Utikere Tangi; Brown SimeonTANGI UTIKERE (Labour—Palmerston North): Thank you Mr Chair. Can I invite the Minister of Local Government to the earlier question that I did pose around the special consultative process and how that relates to matters. I'd be obliged if he was able to do so.I did signal that I had a question in relation to clause 53 and that's around the Alternative requirement: consultation on amendment to [a] long-term plan". So as I'm sure we all know when a long-term plan is going through a consultation process it carries a little bit more weight in terms of what it can and it can't do. However when I read through the suggested change that's come through from the Finance and Expenditure Committee in that first subclause it talks about the amendment to a long-term plan for the purpose of establishing joining or amending or for a joint local government arrangement under section 137 of the Local Government Act (LGA) which the Minister himself has just cited if that is the case then "the authority is not required to consult on the amendment if"—and then we move on. Now my question is: is it possible for a council or an authority to consult for example on the establishment of a council-controlled organisation but through that process land somewhere else such as a preference for a joint local government arrangement under section 137? So the way that the clause is currently worded it could be possible for a council to consult in one area if it chooses not to consult in a broad term but actually land in an area there where it may not have consulted. When I read this clause that is quite permissive and it wouldn't require any further consideration of a further form of consultation under subclause(1)(a).When you look at (b) Minister it says that actually a council could do that if it was satisfied that the community has a good understanding of the implications of the proposal. Now if what was being consulted on as a proposal was actually what was different to the outcome that the council actually landed on is it not that that clause then doesn't require any further consultation that might follow and then following on that actually it's satisfied that it understands its community's views on the proposal?Now earlier there has been reference to section 78(1) of the LGA. Now that is contained specifically in clause 52(4)(a) of this bill. It is referenced there because the council must be satisfied that section 78(1) of the LGA has been met in terms of deciding whether or not to follow any further consultation. That is not referenced when it comes to clause 53(1)(c); it simply states that the council or the authority needs to be "satisfied that it understands its community's views on the proposal." So there is an inconsistency here between the two clauses. One is saying that the council needs to turn its mind to section 78(1) under the LGA; clause 53 is saying well it doesn't need to do that—it simply needs to be satisfied.So my question to the Minister is: why is there an inconsistency between clauses 52 and 53 where section 78(1) of the LGA is engaged in one but it's not engaged in in the other. I think that you know alongside the suggestion of the possibility of a council consulting on one particular proposal but landing somewhere else perhaps if the form of consultation is broad I can understand how that could be fine but in a circumstance where the council might consult on establishing or joining or amending a council-controlled organisation as opposed to joining the joint arrangement I'd be interested in the Minister's thoughts—well an answer on both of those please.Hon SIMEON BROWN (Minister of Local Government): There have been a number of questions in regards to consultation many of which I have already answered.In relation to the question around special consultative procedures the special consultative procedure is not required under provisions in the bill. Under the Local Government Act there are only a few occasions when the special consultative procedure must be used. It is usually up to councils to decide how to consult using the principles of consultation in section 82 of the Local Government Act 2002."