Local Government (System Improvements) Amendment Bill - Amendment paper No 654
Local Government (System Improvements) Amendment Bill - Amendment paper No 654
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Local Government (System Improvements) Amendment Bill - Amendment paper No 654
No 654
House of Representatives
Amendment Paper
Local Government (System Improvements) Amendment Bill
Proposed amendment
Tangi Utikere, in Committee, to move the following amendment:
Clause 25
In clause 25(9), after new clause 26A(4) (page 12, after line 6), insert:
(5)
Despite section 13(1) of the Ombudsmen Act 1975, an Ombudsman may investigate any decision of the governing body made under subclause (4) if an elected member makes a complaint about such a decision.
(6)
All other provisions of the Ombudsmen Act 1975 apply, with all necessary modifications, to an investigation under subclause (5).
Explanatory note
This Amendment Paper amends clause 25 of the Local Government (System Improvements) Amendment Bill, and would amend new clause 26A of Schedule 7 of the principal Act.
Section 13(1) of the Ombudsmen Act 1975 excludes decisions taken by the governing body from the Ombudsmen’s maladministration jurisdiction. Effectively, this means an elected member would need to pursue an application for judicial review to seek to correct an erroneous or unreasonable decision on access. This Amendment Paper would provide for these types of decisions to be subject to the Ombudsmen’s maladministration jurisdiction.
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Local Government (System Improvements) Amendment Bill - Amendment paper No 654
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