Everything Council does is governed by a legislative framework.
Some of the key laws and documents that govern and empower Council to fulfil its functions are the:
The Local Government Act 2002 sets out the purpose of local government, the general powers of councils and the associated planning and accountability requirements.
The Local Government (Rating) Act 2002 sets out the methods by which councils raise revenue through rates.
The Resource Management Act 1991 (RMA) promotes the sustainable management of natural and physical resources. The Ministry for the Environment is responsible for administering the Resource Management Act and ensuring that it is implemented effectively.
The Act prescribes a variety of policy statements and plans to guide resource management activities and decision-making, primarily for regional and district/city councils.
Under the Act if central government wants to give local councils some direction on environmental issues, it can issue national policy statements or set environmental standards.
The Resource Management Act 1991
The Local Government Official Information and Meetings Act 1987 sets out:
It also covers the disclosure of information by an elected member of any information held by that member to a member of the public and requests for official information by the public.
The Local Electoral Act 2001 sets out the process for council elections.
All councils are all required to consult on and publish a Long Term Plan once every three years - covering 10 years into the future.
Our Long Term Plan describes Council’s activities, priorities and work programmes. It is a key planning tool which outlines everything we do, how it fits together and what it will cost.
The Long Term Plan also contains information on our Community Outcomes, which are consulted on with the community to assist in developing and confirming the focus of a Long Term Plan.
Long Term Plan
All councils are also required to consult on and publish an Annual Plan in each of the two years when a Long Term Plan is not produced. This highlights any changes or variations from the Long Term Plan for the coming year.
A council may also decide to produce an amended Long Term Plan at this time if they are planning a major change from those outlined in the existing Long Term Plan.
Annual Plan
Councils are required to publish an Annual Report each year telling the community whether they have done what the Annual Plan said they intended to do.
The Annual Report also details what has been spent, and may include what progress has been made toward achieving Community Outcomes.
Annual Reports must be adopted by October each year, and must be audited before they are finalised.
Annual Reports
Territorial authorities are primarily responsible for controlling the impacts of land use within their district, including the preparation of District Plans, and the determination of applications for land use and subdivision consent.
Our District Plan is a legal document required under the Resource Management Act 1991 which sets out policies and objectives for managing the natural and physical resources of the Whangārei District.
If anyone wishes to undertake an activity that is not permitted in accordance with the rules of the District Plan then they must apply to Council for a resource consent.
District Plan
For certain issues, central government provides direction for local authorities through various policies and strategies. Often local authorities are required by law to incorporate these strategies into their own planning activities.
Regional policy and strategy, such as the Northland Regional Pest Management Strategy, can also influence Council activities.
Council from time to time undertakes additional focused planning projects to support its various statutory planning activities. These projects are usually designed to assist decision making in relation to longer term planning issues.
Non-statutory planning exercises are usually designed to include a consultation process so that the public can have their say in these matters before any decisions are incorporated into the formal planning processes such as the Long Term Plan and the District Plan.
Activity and Asset Management Plans describe in detail how the various departments of Council will be managed to support objectives for the well-being of the district’s population.
These are agreed through the Long Term Plan process and provide more detailed content on the asset or the activity, what long term issues exist and financial planning matters in relation to the asset or activity.
For example: a Transportation Activity and Asset Management Plan will include information about the standard of roads of the district and will outline in detail which roads will require maintenance or upgrades over at least the 10 years of the Long Term Plan, usually more.
A list of further Acts of Parliament and local legislation (Acts that apply specifically to Whangarei District Council) can be found below:
In addition to the legislation that applies to all local authorities, Council is also bound by local legislation (Acts that apply specifically to it). These include:
See the project page for details