The Local Government Act 2002 sets out principles and obligations for local authorities to use in decision-making and consultation. Decision-making and consultation are important activities by which local government fulfils its purpose of enabling democratic decision-making and promoting the general well-being of current and future generations. The Local Government Act 2002 has also reinforced the public’s expectation of greater levels of participation in decision-making and consultation.

So far, the courts have had few opportunities to provide judicial guidance about how to interpret these principles. However, good practice is evolving.

Through my work with the local government sector, I have become aware of local authority and public concerns about some aspects of decision-making and consultation. I felt it was timely to update our previous guidance report Public Consultation and Decision-making in Local Government published in 1998.

This updated guide is the combined view of my Office and a working party within the sector that I convened to advise the Office. We discuss the principles-based approach in the Local Government Act 2002. I expect this guide to assist local authorities in their consideration of the principles in the Act as they carry out decision-making and consultation. The guide also provides examples of local authority practice in areas that the working party and I identified as challenges to implement. It does not attempt to define legislative compliance - rather, it is a combined view and discussion on principles and current practice.

I thank the members of the working party who contributed considerable time to the project and those who provided comments on the various drafts of this report.

K B Brady
Controller and Auditor-General

12 September 2007