All FAQs

There is a two-tier governance structure for Auckland Council: a governing body made up of the Mayor and 20 councillors, and 20 to 30 local boards. The governing body of the Council and the local boards will sit alongside each other and have distinct roles, rather than operate in a hierarchical relationship.

Under the Local Electoral Act, councils, including the new Auckland Council, have the power to decide to have specific Māori seats and the voters, by referendum, are able to require this of the council, or to change a council decision on the matter.

The Auckland Council must adopt a local boards funding policy setting out:

• How funds for meeting the costs of funding local activities and administrative support will be allocated

• What other funding may be available and the criteria.

Communities and citizens will have influence on Auckland Council in the following ways: the Mayor, elected at large, will have to have regard to public opinion, and will be subject to much greater scrutiny by media than any existing mayor. The same scrutiny will apply to the 20 councillors. Auckland Council and local board meetings will be open to the public, to whom councillors and board members are accountable. Formal consultation processes for the Auckland Council will continue as required by the Local Government Act 2002. Elections will continue to be held every three years.

The total number of positions needed in the new structures will not be known until the ATA has determined the functions to be delivered and the supporting organisational structures.

Exactly how the transition from existing councils to the new arrangements will be managed will be determined by the ATA. A protocol will be developed to guide how the transition for staff will be managed.

Watercare Services Ltd will be the provider of integrated water supply and wastewater services to Auckland.

Watercare is also required to formulate a plan for the interim management of standalone water and wastewater schemes as from 1 November 2010, and detailed proposals for the long-term management and operation of these schemes for consideration by the Auckland Council.

Watercare Services Ltd will not be responsible for integration arrangements for stormwater drainage. The Auckland Council will be responsible for stormwater decisions.

A third Auckland governance Bill, provisionally titled the Local Government (Auckland Law Reform) Bill, will be introduced in December 2009. It will:

• Complete the legislative framework for ongoing governance arrangements in Auckland, by amending the Local Government (Auckland Council) Act 2009 and other legislation

• Amend the Local Government (Tamaki Makaurau Reorganisation) Act 2009, and possibly other legislation, to make further and full provision for the establishment of the Auckland Council and dissolution of existing Auckland local authorities on 1 November 2010

• Make provision for the interim operation of the Auckland Council from 1 November 2010 before it develops its own LTCCP, rating and financial policies, etc.

The governing body will be responsible for:

• The regulatory functions of the Council (e.g. RMA, Health and Building Acts, Civil Defence)

• Making decisions on non-regulatory activities where an Auckland-wide approach will better promote the wellbeing of communities across Auckland

• Financial and asset management

• Staff and resources of the Council

• Providing Council services and facilities

• Implementing agreements made with local boards

The role of the Mayor is to:

• Promote a vision for Auckland

• Provide leadership to achieve that vision

• Lead the development of plans, policies and budgets for consideration by the governing body of the Council

• Ensure there is effective engagement between the Auckland Council and the people of Auckland

The purpose of local boards is to:

• Enable democratic decision-making by, and on behalf of, communities in the local board area

• Enable the promotion of the social, economic, environmental and cultural well-being of communities in the local board area.

Local boards will be responsible for:

• Decision-making on those non-regulatory functions of the Auckland Council that do not require an Auckland-wide approach. These functions will be identified in the Council’s long-term and annual plans

• Identifying and communicating the interests and preferences of people in their area on the policies and plans of the Council

• Adopting a local board plan for local activities, and reaching agreement with the governing body on their provision

• Identifying and developing bylaws, and proposing them to the governing body

Local boards’ powers and duties will include:

• Monitoring and reporting on the implementation of the local board agreement

• Communicating with community organisations and special interest groups

• Responsibilities or powers delegated by the governing body

• Considering and reporting on any matter of interest or concern to the local board

Yes. Meetings of the governing body of the Council and local board meetings will be open to the public, to whom councillors and board members are accountable.

Local boards will not be able to raise their own revenue. They will, however, be able to seek increases in levels of service or other expenditure by the governing body of the Council in their local areas. This may result in a targeted rate being set by the Council in respect of the additional services.

The Local Government Commission will make decisions on the details of the boundaries of the Auckland Council wards and the names, number and boundaries of the local boards and their membership by 1 March 2010. This will be in time for the local elections in October 2010.

All wards and boundaries of Auckland Council should be finalised by 1 March 2010 ready for the local government elections in October 2010. The First Past the Post voting system will be used and no councillors will be elected at large.

The Auckland Council will develop its first Long Term Council Community Plan under the new process in 2012. The Auckland Council's new, single LTCCP in 2012 will be important in defining the future path.

The Auckland Council will be responsible for the implementation of the Local Government Act 2002. The planning and outcomes provisions of this Act do not form part of the Government’s decision-making on Auckland governance, but the Government is separately reviewing the LTCCP and community outcomes processes. It is intended that any changes resulting from this review should apply to all councils, including Auckland, unless there are sound reasons for them not to.

Existing contracts will be honoured; tenders and similar processes now under way will continue unless there is a clear reason to change in the light of the Auckland Council proposals.

The delivery of community services will be the responsibility of the new Auckland Council. It is expected local boards will be closely involved in developing, proposing and advocating on the nature and type of services to be provided within their areas.

Where a council has given a formal commitment (of a type which would be enforceable in law) to a community or individual, this commitment will continue to be enforceable under the new structures. Where a commitment is not of a type enforceable by law, Auckland Council will be accountable to its communities for acting in a responsible and honourable way.

Under the Local Government Act, there must be consideration given to Māori views (no other specific group is given the status accorded the tangata whenua). Also, councils are required to take the steps to provide opportunities for Māori to contribute to decision-making processes including fostering ways of developing Māori capacity to contribute to decision-making processes.

As a general principle, all current assets and liabilities will be transferred to the new Auckland Council and decisions about current assets will be the responsibility of the Council.

Auckland Council will be responsible for consents processes; it is expected that a single process for each type of consent will apply across the region. The physical location of council services will be decided by the governing body of the Council.

The Auckland Transition Agency (ATA) will be responsible for designing and establishing the new structures.

Yes, staff will be consulted before the new design is finalised.

Currently, all existing employment agreements remain in force and they will continue to be employed by their current employer (i.e. the relevant council)

An organisation that is owned or closely controlled by a council, in this case by Auckland Council.

The Select Committee will make arrangements for a public submission process when the Bill is referred from the House. Details will appear on the Parliamentary website later this year.