management Act 1991).

(4)

Subsection (3) is for the avoidance of doubt.

Section 79(1)(a): amended, on 8 August 2014, by section 22 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 79(3): added, on 7 July 2004, by section 9 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

Section 79(4): added, on 7 July 2004, by section 9 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).