LOCAL GOVERNMENT ACT 1999 - SECT 50

LOCAL GOVERNMENT ACT 1999 - SECT 50

50—Public consultation policies

        (1)         For the purposes of this Act, a council must prepare and adopt a public consultation policy.

        (2)         A public consultation policy—

            (a)         must set out steps that the council will follow in cases where this Act requires that a council must follow its public consultation policy; and

            (b)         may set out steps that the council will follow in other cases involving council decision-making.

        (3)         The steps referred to in subsection (2)—

            (a)         in a case referred to in subsection (2)(a)—must provide interested persons with a reasonable opportunity to make submissions in the relevant circumstances; and

            (b)         may vary according to the classes of decisions that are within the scope of the policy.

        (4)         However, a public consultation policy for a case referred to in subsection (2)(a) must at least provide for—

            (a)         the publication of a notice—

                  (i)         in a newspaper circulating within the area of the council; and

                  (ii)         on a website determined by the chief executive officer,

describing the matter under consideration and inviting interested persons to make submissions in relation to the matter within a period (which must be at least 21 days) stated in the notice; and

            (b)         the consideration by the council of any submissions made in response to an invitation under paragraph (a).

        (5)         A council may from time to time alter its public consultation policy, or substitute a new policy.

        (6)         However, before a council—

            (a)         adopts a public consultation policy; or

            (b)         alters, or substitutes, a public consultation policy,

the council must—

            (c)         prepare a document that sets out its proposal in relation to the matter; and

            (d)         publish in a newspaper circulating within the area of the council a notice of the proposal inviting interested persons to make submissions on the proposal within a period (which must be at least one month) stated in the notice; and

            (e)         consider any submissions made in response to an invitation under paragraph (d).

        (7)         A council is not required to comply with subsection (6) in relation to the alteration of a public consultation policy if the council determines that the alteration is of only minor significance that would attract little (or no) community interest.

        (8)         A person is entitled to inspect (without charge) a public consultation policy of a council at the principal office of the council during ordinary office hours.

        (9)         A person is entitled, on payment of a fee fixed by the council, to a copy of a public consultation policy.

Chapter 5—Members of council