Abstract:
This paper considers the application to New Zealand local government of the principle of subsidiarity, which states that “a central authority should have a subsidiary function, performing only those tasks which cannot be performed at a more local level”. It considers the history of the principle and its applications in Europe and the United States, and the effect of these applications on its current definitions. It concludes that subsidiarity can be considered as both a governing principle, and a wider abstract value. It considers developments in New Zealand local government that could be considered to give effect to subsidiarity, and specific discussions of the principle in legal and political discourse. It then seeks to apply the principle to recent developments in local government, most notably the creation of the Auckland super city, and considers that S 17 of the Local Government (Auckland Council) Act 2009 appears to give effect to the principle of subsidiarity. The paper concludes that whether or not this legislation will actually promote the value of subsidiarity will depend on whether subsidiarity is accepted as part of the region’s constitutional culture, and seeks to identify factors that will determine whether or not this will occur.
