Local Government (Auckland Transitional Provisions) Act 2010

Council decisions on recommendations

Heading: inserted, on 4 September 2013, by section 6 of the Local Government (Auckland Transitional Provisions) Amendment Act 2013 (2013 No 64).

148 Auckland Council to consider recommendations and notify decisions on them

(1)

The Auckland Council must—

(a)

decide whether to accept or reject each recommendation of the Hearings Panel; and

(b)

for each rejected recommendation, decide an alternative solution, which—

(i)

may or may not include elements of both the proposed plan as notified and the Hearings Panel’s recommendation in respect of that part of the proposed plan; but

(ii)

must be within the scope of the submissions.

(2)

When making decisions under subsection (1),—

(a)

the Council is not required to consult any person or consider submissions or other evidence from any person; and

(b)

the Council must not consider any submission or other evidence unless it was made available to the Hearings Panel before the Panel made the recommendation that is the subject of the Council’s decision.

(3)

To avoid doubt, the Council may accept recommendations of the Hearings Panel that are beyond the scope of the submissions made on the proposed plan.

(4)

The Council must, no later than 20 working days after it is provided with the report (or, if there is more than 1 report, the last of the reports) under section 146,—

(a)

publicly notify its decisions under subsection (1) in a way that sets out the following information:

(i)

each recommendation of the Hearings Panel that it accepts; and

(ii)

each recommendation of the Hearings Panel that it rejects and the reasons for doing so; and

(iii)

the alternative solution for each rejected recommendation; and

(b)

electronically notify each requiring authority affected by the decisions of the Council under subsection (1) of the information referred to in paragraph (a) that specifically relates to the decision recommending that the authority confirm, modify, impose conditions on, or withdraw the designation or heritage protection order concerned.

(5)

Subsection (6) applies if the Council decides that it wishes to accept a recommendation but alter the recommendation in a way that has a minor effect or to correct a minor error.

(6)

The Council may notify the recommendation as accepted, but only if, when complying with subsection (4)(a)(i), it sets out the alterations to the recommendation.

(7)

A recommendation to which subsection (5) applies must, for all purposes, be treated as a recommendation of the Hearings Panel accepted by the Council.

(8)

Subsection (4) is subject to section 149.

Section 148: inserted, on 4 September 2013, by section 6 of the Local Government (Auckland Transitional Provisions) Amendment Act 2013 (2013 No 64).

Section 148(2)(b): amended, on 24 November 2015, by section 10 of the Local Government (Auckland Transitional Provisions) Amendment Act 2015 (2015 No 114).

Section 148(4): amended, on 24 November 2015, by section 10 of the Local Government (Auckland Transitional Provisions) Amendment Act 2015 (2015 No 114).