Local Government (Auckland Council) Act 2009

25 Local board must consult on proposed bylaw
  • (1) This section applies if a local board has received notice under section 24(3)(a) from the governing body in respect of a bylaw that the local board has proposed.

    (2) The local board must confirm the proposed bylaw using the special consultative procedure within the local board area and, for that purpose, section 156(1) of the Local Government Act 2002 applies, with any necessary modifications, as if the local board were a local authority and the bylaw were a bylaw being made under that Act.

    (3) If, after acting under subsection (2), the local board confirms the proposed bylaw, it must give written notice of its decision to the governing body and the governing body must adopt the bylaw by resolution.

    (4) If, after acting under subsection (2), the local board modifies the proposed bylaw, it must give written notice of its decision to the governing body and the governing body must—

    • (a) if satisfied that the proposed bylaw meets the requirements of section 24(2), adopt the bylaw by resolution; or

    • (b) if not satisfied that the proposed bylaw meets the requirements of section 24(2), give notice to the local board under section 24(3)(b).

    (5) Where the Auckland Council adopts under subsection (3) or (4)(a) a bylaw that is made under the Local Government Act 2002, the requirements of sections 86, 155, and 156 of that Act are deemed to be satisfied in respect of that bylaw.

    Section 25(3): amended, on 1 November 2010, by section 25(1) of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).

    Section 25(4)(a): amended, on 1 November 2010, by section 25(2) of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).

    Section 25(5): substituted, on 1 November 2010, by section 25(3) of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).