Auckland Council Decision Making Rules & Requirements

A range of principles and requirements apply to how the council makes decisions, depending on the nature of the decision being made.

The general principle of governance requires the council to ensure its structures and processes are effective, open, and transparent. In making decisions the council must also comply with the specific requirements in the legislation under which the decision is made.

Resource Management Act decisions stand apart

Decisions under the Resource Management Act do not generally refer to the Local Government Act 2002 and the Local Government (Auckland Council) Act 2009. The Resource Management Act contains its own comprehensive set of decision-making requirements.

Core procedural steps under the Local Government Acts

The basic procedural decision-making requirements in the Local Government Act 2002 and Local Government (Auckland Council) Act 2009 include to identify all reasonably practicable options for achieving the objective of a decision, and assess the advantages and disadvantages of those options. The Significance and Engagement Policy provides that the council may consider the number of people affected, the degree to which they are affected and the likely impact of the proposal or decision when assessing significance.

For some types of significant decisions, for example bylaws and the long-term plan, the council is required to use the special consultative procedure set out in the Local Government Act 2002. The Local Government Act 2002 and Local Government (Auckland Council) Act 2009 gives the council general decision-making responsibilities relating to Māori and Houkura - Independent Māori Statutory Board.

Public law standards apply across all decisions

All council decision-makers are subject to public law principles which are enforced by the High Court in judicial review.