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Strengthening democratic practice in New Zealand’s local government:
new directions for the 21st century
draft only, not for quoting
Christine Cheyne
Paper presented at the conference
Area-based initiatives in contemporary urban policy,
Danish Building and Urban Research Association
Copenhagen, 17-19 May 2001
School of Sociology, Social Policy
and Social Work
Massey University
Private Bag 11-222
Palmerston North
NEW ZEALAND
Telephone +64 6 350 5799 ext 2816
Fax +64 6 350-5681
E-mail: C.M.Cheyne@massey.ac.nz
Introduction
In November 1999, as a result of the general election in New Zealand, a
new centre-left coalition government was formed between the Labour Party
and another social democratic party, the Alliance. This represented a
significant change of political direction across most areas of public
policy, after nine years of conservative National-led governments. In
contrast with the general weakening of local government in the 1990s, the
Labour-Alliance Coalition has emphasised the importance of local
government as a partner of central government and has sought to introduce
various new elements of democratic practice in local government. The
Labour-Alliance Coalition government has initiated a major review of the
Local Government Act and reviews of a number of related statutes. At this
stage the outcomes of the review are not known. However, some indication
of possible outcomes is clear from both parties’ election manifesto
policies for local government. In addition, in November 2000, a Statement
of Policy Direction for Review of the Local Government Act 1974 was
published. In that document the Government suggests that a new
articulation of the over-riding purpose of local government could be along
the lines of the following:
to enable local decision-making by and on behalf of citizens in their
local communities to promote their social, economic and environmental
wellbeing in the present and for the future (Department of Internal
Affairs, 2000, 6), it relates to the role of strategic planning and a
strategic plan. Strategic planning is a tool that is used to assist an
organisation or community think about the future and how it is going to
respond, grow and develop, co-ordinate with others and finally act. It
also needs to be a flexible process enabling it to respond to changes in
its operating environment.Strategic planning takes time and should be
reasonably fluid rather than set in stone. Sometimes it is used as a tool
to solve issues that haThe focus in this section is the legislation passed
in 1989 which put in place new opportunities for public participation in
the annual planning cycle. The discussion then turns to the new
initiatives of the Labour-Alliance Coalition Government both of which
reflect that Government’s emphasis on strengthening public participation
in local authority decision-making. The paper concludes with some
reflections on possible outcomes of the review process. The various
possible outcomes are based on developments in other jurisdictions and
also on approaches in other areas of public policy where there has been an
emphasis on public participation.
Public participation in local authority decision-making in New Zealand
in the 1990s: legislation and practice
As a result of the local government reforms in 1989 new mechanisms for
public participation were introduced, partly to offset concerns about the
effectiveness of representation with the much larger units of local
government and partly to ensure greater accountability by local
authorities to citizens. The new mechanisms included a statutory annual
planning process and statutory special consultative procedure.
The annual planning cycle provided citizens with (1) the right to have
information about their local authority’s planned programmes, activities
and expenditure, and (2) the right to make submissions conveying their
views about those proposed activities and spending. Section 716A of the
Local Government Act stipulates that local authorities must use the
Special Consultative Procedure to obtain submissions from citizens on
"any proposal (being an intention to act or a draft plan or
policy)".
The local government annual planning and reporting cycle was largely
modelled on that introduced into central government in 1988-89. However,
unique to local government was the accompanying requirement that local
authorities implement a statutory consultative procedure (set out in s716A
of the Local Government Act 1974) when developing their annual plan. This
means that they are required to publish a draft annual plan and to invite
submissions from citizens. Councils are required to deliberate publicly on
submissions and then to produce a new form of the annual plan, which must
be adopted within three months of the commencement of the financial year
(1 July).
Several years after the 1989 statutory amendments, further legislation
in 1996 introduced stringent new financial management provisions, which
included further opportunities for public participation. The Local
Government Amendment Act (No. 3) 1996 requires local authorities to adopt
a long-term financial strategy (covering a period of ten or more financial
years), a funding policy for each financial year, a borrowing policy, and
an investment policy. Each of these is to be prepared in accordance with
the Special Consultative Procedure. At the same time as specifying the use
of the Special Consultative Procedure, however, the Local Government
Amendment Act (No. 3) 1996 prescribed a complex set of principles which
needed to be incorporated into local authority financial decision-making
(in particular, the funding policy as set out in section 122N). Experience
to date, and assessment of this legislative provision, suggests that
public participation in the form of submissions on local authority
funding, borrowing and investment is minimal. Relatively few submissions
are received on a local authority’s long-term financial strategy, or
funding, borrowing and investment policies. Anecdotal evidence suggests
that elected members find it difficult to understand and apply the set of
principles that are required to be applied in financial decision-making.
The results of the annual planning process are mixed. Some local
authorities with large populations receive a very small number of
submissions on their draft annual plans. Regional council draft annual
plans generally elicit a very small number of submissions. Whether they
receive a large number of submissions or a small number, local authorities
invariably struggle to know how to interpret the response, particularly
the unevenness in the size and ‘quality’ of submissions (Cheyne,
2000).
While Section 716A was intended to be a key mechanism for achieving the
goal of public participation, in practice it provides for a very limited
form of public participation, namely, making submissions. This is not
particularly, if at all, interactive and, for many submission-makers, this
form of participation does not produce a high level of satisfaction. It is
widely recognised, in textbooks on consultation and participation, that
there is a range of techniques that might be employed when engaging
citizens. Similarly, it is also recognised that good practice also
involves well-designed public participation so that public participation
processes embarked upon in the public sector are characterised by a clear
purpose, appropriate resources (including an adequate budget, skilled
staff, and appropriate timeframe), and a commitment to evaluation. There
is little guidance, let alone training, for officers or elected members in
New Zealand local government about effective public participation.
An assessment of the experience of public participation in local
authority in the 1990s
An official survey in 1995 acknowledged that the statutory requirements
for consultation with the annual planning process, as set out in the
reformed Local Government Act, constitute a minimalist approach to
consultation (Department of Internal Affairs, 1995).
Citizens, elected representatives and managers are unclear about the
appropriate scope and forms of public involvement. What kind of public
involvement, the rationale, when and how much, are questions which
generate much confusion.
In addition, legal challenges in response to statutory consultation
resulted in reviews by the courts of the practices of public bodies and
the articulation of the rights and responsibilities of consultors and
consultees. It has been observed that a statutory ‘duty to consult’
(which is the requirement imposed on some decision-making bodies) is
somewhat stronger than the level of Council initiative expected in
relation to the statutory Special Consultative Procedure in section 716A
of the Local Government Act (and found also in some other statutes)
(Auckland City Council v Auckland Electric Power Board, High Court,
Auckland CP 26/93, 16 August 1993, Williams J). In particular, the courts
had noted that there is no right to consultation or statutory duty to
consult in the Local Government Act. The term ‘consultation’ is not
used in the 1989 statutory amendments (Salter, 1994; Cheyne, 1999).
By the end of the 1990s it was clear that there were significant
shortcomings in the Special Consultative Procedure and, while there was
nothing to prevent local authorities from engaging citizens in more
innovative ways other than lack of knowledge of these, in practice, there
was little innovation.
While the law can be regarded as a statutory minimum it has not
encouraged or facilitated local authorities to design public participation
opportunities which go beyond that minimum. In this sense, the goal of the
architects of local government reform for enhanced public participation
has not been achieved through the annual planning process and statutory
consultative procedure.
Moreover, where there had been innovation in the early 1990s in an
initial burst of enthusiasm for public participation, by the end of the
decade there was much less enthusiasm for public participation.
Diminishing enthusiasm on the part of many officers and elected members
coincided, however, with evolving aspirations of citizens for more
effective involvement. In addition, there were valid questions being asked
about the cost-effectiveness of the Special Consultative Procedure and the
return on the investment of time, money and other resources by elected
members, officers and citizens. Already, the costs of consultation under
the Resource Management Act were a cause for concern.
Despite the apparent weaknesses of the existing statutory framework, it
is without doubt that the 1989 amendments encouraged an environment of
responsiveness (Cheyne, 1997; Controller and Auditor-General, 1998).
Citizens’ familiarity with the planning cycle, the availability of
information and transparency of decision-making, and the increased
awareness by citizens of the diversity of activities of local government
are recognised as positive outcomes of the 1989 amendments. Citizens’
aspirations for involvement have increased. There are also some tensions
which arise from public participation in the annual planning process,
including:
– doubts about representativeness of participants
– concerns about ‘apathy’, fatigue and cynicism
– time (and other concerns about unmanageability)
– costs and other resource constraints (especially for sensitive
issues)
– concern that public involvement can exacerbate tensions between
different sections of the community
– divergent expectations (between officers and citizens)
While there is rhetorical support from local authority staff and
elected members for the idea of public involvement, nevertheless many
officers and elected members have reservations about the extent to which
public involvement can and should be an integral feature of local
authority decision-making (as opposed to being an optional extra or ‘add-on’
to the decision-making process).
In December 1998, nine years after the new procedures for consultation
were introduced into local government, the Controller and Auditor-General
reported on this aspect of local government performance, recommending that
every local authority should:
– have appropriate policies and procedures in place to ensure compliance
with any specific legislative requirements, or any general duty to
consult, when designing and carrying out a public consultation exercise
– use the SCP in s716A as a framework for public consultation where
an issue is controversial and likely to attract public interest
– view public consultation as more than simply notifying the public
and receiving written submissions
– ensure that the public and the council are clear about how the
consultation will influence making the final decision
– develop a consultation process that
– is compelling
– allows sufficient time
– is clear
– identifies all those with an interest
– provides good feedback
– recognise that public consultation is good management practice and
a pragmatic way to assist with informed decision-making
– ensure that sufficient appropriate skills and resources are
available to develop and carry out public consultation exercises
The Controller and Auditor-General’s report provided the first
official analysis of the trends in local authority consultation. However,
it did not go as far it might in providing the kind of guidance that had
recently been made available to local authorities in the United Kingdom
(see Department of Environment, Transport and the Regions, 1998).
Some guidelines about the appropriateness of different public
participation techniques were developed for local authorities by academic
researchers (Forgie, Cheyne and McDermott, 1999). These guidelines formed
the annex to a study of the democratic health of local government in New
Zealand. The work by Forgie et al. had been commenced prior to
publication of the first official ‘guidance’ for published in the form
of the report by the Controller and Auditor-General (1998). While the
Controller and Auditor-General’s report offered guidance, it did not
provide specific details about specific techniques and their appropriate
application.
While minimal guidance was provided to local authorities on how to
incorporate public participation in the annual planning process, somewhat
greater attention had been given to the issue how to foster effective
public participation in resource management decision-making (see, for
example, Parliamentary Commission for the Environment, 1995; Ministry for
the Environment, 1999). In addition, there have been some publications
which address the issue of consultation with tangata whenua (the
indigenous people), and tangata whenua participation in resource
management, which are required by the Resource Management Act 1991. What
was becoming increasingly clear was that there is a lack of integration
between consultation and public participation under the Local Government
Act with that under the Resource Management Act 1991. To a large extent
this is a reflection of the fact that the two different statutes were
reviewed under separate processes in the late 1990s and within different
timeframes. However, the inconsistency in the two approaches to public
participation can also be explained by the change of government that took
place in 1990 when the resource management law reform was still
unfinished. Strong arguments have been made in case law in relation to
resource management decision-making, and through other processes, for the
principles of the Treaty (such as partnership and participation) to be
applied in that area of decision-making. However, the same arguments have
not been applied to legislation governing other areas of local authority
decision-making (specifically the Local Government Act).
By contrast, as noted above, in the United Kingdom, the Department of
Environment, Transport and the Regions in 1998 published a document titled
Guidance on Enhancing Public Participation in Local Government.
More recently, in anticipation of the passage of the Local Government Bill
2000, and the mandatory preparation of Community Strategies by local
authorities, the Local Government Association and the Department of
Environment, Transport and the Regions published guidance on public
participation in the development of a Community Strategy. No such guidance
was produced for local authorities in New Zealand.
Environmental sustainability and public participation
While New Zealand's local - and central - government reforms were
driven by local political imperatives New Zealand is also party to many of
the same international multi-lateral environmental agreements and
protocols which have stimulated democratisation initiatives in local
government elsewhere in the world. Foremost among these are the 1992 Rio
Declaration, which underscores the need for citizen participation and
which has been translated into the goals and methods of Agenda 21. In
addition to Agenda 21, there are other multi-lateral environmental
agreements such as the December 1997 Kyoto Protocol to the United Nations
Framework Convention on Climate Change. These international developments
have underscored the importance of new participatory mechanisms and
processes. As a result, in New Zealand (as elsewhere), innovative
approaches to engaging citizens in resource management decision-making
have emerged in many place in order to arrive at solutions to complex and
pressing environmental problems and unsustainable resource use. The
experience in this area of public policy (resource management) has
underscored the value of public participation as a strategy for generating
community ownership of new policy directions and for finding solutions to
"wicked" or complex issues.
Urban sustainability is a key environmental goal for New Zealand
despite its relatively small size and its seemingly rural character.
However, sustainable urban development requires the interaction of several
domains of public policy (and not just biophysical resource management
policy) and as such will need to incorporate public participation.
Democratic legitimacy and public participation
In addition to the requirements of sustainable development, there is
awareness of the need for elected local government to find new ways of
securing legitimacy in the 21st century. While New Zealand’s voter
turnout rates are sometimes viewed with admiration by some other local
government jurisdictions, it is important to note that voter turnout in
local government elections in considerably lower than that for central
government elections. The following table shows the different turnout
rates.
Table 1: Voter Turnout in Local and National Elections
| |
Local Election % |
National Elections % |
|
1962-63 |
44 |
90 |
|
1965-66 |
44 |
86 |
|
1968-69 |
46 |
89 |
|
1971-72 |
50 |
89 |
|
1974-75 |
50 |
83 |
|
1977-78 |
48 |
69 |
|
1980-81 |
47 |
91 |
|
1983-84 |
46 |
94 |
|
1986-87 |
55 |
89 |
|
1989-90 |
58 |
85 |
|
1992-93 |
52 |
85 |
|
1995-96 |
51 |
88.28 |
|
1998-99 |
54 |
(84.77) |
Source: Forgie et al., 1999; Electoral Commission, 2000)
This relatively low turnout has focused attention on alternative
approaches to decision-making and strategies for enhancing the legitimacy
of democratic governance and fostering public accountability.
Specifically, during the 1990s there had been a growing interest in new
and more meaningful forms of citizen involvement. More interactive and
deliberative forms of public involvement (such as citizens’ juries,
focus groups, and deliberative opinion polling) have increasingly been
advocated as an indispensable element in securing legitimacy for the
system of representative democracy in the 21st century (Cheyne, 1999;
Bostwick, 1999, MacLennan, 2000).
Coalition Government – new policies for strengthening local
government
This growing recognition of the need for alternative forms of public
involvement to the conventional ‘consultation’ (which, as observed
earlier, is often little more than an invitation to make submissions on a
proposal) was reflected in the 1999 election manifesto policy of the New
Zealand Labour Party.
Labour's 1999 local government policy included a commitment to local
government law reform. The goal of law reform included the following:
– to enact a power of general competence for local authorities;
– to ensure that local government's financial practices are
transparent and accountable; and
– to empower and encourage local government where, after consultation
with its communities, it decides to take an active, co-ordinating,
advocacy and/or supportive role in areas such as employment generation,
local economic development, community safety and security, and sustainable
environmental development.
There was a commitment to fostering local democracy and public
involvement and a recognition that "some local authorities are not
sufficiently 'user-friendly' in their consultation processes" (New
Zealand Labour Party, 1999). It was suggested by Labour that this arises
in part from the way in which the form of plans, documents and notices is
prescribed by statute. The Labour Party notes:
Active participation by citizens is only achieved when other, more
popular ways of communicating are used. Encouraging adoption of best
practice is as important as changes to the law (New Zealand Labour
Party, 1999: 5).
As a result, its policy is to:
– review the consultation processes under the Local Government Act and
the Resource Management Act to ensure that effective participation is
encouraged
– develop a strategy for fostering citizen participation, including:
– Guidelines for local authorities to enhance public participation,
including establishing what kind of public involvement citizens should
have, in what circumstances and to what extent
– Encouraging Local Government New Zealand to facilitate the adoption
of best practice for consultation techniques and participation processes
for a wide range of situations or issues.
– Working with communities to develop models for devolving local
decisions to local communities.
– Exploration of innovative techniques for increasing public
involvement in community decisions. These techniques may include advisory
boards, citizens’ juries, panels and commissions, focus groups,
interactive websites, and deliberative opinion polling and decision-making
(involving intensive, face-to-face debate).
– introduce a process of awards to recognise local authorities for
high quality annual plans and consultative processes.
Clearly there is a commitment to more than just consultation and
certain to more than the statutory Special Consultative Procedure. There
is an emphasis on more interactive and more deliberative processes.
Indeed, it is recognised that these are required to achieve the social,
economic and environmental outcomes that are desired:
Building strong communities requires both active local democracy and
leadership. This is not just a matter of local government and their
communities having a say in the policies of government. Rather, it is
about local communities mobilising to resolve issues they are concerned
about (New Zealand Labour Party, 1999: 6).
Possible outcomes of the current statutory review
Innovation and experimentation by local government are likely to be
encouraged by a new statutory approach that favours a principles-based
approach over prescription. However, this raises questions about the
capacity of elected local government, the resources available for
citizens, and informed understandings and appropriate skills for officers
and managers. The need for clear guidance in the wake of new statutory
provisions – whether these follow a principles-based approach or the
prescriptive approach – is indisputable.
Other statutory approaches – UK and Australia
As well as looking at other statutory approaches found in New Zealand
it is also relevant to consider contemporary public policy in other
countries. Both Australia and the United Kingdom provide important
insights into how to design legislation that requires local government to
promote public participation and to seek a mandate from ‘the community’
for its activities.
In England and Wales the Local Government Act 2000 placed a duty on
local authorities to prepare ‘community strategies’, for promoting or
improving the economic, social and environmental well-being of their
areas, and contributing to the achievement of sustainable development in
the UK.
In the guidance papers to the new Act the Department of the
Environment, Transport and the Regions stated that a community strategy
will have to meet four objectives. It must:
Community strategies are to reflect local circumstances and needs.
However, the following guiding principles are to underpin all community
strategies. They will:
– engage and involve local communities;
– involve active participation of councillors within and outside the
executive;
– be prepared and implemented by a broad ‘local strategic
partnership’ through which the local authority can work with other local
bodies;
– be based on a proper assessment of needs and the availability of
resources.
The guidelines state that only by promoting and improving the economic,
social and environmental well-being of their communities will community
strategies contribute to the achievement of sustainable development in the
United Kingdom. It is clearly expected that a community strategy will
cover all three in an integrated way. Additionally, in developing their
strategies, local authorities and their partners should have regard to the
Government’s sustainable development strategy - which provides a
national framework for integrating economic, social and environmental
concerns - and work on regional sustainable development frameworks. They
should also take account of the ways in which national and global concerns
- such as the mitigation of climate change and the protection of
biodiversity - can be addressed through local action.
Devising and implementing the community strategies is to be done
through partnerships. It is hoped that the partnerships will provide a
means of joining up services and tackling cross-cutting issues in a
coherent and integrated way. There is further guidance available about the
establishment and modus operandi of such partnerships.
At the same time it is recognised that some local authorities will
already have established partnerships and relevant processes for citizen
engagement. In particular, it is acknowledged that those local authorities
that have developed Local Agenda 21 strategies in line with the Government’s
guidance should have gone a long way towards developing effective
partnership working, a long-term vision for the area and the necessary
implementation mechanisms.
In recognition of the different stages that councils have reached, and
the challenging goal that fully-developed community strategies represents,
the guidance does not prescribe a date for their completion. The
Government does, however, expect councils and their partners to assess
their progress against the requirements set out in the guidance, and to
set realistic and publicly-agreed targets for putting in place their first
community strategies.
All of this amounts to what might, in reality, be a highly prescriptive
approach. In recent statutory reform processes in New Zealand, on the
other hand, there has been a strong preference for a more ‘principles-based’
approach, rather than a prescriptive approach. In particular, a concern in
the review of the current Local Government Act is to produce a more
streamlined statute rather than the current one, which has nearly 800
clauses and many schedules. The provisions of the current Act are viewed
by the reformers (as well as by many practitioners in local government,
and by citizens) as inflexible, confusing and cumbersome. There has also
been a resistance by central government to issuing policy guidance in part
because to do so might interfere with the principles of an independent
local government sector. At this point, constitutional and other
differences between different local government jurisdictions begin to
undermine the transferability of some policy approaches. In New Zealand,
the fiscal independence of the local government sector is high. There is
very little ‘revenue-sharing’ whereby local government receives
funding from central government. As a result, it is difficult (and,
arguably, pointless) for central government to impose any guidance because
it has no fiscal levers to bring about compliance. Furthermore, local
government is unwilling to tolerate policy initiatives which prescribe
specific processes and actions because such initiatives impose costs on
local government which have to be met through local government’s own
revenue base (mostly rates).
New Zealand’s closest neighbour, Australia, is sometimes an influence
on public policy design in New Zealand. Australia in fact has seven local
government jurisdictions as each state government has its own local
government statutes. in the 1990s, as in many countries, Australian local
government was the focus of extensive reform (Marshall and Dollery, 1997;
Aulich, 1999). As discussed by Aulich (1999: 13), consultation and
reporting were mandated as part of the strategic management process
introduced into local government in the early 1990s in all states:
provisions were enacted for councils to develop strategic or
management plans (especially to be more responsive to community wishes)
and stricter reporting regimes both to the community and to the state
government, making key documentation transparent, completing some of the
electoral reforms begun in the 1960s and extending Freedom of
Information coverage to local government. These were all designed to
strengthen accountability both to the local community and to the state
government, improve management capacity and make local government more
democratic.
Since 1989, each state has re-drafted its local government legislation
but there is a common acknowledgement of the need for community
participation in the local government system (Kiss, 2000). All states
except Tasmania have a section of the local government statute that sets
out the purposes or objects of the statute and it is among these purposes
(or objects) that there is reference to role of local government being to
respond to the needs of the local community. It is expected that local
government will receive a mandate from citizens for the particular
activities in which it is engaged. The South Australia Local Government
Act 1999 includes among its objects the intention to:
Encourage the participation of local communities in the affairs of
local government and to provide local communities, through their
councils, with sufficient autonomy to manage the local affairs of their
area; and … to ensure the accountability of councils to the community;
and … to encourage local government to provide appropriate services
and facilities to meet the present and future needs of local communities…
The Act contains a large number of sections addressing public
participation. Some of its provisions are considerably more refined than
what is currently found in New Zealand’s Local Government Act.
It is clear that within Australia, and also across a range of different
local government jurisdictions in the western world, there has been a
strong preoccupation with obtaining a community mandate for what local
government undertakes and also with strengthening accountability through
other mechanisms while also recognising the need for (or desirability of
providing) a broader set of powers to be exercised by local government in
order to respond to community aspirations.
In the 1990s in many countries there has been convergence around these
themes in local government statutory frameworks. When consideration is
given to why this convergence and these themes have been a feature of the
recent past and contemporary public policy, it is widely acknowledged that
there is a strong link between such themes and the strategic management
that has been introduced into the public sector at the national level.
Accordingly, different countries’ experiences in relation to strategic
management at the national level may be salient to statutory reforms
seeking to promote strategic management, sustainable development and
community planning in local government.
At the same time, questions should be asked about the expectation that
local government implement the same kind of strategic management framework
that central governments have adopted for themselves. While the answer
might be ‘yes’, the question still needs to be posed. The answer might
also be ‘no’ given the differences between local and central
government. Based on their study of strategic planning in local government
in Australia Marshall and Dollery (1997: 8-9) observe that there are
important differences between local and other tiers of government (in
Australia, federal and state) and that some of the new strategic
management processes that might be incorporated into central government
might not be wholly relevant or transferable to local government:
Much has been written about the style and substance of the public
sector reforms adopted by state and federal governments… It remains
unclear, however, as to how effectively similar practices can be applied
to the local government arena. There are clearly significant differences
in the composition and structure of local government bodies compared
with their state and Commonwealth counterparts. The more intimate
relationship of councils to their communities, the membership of
councils, the nature of political partisanship, the unique range of
intergovernmental pressures, and the organisational format and scale of
services all set local government apart from government in other
spheres. It is questionable whether managerial practices employed at
state and federal levels can simply be transplanted to a diverse range
of urban and regional bodies.
Conclusion
The new requirements for the development of annual plans with public
input heralded a new era of openness, transparency and responsiveness on
the part of local government. The efforts of a decade ago to democratise
local government were not sustained. Many important insights were gained
as local authorities implemented the statutory consultative procedure and
sought to respond to public aspirations for greater influence over local
authority decision-making. However, research and analysis indicates the
need for further innovation to overcome existing shortcomings (Controller
and Auditor-General, 1998; Cheyne, 1999; Forgie et al., 1999). It
is to be hoped that the current statutory review in New Zealand will
foster innovation and itself be innovative. Recent developments in local
government in other jurisdictions may offer some insights into how to
proceed. However, caution and a critical assessment are undoubtedly needed
in cross-national policy analysis. It is clear from reviewing just a
couple of examples of recent policy developments in other local government
jurisdictions that there is much potential for cross national policy
transfer, and for sharing the results of policy research and evaluation.
The extent of policy guidance produced in the United Kingdom throws into
sharp relief the relative dearth of such guidance in New Zealand. At the
same time, the expansion of ‘e-government’ and increasing familiarity
with the availability of policy guidance on United Kingdom Government
websites is likely to be of assistance for, and have an influence on, key
policy actors in New Zealand local government, including those steering
the reform process, and fill some of the vacuum of policy guidance in New
Zealand.
However, there are more profound constitutional differences that are
likely to mitigate the influence of other local government jurisdictions.
New Zealand local government has virtually no constitutional protection
and the current statutory review has precluded any consideration of
constitutional questions. As a result, local government remains very much
a creature of statute and a junior partner in a partnership that has been
much touted by central government.
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Cheyne, Christine, 1999, ‘After Consultation: The Challenge Facing
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