Date: 14 April 2016
The Local Government Commission has made a decision on the “affected area’’ for the application from the Northern Action Group (NAG) for a North Rodney unitary authority, separate from Auckland Council.
The Commission has determined that all of the Auckland Council area is the affected area, rather than just North Rodney. In doing so it determined that the operational scale, scope or capability of Auckland Council would be materially affected if local government in the North Rodney area were to be reorganised as proposed by NAG. An explanation and summary of the Commission’s reasons can be found at: North Rodney application
As required under Clause 8, Schedule 3 of the Local Government Act 2002, the Commission has also determined there is demonstrable community support in the Auckland Council district for local government reorganisation in the area affected by the application. The Commission is not required to determine that a majority of persons in an affected area support reorganisation. A summary of the Commission’s reasons can be found at: North Rodney application
The Commission will now call for alternative applications. These are other suggested local government arrangements relating to the Auckland Council area, which can be made by any person, body or group. It will then decide on its preferred local government option. If the preferred option is not the status quo, the Commission will then begin developing a draft reorganisation proposal before consulting further with the community and gauging public support for it.
“The Commission will be inviting ideas and suggestions from people and parties interested in local government in the Auckland Council area,’’ said Commission Chair Sir Wira Gardiner. “We look forward to receiving and considering these.’’
The process for local government reorganisations under the Local Government Act 2002 is (broadly):
Simon Cunliffe | Local Government Commission | Department of Internal Affairs Te Tari Taiwhenua
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Q: What is an affected area?
A: The affected area is the area impacted by the application – in this case it means is it just North Rodney or all of Auckland.
Q: What is the test?
A: Whether the operational scale, scope and capability of the Council would be materially affected.
Q: What happens now?
A: The Commission is following a prescriptive legislative process and will soon call for alternative applications.
Q: What is an alternative application?
A: An alternative application is another suggestion for reorganising local government in the affected area.
Q: Is the status quo a possibility?
A: Yes. The Commission is required to include the existing local government arrangements among any other “reasonably practicable’’ options considered.
Q: Will there be a poll on the outcome?
A: If the Commission were to develop and consult on a draft proposal, and then decide to issue a final proposal, a poll would be a possibility.
Q: How is a poll triggered?
A: A poll may be demanded by a petition of 10 per cent or more of affected electors in the district of any affected territorial authority.
Q: Would the poll be limited to North Rodney residents or would anyone in Auckland be able to vote?
A: Any “affected elector’’ may participate in a poll, an affected elector being a residential elector or ratepayer elector in the affected area: that is they are either on the electoral roll as living in, or a non-resident ratepayer of, the affected area.