Boundary Reform Main heading Overview and Issues 4 September 2019 - - PowerPoint PPT Presentation

Main heading

Overview and Issues 4 September 2019

Boundary Reform

heading

Key Elements of the Framework

• Boundary reform proposals:
• initiated by the Minister for Local Government
• single council
• as well as either House of Parliament or members
• f the public;
• Streamlined process for administrative (or minor)

proposals;

• Local Government Grants Commission established

as Boundary Commission;

• General proposals require independent

investigation.

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The Commission

The Local Government Boundaries Commission

• Independent body that receives and assesses

proposals for boundary reform;

• Determines whether to refuse to inquire into a

proposal

• Appoints investigators to inquire into general

proposals

• Issues Guidelines
• Following inquiry, provides recommendations to the

Minister for Local Government, who makes the final decision on whether or not the proposal will go through

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Types of Proposals

Administrative proposals (minor). Alter a boundary that is shared by 2 or more councils / common boundary / correct an anomaly / vacant land / facilitate development. General proposals (major or more significant) – anything that is not an administrative

• proposal. Can include significant boundary change or amalgamation.

Costs: Commission can recover reasonable costs incurred from council initiating

• proposal. Costs depend on a range of factors and the Commission will consult with

council/s on expected costs

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Process – Administrative Proposals

• 1. Proposal submitted to the Boundaries Commission
• 2. Commission determines if it has merit may refuse it if the proposal

is:

• Vexatious, frivolous or trivial; or
• Not in the public interest; or
• A similar proposal has already been inquired into; or
• There is some other good reason for refusal
• 3. Inquiry conducted by the Commission
• 4. Commission should conduct a reasonable amount of public

consultation, but may not consult if unnecessary to do so – e.g. a very minor proposal that affects a small number of ratepayers

• 5. Commission will consult with the Minister
• 6. Commission has investigation powers and may require provision
• f further information/documents summons people, or call for

and receive submissions and representations

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Process – General Proposals

• 1. Submitted in two stages:
• Stage 1 - Initial submission made to the Commission and the

Commission provides feedback on whether the general proposal can be formally submitted, or if further work or information is needed. Feedback provided by the Commission does not guarantee that the proposal will be accepted.

• Stage 2 – formal submission to the Commission
• 2. Commission will assess whether to refuse to inquire into proposal – same

considerations as an administrative proposal

• 3. Commission appoints 1 or more investigators
• 4. If referred by Council then Commission may appoint 1 or more

investigators, with relevant expertise to conduct the inquiry. Councils will be consulted on appointment of investigators. If referred by the Minister

• r House of Parliament then investigator/s must be appointed.
• 5. Party initiating consultation to undertake community consultation

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At the Conclusion of an Inquiry

• Commission publishes the proposal and recommendations online
• Provides recommendations to the Minister
• The Minister determines whether the proposal should proceed or not.

If determined to proceed, forwarded to the Governor with a recommendation that a proclamation be made

• Public Notice of Minister’s determination and relevant bodies

notified

• Additional steps for general proposals:
• Once Minister receives recommendations, he can ask for

amendments.

• If the proposal is initiated by Council/s and the recommendation

is that the proposal not proceed, then the Minister can consult with the council/s

• If the Minister determines that the proposal not proceed, then

the Minister’s report is laid before both Houses of Parliament

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Process – Maps

Some Maps as a discussion point

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The following slides are presented for further information only – they will not be explored at the workshop in detail and are reflected in the Boundary Adjustment Paper.

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Considerations – Section 26 of the Act

The objects of the Act; Roles, functions and objectives of councils under the Act; Following principles:

• Resources available to local communities should be used as economically as possible while recognising the desirability
• f avoiding significant divisions within the community;
• Proposed changes should, wherever practicable, benefit ratepayers;
• A council should have a sufficient resource base to fulfil its functions fairly, effectively and efficiently;
• A council should offer its community a reasonable range of services delivered on an efficient, flexible, equitable and

responsive basis;

• A council should facilitate effective planning and development within an area, and be constituted with respect to an

area that can be promoted on a coherent basis;

• A council should be in a position to facilitate sustainable development, the protection of the environment and the

integration of land use schemes;

• A council should reflect communities of interest of an economic, recreational, social, regional or other kind, and be

consistent with community structures, values, expectations and aspirations;

• A council area should incorporate or promote an accessible centre (or centres) for local administration and services;
• The importance within the scheme of local government to ensure that local communities within large council areas

can participate effectively in decisions about local matters;

• Residents should receive adequate and fair representation within the local government system, while over-

representation in comparison with councils of a similar size and type should be avoided ( at least in the longer term);

• A scheme that provides for the performance of functions and delivery of services in relation to 2 or more councils (for

example, a scheme for regional governance) may improve councils’ capacity to deliver services on a regional basis and therefore offer a viable and appropriate alternative to structural change; and

• The extent and frequency of previous changes affective the council or councils under Chapter 3 of the Act or the

repealed Act. The Commission should, so far as is relevant, give preference to structural changes that enhance the capacity of local government to play a significant role in the future of an area or region from a strategic perspective.

Process – General Proposals Process – General Proposals

heading Further Considerations – General Proposals

• The financial and resource impact likely to have on council/s affected by the

proposal;

• The extent of support for the proposal (in particular) and boundary reform (in a

general sense) within the community;

• The extent of support for the proposal from council/s affected by the proposal;
• The impact on the rights and interests of any council employees affected by the

proposal;

• Any other principles prescribed by the regulations.

The Commission/investigator may also consider:

• Division of assets and liabilities;
• The impact of any significant contracts;
• Access to council services and communication with the community;
• Significant differences in rating policies of councils involved and impacts of the

ratepayers and how these impacts will be addressed in the short and long term;

• Potential conflicts in existing land use if proposal implemented;
• Significant differences in fees and charges of councils involved;
• Material impact of legal orders and proceedings;
• Significant differences in service levels of councils involved; and
• Implications for council employees, including transfer of staff and conditions of

employment.