Undertaking community governance reviews
Section 82: Council’s power to undertake review
197.This section gives a principal council the power to undertake a community governance review.
Section 83: No review being undertaken: duty to respond to petition
198.Section 83 is concerned with a case in which a principal council receives a valid community governance petition which relates to the whole or part of its area and, at the time the petition is received, the council is not carrying out a community governance review. In such a case, the council must undertake a review that has terms of reference that allow for the petition to be considered. However, this duty does not apply if the council has in the previous two years concluded a community governance review and in the council’s opinion the area to which the petition relates covers the whole or a significant part of the area to which the review related.
Section 84: Review being undertaken: duty to respond to petition
199.This section is concerned with a case in which a principal council receives a community governance petition which relates to any part of its area and, at the time the petition is received, the council is in the course of undertaking a community governance review, the area to which the petition relates being wholly outside the area currently under review.
200.It sets out the following options from which the council can choose when deciding how to deal with the petition:
The first option is for the council to modify the terms of reference of the current review to allow the recommendations made in the petition to be considered;
The second option is for the principal council to undertake a separate review which has terms of reference that allow for the petition recommendations to be considered; and
The third option is to modify the terms of reference of the current review, to undertake a separate review and ensure that, when taken together the terms of reference of the current review (as modified) and the terms of reference of the new review, allow for the petition to be considered.
201.However, the council does not have to choose from any of these options if it has in the previous two years concluded a community governance review and, in the council’s opinion, the area to which the petition relates covers the whole or a significant part of the area to which the review related.
Section 85: Power to respond to petition
202.This section specifies the cases in which a principal council receives a valid petition relating to the whole or part of its area but is not required to conduct a community governance review. The cases are where on the date that the petition is received:
The council is not undertaking a review, but, has in the previous two years concluded a review and in the council’s opinion the area to which the petition relates covers the whole or a significant part of the area to which the completed review related
The council is undertaking a community governance review and the petition area is wholly outside the area under review and the council has concluded a previous community governance review in the previous two years that in the council’s opinion the area to which the petition relates covers the whole or a significant part of the area to which the previous review related
The council is undertaking a community governance review of part of its area, and the area to which the petition relates is not wholly outside the area under review.
The council is undertaking a community governance review of part of its area, and the area to which the petition relates to the whole of the council’s area.
The council is undertaking a community governance review of the whole of its area, and the area to which the petition relates to the whole or part of the council’s area.
203.In each of these cases, the principal council can decide to undertake a review or modify the terms of reference of an existing review or take no action.
