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Local Government Act 2002 (Community Outcomes (Example - WRC Monitoring…
Local Government Act 2002
Local Government
LGA gives local authorities particular powers (functions and duties), which are set by parliament and derive from statute
Local government is the means by which communities make decisions about the nature of their local area and about the range of publicly provided services that will be available
LGA provides local government with general powers of competency
Specific powers of local government are drawn from other special legislation such as the RMA 1991, the Building Act, the Biosecurity Act 1993
Introduces the concept of long-term plans - a key vehicle for planning and delivery for core (and other) local government services
Introduces a variety of provisions relating to governance, management, decision-making and consultation
Gives increased recognition to the Treaty of Waitangi
Documents
Mandatory statutory requirements.
Annual Plan
Deals largely with how intended community projects are to be funded and supports the long-term council community plan by providing co-ordination of the resources of the local authority
A separate plan produced by local authorities under the LGA
Continues to be required for the two years between long term plans (LTPs)
Provides an update on progress towards the community outcomes and any changes to the planned projects and programmes that have occurred.
Local authority must prepare and adopt an annual plan for each financial year
Contributes to local authority accountability
Enables the public to participate in decisions relating to funding of activities in the area
Local authority cannot be required to implement
No rules/regulations
Annual Report
Produced at the end of each financial year
Shows how actual activities, services & performance of Council measured up to the intended levels of service & performance as shown in LTP or Annual Plan
Long Term Plan
Intended to give a long term view of community needs and aspirations
Partnered by the Annual Plan
Separate from District and Regional Plans prepared under the RMA
Sets out a council’s priorities over medium & long terms
The LTP must be produced/revised by Regional and Territorial authorities every 3 years (medium term), & cover a period at least 10 years (long-term)
Content
10 year programme
Activities and link to community outcomes
Financial strategy
Activities and expenditure in detail for the first three years, and outlines the next seven years
Cost of activities, how paid for and how contribute to community well-being.
Services provided and projects to be undertaken
Purpose
Describes activities of local authorities
Describe the community outcomes of the local authority's district or region
Provide integrated decision-making and co-ordination of the resources of the local authority
Provide a long-term focus for the decisions and activities of the local authority
Provide a basis of accountability of the local authority to the community
Prepared with public consultation
Provides a formal and public statement of the local authority's intentions in relation to the matters covered by the plan
Local authority cannot be required to implement the long term plan
Local authority cannot carry out some activities unless specified in the LTP
No rules/regulation
Local governments may also produce any other document necessary to carry out its statutory purpose
Plans and strategies such as economic development
strategies, growth strategies, collaborative strategies
(Future Proof, 3Waters Strategy), community plans and
structure plans
Examples
Public Art
Whaiwhakareke
Maungatautari
Community Outcomes
Outcomes that a local authority aims to achieve in order to promote the social, economic, environmental, and cultural well-being of its district or region
Identified by the LTP
Basis of the LTP
Councils are required to report on the progress being made towards the Community Outcomes
Councils identify key indicators or measures for specific areas and collect and analyse data against these key indictors in order to indicate progress.
Example - WRC Monitoring Schedule
The Waikato Regional Council has a total of 1106 environmental monitoring data collection sites across the region ranging from recorders collecting continuous data to bi-annually sampled sites.
Significance
The degree of significance of any decision is important because it determines
The nature, extent and degree of compliance required
Whether or not a separate round of consultation is required
The extent and detail of information to be disclosed by the
local authority
76AA Significance and Engagement Policy
Councils must adopt a significance and engagement policy that will allow them to identify with the community the more important decisions
It will also define how councils will engage with communities on decisions
The recent changes to the Local Government Act (LGA) 2002 require all councils to have, from 1 December 2014, an approved Significance and Engagement Policy for incorporation into the 2015-2025 Long Term Plan.
The Mayoral Forum’s regulatory policy and bylaw work stream developed a standardised Significance and Engagement Policy to be used throughout the region. Waikato Regional Council adopted the policy at its meeting on 30 October 2014
Example - Hamilton City Council
Significance and Engagement Policy Purpose and Scope
To enable Council and its communities to identify the degree of
significance attached to particular issues, proposals, assets, decisions and activities.
To provide clarity about how and when communities can expect to be engaged in decisions made by Council.
To inform Council from the beginning of a decision-making process about the extent, form and type of engagement required.
An assessment of the degree of significance of proposals and decisions, and the appropriate level of engagement, will therefore be considered in the early stages of a proposal before decision making occurs and, if necessary, reconsidered as a proposal develops.
5.The Council will take into account the following matters when assessing the degree of significance of proposals and decisions, and the appropriate level of engagement:
a. A legal requirement to engage with the community
b. Level of financial consequences of the proposal or decision
c. Portion of the community affected by a proposal or decision
d. Likely impact on the community, recognising Maori cultural values and their relationship to land and water
e.Whether the proposal affects the level of service of a significant activity (including commencing or ceasing an activity) or involves transfer the ownership or control of strategic assets, as listed in Schedule 1.
f.Whether community interest is high
g. Whether community views are already known, including the community’s preferences about the form of engagement.
h. The form of engagement used in the past for similar proposals and decisions.
6.In general, the more significant an issue, the greater the need for community engagement
Examples
Ordinary Decision - Street-sweeping contract
Significant Decision - Develop strategic asset such as Hamilton Gardens