What Does the "Government" in "Local Government" Mean Anyway? The Constitutional Position of Local Government in New Zealand and Central Government Intervention in Environment Canterbury

Abstract

This paper uses the replacement of elected councillors at Environment Canterbury by appointed commissioners as a lens to examine the constitutional position of local government in New Zealand. The conventional view is that any constitutional protection is limited at best and local government exists solely at the whim of Parliament. It is proposed that in fact a constitutional convention exists that protects locally elected representation. The protection of some form of elected representation, not a particular form. Parliament can vary the shape and nature of local authorities, but it should do so in consultation with the affected communities. The protected scope of local authorities constitutional role is do deal with purely local matters that do not have impacts outside the jurisdiction of that authority. While the problems facing Environment Canterbury in relation to water management were substantial, it is not clear that they had moved beyond the protection of this convention.