The Local Government Act 2002 s82 and s83 sets out certain consultation principles and a procedure that local authorities must follow when making certain decisions. This procedure, the special consultative procedure, is regarded as a minimum consultation process.

Council has a Community Engagement Policy which defines how it will engage its community in its decision making processes.

Council can and does consult outside of the special consultative procedure. When it is adopting its Long Term Council Community Plan, Annual Plan or District Plan it will hold formal and informal meetings with community groups and other interested parties. At these meetings the Council will seek views on the matters which the Council considers to be important and identify issues of concern to the community.

The special consultative procedure consists of the following steps:

Step 1: Public notice

The Council must publish a notice in one or more daily newspapers, or in other newspapers of equivalent circulation, of the proposal and of the consultation being undertaken and invite submissions.

Step 2: Receive submissions

The Council must acknowledge all written submissions and offer submitters a reasonable opportunity to make an oral submission. The Council must allow at least one month (from the date of the notice) for submissions.

Step 3:  Hear submissions

Council must set aside sufficient time to hear all those submitters who wish to speak to Council on their submission. The hearings must be open to the public. 

Step 4:  Deliberate in public

These meetings where the Council deliberates on the proposal must be open to the public (unless there is some reason to exclude the public under the LGOIMA).

All submissions must be made available to the public unless there is reason to withhold them under LGOIMA. 

Step 5:  Follow up

A copy of the decision and a summary of the reasons must be provided to submitters. There is no prescribed format for such a summary.

Step 6:  Preparation of a Statement of Proposal and a Summary of Information

The Council must prepare a description of the proposed decision or course of action. The statement must be available for distribution throughout the community and must be available for inspection at the Council office and may be made available elsewhere. The Council also has to prepare a full and fair summary of the proposal which must be distributed as widely as the Council considers to be reasonably practicable. That statement must be included on an agenda for a Council meeting.

By law, the Council must follow the special consultative procedure before it:

• adopts a Long Term Council Community Plan (LTCCP) or Annual Plan
• amends an LTCCP
• adopts, revokes, reviews or amends a bylaw
• changes the mode of delivery for a significant activity (for example from the Council to a Council Controlled Organisation or from a Council Controlled Organisation to a private sector organisation) if that is not provided for in an LTCCP.

The Council may be required to use the special consultative procedure under other legislation, and it may use this procedure in other circumstances if it wishes to do so.

Council’s Significance Policy also requires it to consult if the matter is deemed to be significant as per the policy or Council decides that it should be treated as significant. All reports to Council raise the issue of significance and gives Council the opportunity to decide on it.