LOCAL GOVERNMENT ACT 2009 - SECT 85 Community forum input on trust change proposals

LOCAL GOVERNMENT ACT 2009 - SECT 85

85 Community forum input on trust change proposals

(1) This section applies if—

(a) a trustee council is an indigenous regional council; and

(b) the trustee council wants to consider a trust change proposal; and

(c) a community forum has been established for the division of the local government where the trust land is located.

(2) A
"trust change proposal" is a proposal to make a decision—

(a) to put an improvement (including a structure, for example) on trust land; or

(b) to create an interest in trust land (including a lease or mortgage, for example); or

(c) that the trustee council has decided, by resolution, must be dealt with as a trust change proposal.

(3) The trustee council must give the community forum an opportunity to give input about the trust change proposal.

Note—

See division 3 for more information about community forums.

(4) The trustee council must give the community forum a notice that gives the community forum—

(a) reasonably sufficient information about the trust change proposal; and

(b) reasonably sufficient time;

to allow the community forum to give input about the trust change proposal.

(5) The trustee council must have regard to any input that is received from the community forum within the time specified in the notice.

(6) If the trustee council proposes to make a decision that is contrary to the community forum’s input, the trustee council must give notice of the reasons for the proposed decision to the community forum.

(7) If the community forum advises the trustee council that it does not support the trustee council’s proposed decision, the trustee council must take reasonable steps to let the community know.

(8) If the trustee council proposes to make a decision that is contrary to the community forum’s input, the decision has effect only if—

(a) the decision is approved by a majority of the councillors (other than the mayor), regardless of how many councillors take part in any meeting about the decision; and

(b) the councillor for the division of the local government area in which the trust land is situated does not vote against approving the decision.