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Local
Government in Asia and the Pacific: A Comparative Study
Country
paper: New Zealand
Description
of the Country
Evolution
of Local Government
Local
Government Categories
Local
Government Functions
Local
Government Finances
Personnel
Systems
Central-Local
Links
Public
Participation
The
Way Ahead
Further
Reading
Annex
I: Statement on Local Government New Zealand
Brief Description of the
Country and its National/State Government Structure
Demography
In terms of land area New Zealand is similar in size to Japan
and the United Kingdom of Great Britain. Its physical geography
is variable, much of it being mountainous and uninhabitable. New
Zealand lies in the southwest Pacific, about 1600 kilometres southeast
of Australia. It is made up of two main islands (North and South
Island), Stewart Island and several outlying islands. The landscape
is a mixture of flat country, rolling hill country and mountains.
Over three quarters of the country is more than 200 metres above
sea level. The South Island in particular has numerous peaks,
fiords and glaciers, lakes and fast flowing rivers. New Zealand
has a mild climate with few extremes due to it being located in
an ocean environment. This climate means that New Zealand is well
suited to agriculture and horticulture that are still vitally
important to the economy. Mean annual temperatures range from
15 degrees Celsius in the top of the North Island to 10 degrees
Celsius in the bottom of the South Island.
In 1996, the total population was 3,660,364*. Nearly three-quarters
of New Zealand's population live in urban areas with populations
over 20,000. A significant percentage of the population (55 per
cent) is concentrated in five main urban areas - Auckland, Wellington,
Christchurch, Dunedin and Hamilton. Around 80 per cent of the
New Zealand population are of European origin: mostly of British
descent but also including people originating from the Netherlands,
Yugoslavia and other European nations. Approximately 15 per cent
of the population are of Maori descent. Besides, Pacific Island
and Asian (Chinese, Indian and Korean) peoples are significantly
represented in the New Zealand population. Maori are recognized
as the original settlers in New Zealand having been thought to
have arrived approximately 700-800 years ago from Polynesia. The
first wave of British settlers reached New Zealand in the 1840s.
By the end of the century the population had expanded rapidly
following the introduction of government assisted immigration.
The Maori population is expected to grow from 425,000 (1991 census
figures) to 672,000 by the year 2031, which represents a growth
rate that is twice as fast as the non-Maori population. The government
has a special Ministry to look after issues that are particularly
of concern to Maori. Te Puni Kokiri (The Ministry of
Maori Development) provides the government with advice on how
key policies affect Maori and it works alongside other government
agencies on issues such as education, health, employment and income.
Traditionally a predominantly rural economy, New Zealand's economic
base has diversified significantly across all sectors (manufacturing,
services and tourism) over the last 30 years. This has been reflected
in progressive urbanization. Since 1984, New Zealand has undergone
considerable economic restructuring. These changes have involved
dismantling the extensive tariffs and protection that sheltered
New Zealand's productive sector from overseas competition and
made locally produced goods and services less competitive than
those produced overseas. This restructuring also involved considerable
public sector reform, privatization and deregulation. These changes
initially led to economic stagnation as the economy went through
a process of readjustment. Since 1991, economic performance has
recovered with positive economic growth (especially export growth)
accompanied by low inflation. Over this period a number of industries
expanded rapidly, many of these in non-traditional areas. These
included electronics, engineering, computer software, tourism,
wine, forestry, boats and marine products and building construction
products. In 1997 New Zealand had a per capita Gross Domestic
Product (GDP) of US$18,250.
Figure 1. Contribution of the Sectors to GDP (1995)
Compared to other developed nations, the Agriculture sector still
makes a relatively high contribution to total economy activity.
Future trends indicate a further diversification away from agricultural
products towards higher value goods and services. New Zealand
is party to several international trade arrangements, including
the International Trade Association and APEC. The Australia-New
Zealand Closer Economic Relations Trade Agreement (CER) provides
for a free exchange of all goods and most services between the
two countries. This complements the free movement of people and
mutual recognition of qualifications and standards that exist
between Australia and New Zealand.
Although New Zealand is best known as an agricultural nation,
the country is highly urbanized with 85 per cent of the country's
population living in centres with more than 1000 inhabitants.
New Zealand is a well-housed nation with 73 per cent of the population
owning their own home. Single detached housing with private gardens
predominates, although many people are choosing more high density
living particularly in inner city areas of the main metropolitan
centres. Material living standards and quality of life indicators
remain high by international comparisons. Culture and cultural
activities are important to the New Zealand way of life and this
is reflected in the strong support of museums, libraries, art
galleries and concerts. New Zealand has a strong publishing and
film industry with films by New Zealand directors such as "The
Piano" and "Once Were Warriors" achieving box office success around
the world. Besides, New Zealand has a great sporting tradition
and New Zealanders are active participants in a range of sporting
activities. The most popular sports in 1995 were rugby, golf,
netball and athletics.
The historical dispersion and distribution of New Zealand's population
settlement and the need to maintain communications to sustain
economic development have resulted in a well-developed road infrastructure
throughout both islands. The evolution of local government structure
in New Zealand and the development of the road system have occurred
interdependently. In New Zealand's early history, local authorities
were formed significantly in response to the need to provide for
effective communications. The funding and provision of local roads
have become the most significant single functional responsibility
for the sector.
National governmental and
political structure
Government structure
There are two branches of government: central and local. New
Zealand's parliamentary system of government was originally based
on the Westminster model but has progressively departed from this
in recent years. The parliamentary system is unicameral. The electoral
system, previously a first-past-the-post system was replaced (in
1996) by a form of proportional representation known as the mixed-member-proportional
(MMP) system. Under this system, electors have a Party Vote and
an Electorate Vote, which, in total, are used to select a total
of 120 members to Parliament. The first election held under this
system was in 1996. After lengthy negotiations between the political
parties it resulted in the formation of a centre-right coalition
government.
Public sector reform in the national context
Local government reform in New Zealand closely followed that
applied to central government. From 1984, the Labour Government
set about comprehensively reviewing the role of the state. This
had significant implications for the public service and the way
it was managed. The Treasury in its 1984 and 1987 briefing papers
articulated the government's objectives, policies and proposals.
These focussed on economic and government management. State sector
reform was a product of changes in thinking arising from new institutional
economic and management theories. In particular the government
sought to achieve significant efficiencies in New Zealand's economic
performance through:
- Achieving optimum efficiency in the
allocation of economic resources;
- Achieving higher levels of transparency
and accountability, especially by ensuring that public sector
organizations' objectives would be clearly defined, by providing
freedom for managers to manage accountably in accordance with
those objectives and by ensuring better information flows; and
- Achieving better performance all round
by emphasizing the importance of attaining desired outcomes
and outputs, especially in public management, instead of by
emphasizing inputs as had been symptomatic of the pre-reform
era.
Public sector reform resulted in new management practices and
organization structures. In effect, the state was to deliver policy
and goods and services only where market failure demonstrably
existed. Initially, central government separated the trading arms
of many of its departments from their essential policy functions.
Later stages of reform saw a considerable reduction in the size
of most departments and the creation of much smaller policy ministries.
The underlying concept of founder/provider (or policy/service
delivery) split became well recognized. Many traditional functions
and activities of central government were privatized, e.g. telecommunications,
railways, the postal service and both state-owned trading banks.
Another significant means of delivering some services was through
the corporatisation of some agencies by establishing SOEs (State
Owned Enterprises) - wholly government-owned corporations, operating
along the lines of private companies. These were managed by appointed
boards of directors, outside of the direct control of the political
arm of government. The state sector reforms owed a lot to the
agency theory principle where governments (local or central),
as the principals, set broad public objectives and policies that
the agents carry out. This principle applies to the relationships
of the governing bodies with their chief executives, their trading
arms (State Owned Enterprises and Local Authority Trading Enterprises)
and with private contractors. Essentially, this model of reform
for central government became the basis for local government reform.
Evolution of Local Government,
its Legal and Political Background
History of local government
The pattern and structure of local government were shaped by
the growth and distribution of population and by the needs of
the economy and people for improved communications, especially
roads. The provincial governments, abolished in 1875, progressively
gave way to a fragmented system of territorial and single-purpose
local authorities (including road districts). Many county councils
were created from old road boards. The need to reform local government
had long been recognized and was reflected, in particular, in
the establishment of the first Local Government Commission in
1946 and others succeeding it up to the present.
Local government prior
to reform
Prior to reform there were, in total, about 830 local authorities.
Of these, about 730 were predecessors to the 86 new regional and
territorial authorities created by the 1989 legislative reform.
About 450 single purpose authorities and 22 former united and
regional councils were subsumed in the new system. 74 Territorial
(city and district) authorities - replacing 217 former city, borough
and county councils - were established. In addition, 136 community
councils were abolished, being replaced by community boards under
the new territorial authorities umbrella. Community boards are
set up by councils and are composed half of elected councilors
nominated by the city/district council and half elected by the
local electorate. They may have responsibilities delegated to
them by the council that set them up, but are mostly used as a
mechanism for consultation.
Table 1. Local Government Structure
|
| Number of local authorities |
1996 |
1988 |
|
| Regional councils |
12 |
3 |
| City councils |
15 |
28 |
| District councils |
58 |
177 |
| Chatham Islands council |
1 |
0 |
| Special purpose authority |
7 |
249 |
| Domain and recreation boards |
0 |
176 |
|
Table 2. Expenditures Territorial Authorities
(1995)
|
| Expenditure items |
Percentage in 1995 |
|
| Democracy |
4 |
| Regulatory |
10 |
| Utilities |
26 |
| Roads |
24 |
| Social/cultural/recreational |
23 |
| Commercial |
6 |
| Other |
7 |
|
There are 12 regional councils and 4 unitary territorial authorities
that are responsible for the tasks of both a regional and a district
council. The unitary authorities are the Gisborne District Council,
Tasman District Council, Marlborough District Council and the
Nelson City Council. Before the reform, local government administration
was generally lacking a strong corporate planning ethic. Decision-making
and budgeting tended to be incremental. Expenditure was typically
constrained by financial commitments made in previous years and
by the level of available funds rather than being driven by a
zero-based or another explicit planning approach.
Reform of local government
The main local government reform occurred in 1989. The changes
in reform were signalled in December 1987 in Government Policy
Statements, which proposed that:
- As the main principle, local government
should be selected to undertake responsibilities or functions
only where the net benefit would exceed that of other institutional
arrangements; and
- Subsidiary principles were to be applied,
including functions to be allocated based on: appropriate communities
of interest, operational efficiencies to be achieved, clear,
non-conflicting objectives; trade-off of objectives to be explicit
and transparent; clear and strong accountability mechanisms.
The Minister stressed that the review would aim to improve the
accountability and performance of local government. The outcome
of the application of these principles was the introduction of
two types of local government units: regional councils and territorial
authorities.
Local Government Categories
and Hierarchies
In unitary and territorial authorities, the mayor is elected
at large. Regional councilors elect one of their members as the
chair. Virtually all councils have taken up the option available
to them to hold elections by postal ballot. Regional councils
and territorial local authorities have separated but complementary
functions, with neither being subordinate to the other. One researcher
has noted that there is an overlap of responsibilities between
regional councils and territorial local authorities in the planning
area in particular. Another outcome of reform was that the sector
became smaller. The total number of sector jobs (i.e. trading
and non-trading) reduced from 44,200 in 1989 to 40,000 (in February
1996). Finally, the reforms changed the ways in which councils
had to make and implement decisions so as to achieve the objectives
of reform - in particular, changes occurred in planning, accountability
and reporting.
Local Government Functions
Local government has responsibilities and delivers functions
under a raft of legislation. The influence of reform policy objectives
is reflected in an emphasis on outcomes and outputs (results)
instead of on inputs. Another important product of reform has
been the legal requirement on councils to achieve the separation
of policy and service delivery. The intention behind this is to
bring about greater public accountability and transparency in
their conduct and to reduce conflicts of interest between their
policy/regulatory and service delivery functions and between trading
and non-trading activities.
Essential functions of
regional councils
- Resource management policy and plan
provision as well as consents administration relating to the
use and development of (and particularly the effects of these
on) natural and physical resources, land, air and water discharges
and water allocation;
- Pest destruction and policy aspects
of biosecurity;
- Flood control;
- Regional emergency management and civil
defence;
- Regional land transport planning and
coordination;
- Regional hazardous waste disposal; and
- Harbour administration.
Essential functions of
territorial authorities
- Community well-being and development;
- Environmental health and safety (including
building control, emergency management, civil defence and environmental
health matters);
- Infrastructure (roads, transport, sewerage,
water and storm water); and
- Provision for recreational and cultural
activities.
Local government: founder,
provider and regulator
Local authorities may provide goods and services in-house, set
up a Local Authority Trading Enterprise (LATE), or contract or
tender out services. Clearly these are similar to the options
also available to central government in its own sphere of operations,
especially in the parallel between a LATE and a State Owned Enterprise
(SOE). LATEs are companies in which a local authority or any combination
of local authorities holds equity securities that carry 50 per
cent or more of the voting rights at any general meeting of the
company. Local government legislation provides a code of operation
for LATEs in addition to accountability provisions. LATEs are
required to pay tax and to be run as successful businesses. They
also employ their own staff. At least two members of the Board
must be individuals otherwise unconnected to the council. Energy,
ports and airport companies cannot be LATEs, although there are
LATEs that own these assets. LATEs may operate outside of the
district where they are based, both nationally and internationally.
They are involved in a wide range of activities including but
not limited to: engineering, car parks, cinemas, shopping complexes,
water, forestry, tourism, quarrying, public transport and property
management. LATEs are accountable to their shareholders (who are
either one or a combination of local authorities) for their performance.
Corporatisation and contracting
out
LATEs have been a popular service delivery option as evidenced
by the number of them set up since the reforms in 1989. Some senior
practitioners have noted that sometimes setting up a LATE may
not improve the financial position of a council due to the high
costs of the corporatisation process. There are no universal figures
available to justify the use of LATEs in all cases. Contracting
out also needs to be explored on a case by case basis. However,
a New Zealand business association that is normally a strong critic
of local government has noted that one district council in a regional
area has achieved cost savings of 30-40 per cent through contracting
out the bulk of its works and services. Another council, in one
of the major metropolitan areas is achieving cost savings of 18
per cent and 36 per cent in parks management and road maintenance
respectively through competitive tendering. One local authority
in the greater Auckland area has claimed it has been able to reduce
rates by over 28 per cent through a combination of contracting
out services (including the franchising of its water supply).
At the same time it claims to have improved customer service.
At the local government level, corporatisation has been a far
more common option than privatization, which has tended to be
restricted to ports, electricity companies and gas companies (which
may not be run as LATEs). The option of creating LATEs has been
seen as a way of making services more contestable while retaining
the public ownership of services. Some assets such as airports,
which have been Crown assets in the past, have been bought by
some authorities because they are regarded as strategic assets
designed to ensure that communities and businesses in regional
areas continue to have strong links with the outside world. Given
the autonomous nature of local government and the rigorous consultation
processes local authorities are required to follow, each council
is accountable to their local electorate for any decisions to
corporatise or contract out services. Therefore, there is not
one prescribed formula for local authorities to follow outside
of the planning and consultative requirements set out in local
government legislation.
Independence and accountability
of local government
Local government has become significantly independent of central
government. This independence arises in two main ways:
- One is that the Local Government Act
places an obligation on each local authority to be directly
accountable through the annual planning process to its own community
for the ways in which it will allocate resources. This has been
accompanied by a selective reduction in central government oversight
of essentially policy matters. There remains, however, oversight
of local government's stewardship roles through an external
audit of its management and environmental activities; and
- Secondly, there has been a steady withdrawal,
over a number of years, of central government financial assistance
and subsidies to local government. Present local government
funding is about 90 per cent locally sourced. The balance comprises
mainly financial assistance from central government for land
transport.
Local authorities independently undertake extensive regulatory
activities under a range of statutes (e.g. Resource Management
Act, Building Act, Biosecurity Act and Sale of Liquor Act). Under
some of these Acts, they are operating as the main implementers
of legislation in their own right (e.g. the Resource Management
Act). In others, they are agents of central government (e.g. liquor
licensing).
Governance and accountability
A raft of obligations and responsibilities, of which the overriding
one is to act intra vires, maintains accountability. Councils
are answerable for their acts (and omissions) both in a court
of law (civil and criminal breaches) and triennially to the electorate.
Within their respective spheres the Ombudsman and the Auditor
General may also exact accountability. The 1989 amendments to
the 1974 Local Government Act require councils to prepare annual
plans in consultation with their communities and to report on
their performance in accordance with the plan at the end of each
year. These reforms introduced significant new elements of local
governance as opposed to just management/ administration. Councils
were required to:
- Establish clear objectives for each
activity and policy;
- Resolve conflicting objectives and conflicts
of interest clearly;
- Separate regulatory functions from other
functions as is practicable;
- Measure performance in terms of stated
objectives;
- Reflect the separation of regulatory
from other functions as far as is practicable in their management
structures; and
- Outline for the year in question in
particular terms and for the following two financial years in
general terms, the relevant policies and objectives (for the
local authority and any subsidiary enterprise or company) and
describe the scope of significant activities to be undertaken
together with performance targets and other relevant measures.
Every local authority must publicly report annually on its own
activities and those of any companies or LATEs it is involved
with.
Resource Management Act
The passage of the Resource Management Act (RMA) into law in
1991 followed several years of intensive broad-based consultation.
The RMA replaced over 50 former statutes. The focus of the RMA
is on promoting sustainable management of natural and physical
resources; it gives councils the means to provide for the management
of the effects of the use and development of such resources, rather
than to plan for and direct development. It is mandatory for regional
councils and unitary authorities to produce maintain and review
a regional policy statement and a regional coastal plan for their
regions. Territorial local authorities are required to prepare,
maintain and review district plans. The purpose of district plans
is to enable local authorities to manage the natural and physical
resources of their districts primarily by controlling the effects
of land uses and development, together with land subdivision,
noise and the use of rivers and lakes.
This legislation is unique, as it is the only statute where local
government is required to explicitly take into account the Treaty
of Waitangi. Councils are required to:
- Recognize and provide for the relationship
of Maori and their culture and traditions with their ancestral
lands, water, sites and other Taonga;
- Take into account planning documents
recognized by local Maori;
- Consider whether to prepare a regional
plan where there are any significant concerns of Tangata Whenua;
and
- Consult variously with Maori in policy
and plan preparation and in processing resource consent applications.
Local Government Finances
Rating and charging powers
Local authorities' income sources are varied and include property
rates, user charges, fees, some central government financial assistance,
fuel taxes and returns on investments. The present rating and
charging powers have been provided for in law since 1988 and remain
an important source of local tax revenue for local government.
These powers were reviewed (although ultimately they remained
essentially unchanged) during the process leading to the 1989
reforms. Because 1996 changes to legislation radically reformed
the regime by which councils make financial management policies,
a major review of rating and charging powers is programmed to
ensure that adequate instruments are available to councils to
apply the new policy-making requirements.
Funding, financial management
and reforms
The 1996 reforms to the local government legislation - notably
in the financial management provisions of the Local Government
Amendment (No. 3) Act 1996 - signalled changes and a new approach
for local government in the ways it undertakes its financial planning
and management responsibilities. These reforms amount in effect
to the second major wave of local government reform in New Zealand.
These changes require councils to establish policies on how they
will fund expenditure needs on investment, on borrowing management
and on security for loans, and reflect the earlier application
of fiscal responsibility measures in central government by:
- Strengthening local accountability for
the long-term financial planning and borrowing activities of
councils;
- Providing more explicit economic and
financial guidelines to councils in making funding decisions
and allocating costs;
- Introducing explicit fiscal responsibility
principles; and
- Providing a basis for councils to manage
their debt and investments prudently.
This reform legislation requires a local authority to prepare
every three years a long-term financial strategy covering at least
the next ten years. This strategy must contain estimates of operating
expenditure for each year, the reasons for incurring it and the
proposed ways of funding it. Councils are also required to prepare
a borrowing and investment policy. Councils are permitted to borrow
the funds required to build capital works such as water and drainage
systems with residents paying only the annual cost of that borrowing.
This legislation abolishes the Local Authority Loans Board and
the previous borrowing restrictions on local authorities. The
reforms have:
- Given councils powers to make financial
and infrastructure provision for their communities' long-term
needs (e.g. libraries, swimming pools, parks and outdoor recreation
facilities, art galleries and cultural activities, job creation,
housing); and
- Provided greater legal autonomy (but
subjected councils to increased rigour in explaining their financial
management policies) and greater transparency.
Councils must respond to these disciplines in particular by:
- Stating those principles, considerations
and matters which they propose to take into account in funding
their expenditure needs;
- Preparing long-term financial strategies,
funding, investment and borrowing management policies; and
- Reporting (in connection with the annual
plan and report) on the strategies and policies.
The main principles that councils are obliged to address in making
their funding policies and allocations are:
- The principle of recovering the costs
of expenditure at the time benefits accrues. This means arriving
at a balance between how much to charge current ratepayers and
how much to charge to future generations, i.e. through raising
loans (intergenerational equity);
- The principle that the costs of expenditure
be borne by those who benefit. This may mean recovery from the
community generally, or from identifiable categories of persons
or individuals, consistent with economic efficiency and the
nature and distribution of the benefits, commonly known as the
user pays principle; and
- The principle of recovering costs of
any expenditure to control negative effects from those who generate
them (exacerbator pays).
Long-term financial strategies have to be prepared in consultation
with communities, as part of the annual plan and require councils
to show:
- Estimated expenditure necessary to meet
identified needs of the local authority;
- Estimated cashflow projections and long-term
borrowing requirements;
- Significant forecasting assumptions
and risks involved; and
- Reasons why proposed activities are
needed.
In adopting borrowing management policies councils must show
broadly:
- The amount of their proposed loan;
- From where it will be derived;
- How they propose to manage it; and
- What they intend to use for collateral.
Figure 2. Steps in the preparation of local governments
budgets.
Personnel systems in local
government
The law stipulates that councils appoint the Chief Executive
Officer to head the council management. This is the only person
appointed by the political arm of the council. All other council
workers are employees of the Chief Executive Officer. Section
119D of the Local Government Act specifies the role of the Chief
Executive and the functions they are expected to perform. These
include:
- The implementation of the decisions
of the local authority;
- Providing advice to members;
- Ensuring the exercise of delegated and
statutory functions by staff; and
- Ensuring effective and efficient management.
Section 119B(4) of the Act gives the Chief Executive Officers
(rather than the Council) responsibility for employing staff.
It has become accepted that elected members set the overall policy
of the local authority and the Chief Executive and their staff
implement that policy, in addition to managing the local authority's
resources. Commentators have noted that the relationship between
the Chief Executive and the Mayor/Chair is a crucial one because
they work closely together.
Central-Local Links
The principal formal interface between local and central government
is the Department of Internal Affairs, which provides policy advice
to the Minister of Local Government. The Minister has an indirect
power of inquiry by referring a matter to the Local Government
Commission; a quasi-judicial appeal authority whose main function
is to hear and determine appeals and proposals relating to reorganization
schemes and representation issues. It may also consider proposals
for new districts and regions and carry out investigations of
particular matters affecting local government. Three other agencies
enquire, monitor and report directly to Parliament on local government
issues. The Parliamentary Commissioner for the Environment has
the power to investigate the effectiveness of environmental planning
and management. The Office of the Ombudsman generally investigates
appeals against declined requests for information, in accordance
with the Local Government Official Information and Meetings Act
and complaints against maladministration.
The jurisdiction extends only to complaints of unreasonable,
unjust, oppressive or discriminatory behaviour by an officer or
committee against which there is no other avenue of appeal. The
Office of the Controller and Auditor General has two distinct
functions. The first is the annual audit of every local authority,
covering the receipt, handling and expenditure of funds and to
assess to what extent objectives are matched by performance. The
other is its ability of its own volition, to investigate and report
on any aspect of financial management that it deems necessary.
New Zealand local authorities have considerable autonomy. Central
government involvement in the affairs of local government is limited
to the powers that have already been described. Governments do
not have the power to dismiss a council, or to exercise the direct
running of a council. Overall, it is intended that local authorities
are accountable, above all, to their electors, with local government
legislation prescribing the information required to be made publicly
available and the processes necessary to ensure the effective
participation of electors in the running of their local district.
Local government commission
The Local Government Commission is a quasi-judicial appeal authority
appointed by the Minister of Local Government. It is made up of
a Chairperson and two additional members. Its main functions are:
- Hear appeals against decisions on objectives
to draft reorganization schemes;
- Hear and determine proposals for the
constitution of new communities; and
- Hear and determine proposals for the
reorganization, or abolition of communities where there is disagreement
between a community board and its parent authority.
In 1994, the Commission assumed further powers to consider and
process reorganization proposals for new districts with a population
of more than 10,000 people and new regions with a population of
more than 50,000 people. The Commission carries out special investigations
of matters relating to local government, as requested by the Minister
of Local Government. An example of this was in the late 1980s
when the Commission was tasked with the role of reorganizing and
reforming New Zealand's system of local government.
Extent of Public Participation
Any person who is entitled to vote in parliamentary elections
is entitled to be a candidate for membership of a regional council,
a territorial authority, or a community board. Councilors are
elected for a period of three years, with the mayors of territorial
authorities elected independently. Chairs of regional councils
are appointed from within the council. New Zealand currently has
1132 elected members (of whom 27 per cent are women). Community
boards have advisory and other roles delegated to them by the
territorial authority in their area. They are part of the democratic
process, with members being elected to the board, while others
are appointed. Community boards have two roles: provide smaller
communities with a more approachable channel through which residents
can influence local government and provide an oversight of the
territorial authority's performance as perceived by the community.
They can be set up anywhere if there is sufficient demand for
them and if the territorial authority agrees. The powers of community
boards vary largely and are delegated to them by the parent council.
Community boards cannot borrow money or levy a rate. Territorial
authorities and regional councils have been given the right to
make by-laws by a number of enabling Acts of Parliament which
prescribe in a very specific manner what laws a local authority
can make. The main areas include resource management, public health,
litter and noise control, fire safety, public libraries, public
swimming pools, removal of refuse and nuisances. The by-laws and
their enforcement are limited to the authority's own district
or region. Once made, the enforcement of by-laws is a regulatory
function of the local authority.
Further issues for local
government
There have been significant gains since the 1989 reforms with
the local government sector having become more customers focussed,
efficient and accountable, with a higher level of governance and
leadership. The greatest challenge will be the successful implementation
of the new financial management legislation. This requires councils
to take a ten-year outlook on what they wish their communities
to be, what local government will provide, how it will fund it
and how it will allocate the costs of provision across communities.
This reform is probably a greater challenge than the 1989 reforms,
which were about form and function and a year-to-year accountability
to the community. The 1996 reform goes to the heart of community
choices and how those can be reconciled, funded and delivered.
A second major challenge now is to create a vision for local
government as a whole and to establish the future for local government
as a sector, while allowing for the diversity and difference that
are at its core. Local government in New Zealand has joined with
central government (the Department of Internal Affairs) and SOLGM
(the Society of Local Government Managers) in an exercise (called
Strategy 2010) aimed at creating this future vision. Strategy
2010 is aimed at establishing a vision of where the local government
sector should be by the year 2010 and strategies to achieve this.
The expected benefits of such a vision should be to:
- Provide a framework for achieving better
local government over the next decade and beyond;
- Establish clarity between the roles
and relationships of central and local government;
- Develop alignment between long-term
strategies for central and local government;
- Provide a direction and timetable to
achieve a policy and legislative framework that will enable
local government to succeed consistently together with central
government in the governance of New Zealand communities;
- Provide a framework within which regional
councils and territorial authorities can do their own strategic
planning; and
- Provide greater certainty for the community
and its various components, for example, citizens, electors,
the business sector, Maori tribes and the rural sector.
To achieve this, a number of issues will need to be tabled. These
include:
- Clarification of the constitutional
position and roles of local government;
- Articulation of the governance issues
of local government generally and specifically in relation to
the management arm;
- Definition of the source of authority
and legitimacy that supports local governance;
- Development of an enabling legislative
framework for local government;
- Matching funding/rating mechanisms to
the legislative principles, considerations and matters that
relate to the funding of local authority expenditure needs;
- Continuing to develop good practice,
especially in the coordination of annual and long-term financial
planning and in asset management and maintenance; and
- Clarification of the role of local government
in relation to the Treaty of Waitangi.
The Way Ahead
A strong feature of local government in New Zealand is its independence
and autonomy from central government. Whilst local authorities
have certain roles and responsibilities under the Local Government
Act, they are primarily responsible to their electors. Local government
has gone through considerable changes over the last eight years.
These changes have come in two waves. The first wave occurred
in the late 1980's and sought to make local government more accountable
and more accessible to electors. Part of this process involved
a large number of local authorities being subsumed into larger
more effective units. These changes also resulted in the creation
of two complementary levels of local government to promote more
effective planning. The second wave came in 1996 with the aim
of ensuring that councils undertake rigorous long-term financial
planning. Legislative changes also sought to provide more explicit
economic and financial guidelines to councils in making funding
decisions and allocating costs to residents.
The greatest challenge for local government in New Zealand is
to successfully implement the new financial management legislation.
A further challenge will be to create a future vision for local
government as a whole, to achieve better local government, to
create a stronger partnership between central government and local
government and to provide greater certainty for local communities.
Further Reading
Hon Dr Michael Bassett, Minister of Local Government, Statement
on Reform of Local and Regional Government, Wellington, August
1988
Bush, Graham, Local Government and Politics in New Zealand,
Auckland University Press, Auckland 1995
Elwood, Sir Brian, Local Government Reform, Local Government
New Zealand Research Monograph Paper No. 4, September 1995
Dr Bob Chilton, A Place of Your Own; Dr Ngatata Love,
Local Government/Tangata Whenua Relationship; Rt Hon Sir
Geoffrey Palmer, Reflections Upon the Role of Local Government
in New Zealand, Local Government New Zealand, Keynote Speeches
1996 Annual Conference, Local Government New Zealand Research
Monograph, Paper No. 5, April 1997
McDermott, Philip; Forgie, Vickie; Howell and Robert (eds.),
An Agenda for Local Government, Massey University, Local
Government Studies Occasional Paper Series 2, Proceedings from
the New Local Government Conference, Auckland, November 1995
Howell, Robert; McDermott, Philip, Forgie and Vickie, The
Unfinished Reform in Local Government: The Legacy and the Prospect,
Massey University Local Government Studies Occasional Paper No.
3, 1996
Annex I
Statement on Local Government New Zealand
Local Government New Zealand is a voluntary organization of all
86 local government bodies in New Zealand. It exists to promote
the national interests of local government. It is founded in the
belief that local governments speak powerfully when they speak
together. It undertakes three core businesses:
- Promoting collective interests;
- Information sharing; and
- Development for members.
Its philosophy and work are based on six core principles, being:
- Independent local government complements
and balances central government in a healthy democracy;
- Difference and diversity in local government
are a value and a strength;
- Independence of funding is key to local
government autonomy and community choice;
- Caring for and developing communities
is a core value of local government;
- Local government commits to being fully
representative of its communities in order to best lead, govern
and manage; and
- Local government asserts the right to
influence its own destiny and in return accepts accountability
for effective and efficient governance.
Local government in New Zealand:
- Contributes 3.5 per cent of gross domestic
product;
- Has an annual operating expenditure
of $3 billion and an annual capital expenditure of $800 million;
- Contributes 40,000 jobs;
- Has term assets of $32.5 billion;
- Has $31.2 billion in ratepayer equity
(1:11 ratio debt to equity); and
- Has 1132 elected members (of whom 27
per cent are women).
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