What regard must be given to the decision-making and consultation principles under the LGA when following specified processes in the RMA?
The decision making and consultation principles (sections 76-82) of the LGA are designed to apply only where no requirements are specified in other relevant local government legislation. For example, a decision about notifying a resource consent application would be made under the processes of the Resource Management Act, not under the LGA. A general principle of law is that specific provisions contained in one Act override the general provisions contained in another Act. The RMA contains specific requirements pertaining to resource consents and decision making, whereas the LGA has general consultative principles that must be applied when consulting with the local community. As there are no specific processes for carrying out consultation under the RMA about how the community should be consulted when preparing a policy statement or plan, LAs will be required to apply the consultative provisions contained in the LGA.
Related Questions
- What regard must be given to the decision-making and consultation principles under the LGA when following specified processes in the RMA?
- Isn the mother always given preference with regard to decision-making and time-sharing with the children?
- What are the differences between the decision making processes in the RMA and the LGA?
