Contents
Public Consultation and Decision-making in Local Government.
Part One: Statutory and Related Legal Requirements
- What Is Consultation?
- Nature of the Obligation to Consult
- Consultation in Local Government
- The Special Consultative Procedure
- Special Orders
- Legitimate Expectation
Part Two: Application of Administrative Law
- Principles of Administrative Law
- “In Accordance With Law”
- “Reasonably”
- “Fairly”
- Introduction
- Procedural Obligation
- Are There Any Mandatory Considerations?
- Annual Plan
- Form of Proposal
- Who May Make Submissions?
- To Whom are Submissions Made?
- Effect of Submissions
- Role of Council Officers
- Alterations to Proposals
- Failure to Use the Procedure
- Irregularities in Complying with the Procedural Requirements
- Timing – Special Consultative Procedure
- Timing – Special Orders
Part Four: Problems and Current Trends
- Introduction
- Perceived Problems with the Special Consultative Procedure
- Current Trends
Part Five: Conclusions and Recommendations
- Conclusions
- Recommendations
Appendices
- A: Statutory Provisions Imposing a Duty to Consult
- B: Statutory Provisions Requiring the Special Consultative Procedure
- C: Statutory Provisions Requiring the Special Order Process
- D: Case Bibliography
Note: Where we draw on judicial statements for material in this report, we identify the case by quoting the name of the first party (sometimes abbreviated) followed by a number in parentheses. This number corresponds to the number of the case as listed in the bibliography in Appendix D on pages 64-65.
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