Local Government (Auckland Council) Act 2009

  • not the latest version
  • This version was reprinted on 20 May 2016 to make a correction to clause 8(4) of Schedule 2 under section 25(1)(j)(i) and (v) of the Legislation Act 2012.
15 Decision-making responsibilities of governing body

(1)

The governing body is responsible and democratically accountable for—

(a)

the decision making of the Auckland Council in relation to any regulatory responsibility, duty, or power conferred on, or applying to, the Council under this Act or any other enactment (for example, the responsibilities, duties, or powers conferred on, or applying to, a local authority under the Resource Management Act 1991, the Health Act 1956, the Building Act 2004, and the Civil Defence Emergency Management Act 2002); and

(b)

the decision making of the Auckland Council in relation to—

(i)

transport networks and infrastructure; and

(ii)

any non-regulatory activities of the Auckland Council that are allocated to the governing body in accordance with section 17; and

(c)

the decision making of the Auckland Council in relation to the establishment and maintenance of capacity to provide, or ensure the provision of, services and facilities (including local activities) by the Auckland Council; and

(ca)

the decision making of the Auckland Council in relation to the governance of its council-controlled organisations; and

(cb)
[Repealed]

(d)

the decision making of the Auckland Council in relation to compliance with section 101 of the Local Government Act 2002 (which relates to the financial management of a local authority); and

(e)

the agreement reached with each local board (as set out in each local board agreement) in respect of local activities for the local board areas.

(2)

Before making a decision described in subsection (1)(a) to (d), the governing body must—

(a)

comply with any requirements of this Act; and

(b)

comply with any requirements of the Local Government Act 2002 and any other enactment; and

(c)

consider any views and preferences expressed by a local board, if the decision affects or may affect the responsibilities or operation of the local board or the well-being of communities within its local board area.

Section 15(1)(b): replaced, on 8 August 2014, by section 77 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 15(1)(ca): inserted, on 1 November 2010, by section 16 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).

Section 15(1)(cb): repealed, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).