Local Democracy and the Consideration of Community Views: Obligation and Observance

WE THE PEOPLE(S): PARTICIPATION IN GOVERNANCE, p. 284, Claire Charters, Dean R. Knight, eds., Victoria University Press, Wellington, 2011

Victoria University of Wellington Legal Research Paper No. 21/2012

39 Pages Posted: 11 Mar 2012 Last revised: 5 Apr 2015

See all articles by Dean R. Knight

Dean R. Knight

Victoria University of Wellington - Faculty of Law

Date Written: October 6, 2011

Abstract

This chapter addresses the framework for participation in local democracy in New Zealand. In particular, the chapter looks closely at reforms of local government legislation that sought to capture and mandate the participation of citizens in local decision-making, including the adoption of a provision that requires local authorities to take account of community views whenever they make any decision. The chapter also looks at the role of the judiciary in supervising compliance with the novel legislative regime. Concerns are raised about juridification, with the courts strictly enforcing the obligation to take into account community views. This chapter questions whether this was the legislative intent and points to signals in the legislation that a degree of political judgement and some latitude are required when assessing when and how community views will be factored into decisionmaking.

Keywords: local democracy, administrative law, decision-making

JEL Classification: K10

Suggested Citation

Knight, Dean R., Local Democracy and the Consideration of Community Views: Obligation and Observance (October 6, 2011). WE THE PEOPLE(S): PARTICIPATION IN GOVERNANCE, p. 284, Claire Charters, Dean R. Knight, eds., Victoria University Press, Wellington, 2011, Victoria University of Wellington Legal Research Paper No. 21/2012, Available at SSRN: https://ssrn.com/abstract=2019952

Dean R. Knight (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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