The Local Government (Auckland Law Reform) Bill, the third of the "supercity" Bills, was introduced to Parliament on its second-last sitting day before the summer recess.

Here is a guide to writing a submission to the Auckland Governance Legislation Select Committee, which is considering the Bill. 

Submissions close 12 February 2010.

Download this page as a PDF (42.5kB)

Submission format

Minimum requirements for your submission to be considered:

1. State your name, address, phone number and email address
2. State that you wish to appear before the select committee to speak to your submission - you can always decline later.
3. Give an indication of who you are (e.g. landowner, business owner, community group member, etc). If you represent a group, outline its purpose and how many members it has.
4. Clearly state your opposition to the Bill.
5. Outline your key concerns about the Bill clearly and concisely using examples (see Overview and Clause by clause analysis below for key points to cover).

Once you have compiled your submission, you are ready to:

Upload it directly to the Select Committee via the online submission form

OR

Post two hard copies of your submission to:

The Select Committee Clerk
Auckland Governance Legislation Committee
Parliament Buildings
Wellington

If you have never made a submission to a Select Committee before, read this useful guide:

Making a submission to a Parliamentary Select Committee (PDF, 167kb)

If you want to contact us for more assistance, please email  trina [dot] randell [at] parliament [dot] govt [dot] nz,
or phone 09 302 0166.

 

Overview

The Bill undermines democratic control of local Government in Auckland by transferring power and decision-making in many areas to unelected Ministerial appointees.  It also paves the way for the privatisation of assets that will be transferred to the Auckland Council.

Measures contained in the Bill include:

• The Minister of Local Government, rather than democratically elected local politicians, will decide what Council Controlled Organisations to establish and appoint their initial directors.

• The new Council Controlled Organisation "Auckland Transport" will have between 6 and 8 voting directors, but only 2 of them can be elected members of the Auckland Council.  This transfers effective control of transport-related powers and functions from elected councillors to unelected Ministerial appointees.

• Elected councillors will be prohibited from being directors of all other Council Controlled Organisations, again transferring effective control of vast areas of Auckland's governance from elected councillors to unelected Ministerial appointees.

• Watercare Services Limited's water pricing will not be subject to Auckland Council policy or direction from mid-2015, and the Auckland Council will be permitted to privatise it from that date.

• The Auckland Council will be permitted to sell strategic assets from mid-2012, meaning that privatisation plans can be completed before voters get a chance to have a say on them at the 2013
  local elections.

• A tokenistic and toothless board will be appointed to advise the Auckland Council on issues of significance for mana whenua and Maori within Auckland.  The Auckland Council will have no obligation to follow its advice.

 

Clause by clause analysis

 

We suggest that you make submissions on these specific clauses:

 

Clause 24

 

This clause makes amendments to the Local Government (Tamaki Makaurau Reorganisation) Act 2009.  Specific amendments to note are:

 

• New section 35G - This section effectively permits the Minister of Local Government, rather than democratically elected local politicians, to decide what of the Auckland Council's functions are to be carried out by Council Controlled Organisations (CCOs), and to establish the CCOs.  This undermines local democracy.

 

• New section 35H - This provides for the Minister of Local Government to appoint the initial directors of all of the CCOs - again undermining local democracy.

 

• New section 35I - This section provides for the Minister of Local Government and Minister of Transport, rather than elected local politicians, to appoint initial directors of Auckland Transport, the CCO which will control transport-related powers and functions in Auckland.

 

There is a real danger that the majority of these political appointees will hand-picked by the Ministers to forward an anti-democratic, pro-business, privatisation agenda.

 

Suggested action: Oppose the new sections 35G, 35H and 35I proposed to be inserted into the Local Government (Tamaki Makaurau Reorganisation) Act 2009, and submit that the
directors of CCOs should be appointed by elected local politicians.   

 

Clause 45

 

This clause makes amendments to and inserts a number of new sections and Parts in the Local
Government (Auckland

Council)
Act 2009.  Specific amendments to note are:

 

• New section 45 - substitutes a new section 45 of the Local Government (Auckland Council) Act 2009 which provides that Auckland Transport CCO can have between 6 and 8 voting directors, but only 2 of them can be elected members of the Auckland Council.  This effectively abrogates control of transport-related powers and functions within the region from elected councillors to unelected appointees.

 

Suggested action: Submit in opposition to the new section 45 and in support of a majority of Auckland Transport board members being elected councillors.

 

• New Part 7 - establishes and functions of a board promoting issues of significance for mana
  whenua.  The Minister of Maori Affairs approves a selection body who then select the members of the board - an undemocratic appointment process for a local government body.  The board is purely advisory and has no real power.

 

Suggested action: Submit in opposition to the new Part 7 and in support of both elected and mana whenua appointed voting representatives on the Auckland Council.

 

• New section 76 - prohibits councillors from being directors of CCOs. This effectively removes any possibility of elected representatives exercising any democratic control over CCOs.

 

Suggested action: Submit in opposition to the new section 76 and in support of a majority of CCO board members being elected councillors.

 

• New section 83 - requires that the current ward boundaries, number of ward representatives, and local board boundaries must be maintained until after the 2013 election, irrespective of the wishes of the residents.

 

Suggested action: Submit in opposition to the new section 83.

 

Clause 49

 

This clause repeals the Local Government (Auckland) Amendment Act 2004, including section
28 of that Act, which currently imposes restrictions on any proposed sale by Auckland Regional Holdings of its shareholding in the Ports of Auckland.  This will facilitate the privatisation of Ports of Auckland.

 

Suggested action: Submit in opposition to clause 49 and in support of a savings provision to retain section 28 of the Local Government (Auckland) Amendment Act 2004.

 

Clause 59  

 

This clause will prohibit any reorganisation proposal for the Auckland Council being made to the Local Government Commission until after the 2013 election.  This will effectively prevent Franklin, Papakura and Northern Rodney, where there already moves underway to secede from the new Auckland Council, from doing so until 2015, even if the majority of residents in those areas wish to.  This clause denies residents the right to initiate a reorganisation proposal that residents of any other local authority have under the Local Government Act 2002.

 

Suggested action: Submit in opposition to clause 59.

 

Clause 60

 

This clause will require that the 2013 Auckland Council election be held under First Past the Post.  This denies the council and/or electors the democratic choice they would otherwise have under the Local Electoral Act 2001 to opt for Single Transferable Voting as an electoral system.

 

Suggested action: Submit in opposition to clause 60.

 

Clause 62

 

This clause provides a moratorium on the sale of strategic assets only until 1 July 2012. This means that privatisation plans can be proposed and completed by the Auckland Council before voters get a chance to have a say on them at the 2013 local elections.

 

Suggested action: Submit in opposition to clause 62.

 

Clause 67  

 

This clause provides that the information provisions of the Local Government Official Information and Meetings Act 1987 apply to Watercare Services Limited only until 30 June 2012.  This means that after that date the decision-making about water services and pricing will be able to be made in
secret.

 

Suggested action: Submit in opposition to clause 67.

 

Clause 71

 

This clause provides that Watercare Services Limited be not subject to Auckland Council policies or directions in setting prices for water after 30 June 2015, thereby removing water pricing from democratic oversight.

 

Suggested action: Submit in opposition to clause 71.

 

Clause 72

 

This clause provides that no member of the Auckland Council can be a director of Watercare Services Limited - effectively removing it from any semblance of democratic oversight.

 

Suggested action: Submit in opposition to clause 72.

 

Clause 73

 

This clause opens up the possibility of privatisation of Watercare Services Limited by the Auckland Council from 1 July 2015.

 

Suggested action: Submit in opposition to clause 73.

 

If you want to contact us for more assistance, please email  trina [dot] randell [at] parliament [dot] govt [dot] nz,
or phone 09 302 0166. 

Submission guide compiled by the offices of

David Clendon

Green Party Auckland Issues Spokesperson

 

Sue Kedgley

Green Party Local Government Spokesperson