CityWatch NZ contributor and adult educator Don Hewison (ScEdD, ChEdD) is making available his latest version of Investigating New Zealand’s Local Government Act 2002 – A Layperson’s Guide’.
The documents is intended as a starting point for existing councillors, aspiring candidates, council staff, and concerned people to explore the basis of local government in contemporary New Zealand.
The document’s summary is copied below and download the full document (as PDF) using this link:
“Summary
Looking at the Local Government Act 2002 (LGA 2002) for the first time can be a daunting task. Yet it doesn’t have to be. In fact, getting to know the basic structure of local government and the principles involved in meeting the purpose of local government can be an exciting learning experience. There is however one major obstacle to learning, the need to have an open mind and accept that you will probably have to allow your worldview to change, and in turn, that will change your focus. It’s not about ‘what I want’, but about what I can do for others.
Section 3 of the LGA 2002 clearly illustrates this point. A simplified version of section 3 of the LGA 2002 (Purpose of the Act) is:
3 Purpose is to provide for democratic and effective local government
3(a) States the purpose of local government.
3(b) Provides the framework for local government.
3(c) Promotes accountability of local government to communities (i.e., local government exists for communities, and not the other way around).
3(d) Promotion of well-being of communities. (This focus on people and their well-being should be the focus for all things of local government.)
The writer of this report is experienced in adult education, and is not a lawyer, accountant, or social scientist. The methodology, outcome of the investigation, literature review, discussion, and findings are presented from the viewpoint of encouraging people to think, listen to and discuss issues with others. The focus should be on how we can work together to rebuild the democracy we ought to have.
The study leading to the production of the Layperson’s Guide only covers those parts and sections of the Local Government Act considered to be necessary to help someone gain an understanding of the structure of local government, and the methodology of interpretation. Once an introduction to the understanding and interpreting of legislation is developed, then it should be possible to continue deeper into the Local Government Act 2002, and other legislation.
As this report is read, the reader is encouraged to step away from a formal legalistic approach and consider a section in the LGA 2002, namely Schedule 7, 33 Appointment of chief executive. Combining the section and subsection (b) together we have:
The local authority must, in making an appointment under section 42, have regard to the need to appoint a person who will imbue the employees of the local authority with a spirit of service to the community.
The word imbue has meanings of “to fill something or someone with a particular feeling, quality, or idea” , and “If someone or something is imbued with an idea, feeling, or quality, they become filled with it.”
Try then to learn the legal process of interpretating legislation with a focus on service to others. It must be a focus that government would have had when writing the legislation, otherwise why is it so clearly stated in the Local Government Act 2002.”
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