Media Release

5 March 2010

Hide should stop misleading Aucklanders, says Labour

Local Government Minister Rodney Hide is blatantly misleading Aucklanders in an increasingly desperate bid to sell the super city to a sceptical public, says Labour's Auckland Issues spokesperson Phil Twyford.

"Mr Hide and his Associate Minister John Carter are going around town saying their local boards will have the power to "make by-laws", when they have specifically ruled out the local boards having any rule-making powers. "The sad truth of the Hide super city model is that the local boards can only advocate to the Super Council for a by-law, and lobby them to pass it, just like any other lobby group in Auckland can.

"In fact, the government banned the local boards from having any regulatory powers in their second super city bill passed last year.

“The Super Council is only allowed to delegate certain non-regulatory powers to local boards in areas like parks and libraries, except where a coordinated approach outweighs the benefits of a local decision, except where decision making would be more effective if integrated with other Council decisions, and except where the impact of a decision goes beyond the local board area.

"You can drive a truck through all those exceptions. Does anyone really think the new Council will willingly delegate powers downwards to local boards?”

“Yet Rodney Hide and John Carter still run around town saying local boards will have the power to ‘make by-laws’? Who do they think they are fooling?

"The Government should start to listen to the hundreds of select committee submitters who want specific powers for local boards put into law so there is no ambiguity about their role and powers.

"Mr Hide can spin all he likes about how local boards "are key to encouraging Aucklanders to become more actively engaged" but that cannot happen if the government leaves local boards as toothless talkshops." 

Contact: Phil Twyford 027 444 9161

*Hide’s interview on Bfm: http://www.95bfm.com/default,18,bcasts.sm?cast=3852

Herald Article: http://www.nzherald.co.nz/politicsnews/article.cfm?c_id=280&objectid=10629699

Reference to Legislation:

Section 24 of the Local Government (Auckland Council) Act gives Local Boards the power to propose bylaws. The proposal is subject to the effective approval of the Council governing body.

24 Local board may propose bylaw

(1) A local board may propose to the governing body, in writing, that a bylaw be made to apply only in, or in any part of, its local board area.

(2) As soon as practicable after receiving a proposal under subsection (1), the governing body must decide whether the proposed bylaw meets the following requirements:

(a) the proposed bylaw complies with the applicable statutory requirements; and

(b) the proposed bylaw is not inconsistent with any strategy, policy, plan, or bylaw of the Council; and

(c) the proposed bylaw can be implemented and enforced within the local board’s budget; and

(d) the proposed bylaw will not have any significant effect outside the local board’s area.

(3) If the governing body decides that a proposed bylaw—

(a) meets the requirements of subsection (2), it must give written notice of its decision to the local board:

(b) does not meet the requirements of subsection (2), it must give written notice of its decision (with reasons) to the local board.