Legal status

The Local Government Commission is an independent statutory body established under the Local Government Act 2002. Its members are appointed by the Minister of Local Government.

The Commission’s decisions do not require the Minister’s approval before being implemented. Some decisions, however, are required to be implemented by Order in Council (signed by the Governor-General), for example reorganisation plans.

Commission decisions may be appealed to the High Court only on a point of law. The Commission’s work may also be subject to judicial review.

For the purpose of performing its functions, the Commission has the powers of the district court in conducting and maintaining order at any meeting or hearing. It also has the powers of a commission of inquiry.

The Commission is subject to the Official Information Act 1982. However, information relating to particular Commission work and investigations is not official information for the purposes of the Act until that work or investigation is complete.

The Commission is a public office for the purposes of the Public Records Act 2005.