Local Government Act 2002 (New Zealand) - Consultation

Consultation

The Special Consultative Procedure (SCP) is a key part of the Local Government Act 2002 which must be used when changes to the Long Term Plan (LTP) are to be made. SCP is triggered by the significance policy stated in the LTP and even changes to the significance policy must happen by way of SCP.

All by-law introductions, amendments or omissions are made using the SCP. The SCP is used when changes in level of service happen in the LTP or when significance levels are reached of a percentage of revenue or a few people are affected a greatly or many people are affected generally by the proposal. By-law changes and updates must happen under the SCP provisions in preparation for all by-laws being through the SCP by June 30, 2008.

All by-laws must keep current and be not older than 10 years without an SCP taking place to keep by-laws current. Transparency in the processes of Council is facilitated by the SCP safeguards in the Act. New Zealand's Local and Regional Authority will have its first full LTP, with Community Outcomes, complete from each district by 31 July 2006 when they will be required to have passed through the SCP and be lodged in the Parliamentary Library in Wellington. Once this process is complete the use of the SCP will become regularly used in updating the LTP and any major changes that happen to come along.

In SCP a statement of proposal and a summary of the Statement of Proposal is a required to go out for community feedback. The draft full document requires not less than one month for public submissions to be sent into council. These submission can be heard in person if the submitter wishes and full council listens and consults on all submissions in making a decision over the draft proposal. Once passed the document is no longer draft and the SCP requirement has been satisfied.

In Consultation outside the SCP which happens with the Community Outcomes process the principles of consultation remain the same as stated in the Act and are a major focus of all consultation with the community in Local Government under the Local Government Act 2002.

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