Meeting papers

COUNCIL POLICY –LOCAL LAW MAKING PROCESS


How this procedure is to be used

The process identified in this document is to be used whenever the council decides to make a new
local law (including a local law that amends an existing local law) unless the procedure is amended
or replaced by a future council resolution.

Council can at any time make a resolution pursuant to section 29(1) of the Local Government Act
2009 and decide on a different process for making a local law, provided the process complies with
Chapter 1, Part 3 of the Act.

Part A - Introduction

For the purposes of section 29(1) of the Local Government Act 2009, the local government’s
process for making each local law of the local government is the process detailed below.
The process—
(a) applies to the making of—
      (i)   each local law that incorporates a model local law; and
      (ii) each local law that is a subordinate local law; and
      (iii) each other local law; but
(b) does not apply to a local law that is an interim local law.

Part B - Making a local law that incorporates a model local law

The process (model local law making process) stated in this Part B must be used to make a local
law that incorporates a model local law into the local laws of the local government.

Step 1 —      By resolution, propose to incorporate the model local law.
Step 2 —      If the model local law contains an anti-competitive provision, comply with the
              procedures prescribed under a regulation for the review of anti-competitive
              provisions.
Step 3        If there is an existing local law about a matter in the model local law that would be
              inconsistent with the matter in the model local law—amend or repeal the existing
              local law so that there is no inconsistency.
Step 4 —      By resolution, incorporate the model local law.
Step 5 —      Let the public know that the local law has been made, by publishing notice of the
              making of the local law in accordance with the requirements of section 29B(1) to (4)
              inclusive of the Local Government Act 2009.
Step 6 —      As soon as practicable after the notice is published in the gazette, ensure that a
              copy of the local law may be inspected and purchased at the local government’s
              public office.
Step 7 —      Within 14 days after the notice is published in the gazette, give the Minister—
              (a)  a copy of the notice; and
              (b)  a copy of the local law in electronic form; and
              (c)  if the local law contains 1 or more anti-competitive provisions—
                   (i)     advice of each anti-competitive provision; and
                   (ii) the reasons for their inclusion.
Step 8 —      Update the local government’s register of its local laws.




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