Our reference: RFS 3927508
Monday 4 February 2019
To Leonie Exel
By email only to: [FYI request #9263 email]
Dear Ms Exel,
Official information request - RFS 3927508
Thank you for your information request. A response to your request is provided to you today in
accordance with the provisions of the Local Government Official Information and Meetings Act 1987
(“the LGOIMA”).
Your request and corresponding answers are as follows:
“My understanding is that under the LGA 2002, a brand new bylaw must begin to be reviewed within
five (5) years of it first being ‘made’. There are then two (2) years where Council can spend time
consulting with the community on that bylaw. After a new bylaw has been reviewed once, Council can
wait ten (10) years for the next review (again, with the two (2) year leeway period for consultation). I
am aware that there have been multiple amendments to the LGA over time, which may affect the
legally required review dates of some of FNDC’s bylaws.”
1. Is the above also FNDC’s understanding of the requirements of the LGA 2002 in this regard?
In part. However, you state “
There are then two (2) years where Council can spend time consulting
with the community on that bylaw.” and further “(again, with the two (2) year leeway period for
consultation)”. This is not accurate.
To review a bylaw, a local authority must follow the same procedure as if it was making the bylaw
afresh. A review consists of the following:
a. Determine the perceived problem that the bylaw is addressing;
b. Determine whether the bylaw is the most appropriate way of addressing the perceived
problem;
c. Determine whether the proposed bylaw is the most appropriate form of bylaw; and
d. Consider whether the proposed bylaw gives rise to implications under the New Zealand Bill of
Rights Act 1990.
Once the above steps have been followed and a local authority concludes that the most appropriate
way of addressing the problem is by bylaw, then the review is complete.
The bylaw
review procedure does not include the special consultative procedure (SCP) that follows;
SCP is not part of the review procedure and does not have to be completed by the review date.
2. Other than the Chief Executive, please advise the position title of the person responsible for
ensuring that the Far North District Council’s bylaws are current, and lawful. Please do not provide
their name.
No one person works on Council’s bylaws. A number of departments collaborate to fulfill Council’s
bylaw requirements.
3. Please advise whether the current Mayor and/or Councillors have ever been made aware that
any FNDC bylaw has become ‘revoked’ as a result of Council being ‘out of time’ to review it, or to
make a new bylaw.
No, because this circumstance has never arisen.
4. In relation to each of the following bylaws, please advise (i) in your view, given the date on which
the bylaw was first made, when should it have been first reviewed, and thereafter reviewed? and (ii)
do you consider that particular bylaw to be ‘revoked’ currently due to it being out of time for review?
(iii) why/why not?
In accordance with Ombudsman guidelines questions which require the agency to form an opinion or
provide an explanation and so create new information to answer the request is not official information.
However, in this instance we can provide you with information that is known to the organisation; and
that is that all Council’s bylaws subject to the review requirements under the Local Government Act
2002 have been reviewed and that none of Council’s bylaws as currently published on Council’s
website have been automatically revoked due to review noncompliance.
Thank you for your enquiry.
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