Official Information Request - 21 March 2019 (Council)

Sent: Friday, 29 March 2019 1:23 p.m.

Subject: LGOIMA question - decisions of current Council and obligations on incoming Council

I refer to your email of 21 March 2019 where you ask 'What legal and customary limits are there to a current Council's capacity to make policy, sign contracts and otherwise encumber an incoming Council with obligations?'

The activities and actions of Council (governing body) are covered by the Local Government Act 2002 (refer to sections 41(3) and 76). Any decisions (contractual or policy) made by the governing body during its term of office are binding on future governing bodies.

Council's Long-term Plan is reviewed mid cycle and also during Annual Plan processes.

During an election year there is a period from the day after the declaration of the electoral result until the new Council is sworn in at the inaugural meeting where Council has to consider arrangements to ensure the effective and efficient conduct of the Council's business during this period. Clause 14 of Schedule 7 of the Local Government Act 2002 (LGA) a person newly elected to Council (including a re-elected persons) may not act until they have made the necessary declaration at the inaugural Council meeting. In 2019 this period is likely to be from around 16 October (declaration of election results in the Daily Post) to the scheduled inaugural Council meeting on 24 October.

In the past Rotorua Lakes Council have delegated all of its responsibilities, duties and powers for this period, except those set out in paragraphs (a) to (h) of clause 32(1) of Schedule 7 of LGA, to the Chief Executive in consultation with the Mayor elect. This delegation is only for those matters that cannot reasonably wait until the first meeting of the new Council.

As per the Act, we are obliged to advise that you may contact the Ombudsman at the address below if you have any concerns with the response provided by Council, by writing to:

The Office of the Ombudsman

PO Box 10 152

WELLINGTON 6143

Alternatively, you may email info@ombudsman.parliament.nz or use the online complaints form available at www.ombudsman.parliament.nz/make-a-complaint.

Regards