Local Government Act 2002 Amendment Bill Submission

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LOCAL GOVERNMENT AND ENVIRONMENT SELECT COMMITTEE SUBMISSION – JULY 2012There no consistent evidence that local government as a whole has been fiscally irresponsible in New Zealand over the last twodecades. In the face of turbulence following the global financial crisis, there may be other arguments for strengthened fiscalresponsibility. But local government’s track record over the last two decades does not provide the basis for that argument. “4.3 Appendix Two of this submission summarises the drivers of cost increases in the local government sector.Breadth of Activity4.4 Underpinning much of the recent debate on the breadth of local government activities is the suggestion that theinclusion of the well-beings has created confusion about the proper roles of local government and has resultedin local authorities undertaking a new range of activities that have caused rates to increase at unprecedentedlevels. LGNZ disputes this.4.5 Simply put, there is no real evidence that the sector, as a whole, is undertaking functions that it was notundertaking prior to 2002. Indeed three reviews since 2002 have found the opposite position to be the case.Specifically:“No evidence to date has been produced to suggest that local government, as a whole, is undertaking a wider group offunctions than it had prior to 2003. In cases where councils have taken on additional responsibilities these have provedto be quite small in scale and operational in nature.” 1“The panel does not consider that this empowerment (the LGA 2002) has been a significant driver of increasedexpenditures. First, the previous legislation contained similar powers, such as the power to promote community welfare.Local government has long been involved in social activities such as public rental housing and construction of majorcultural sporting facilities and in commercial operations such as parking buildings and other trading undertakings. Thereis little that local government is now doing that it has not previously been doing.” 2“We conclude that the new Act, and particularly the conferring of full capacity, rights and powers on local authorities, hasnot led to a proliferation of new activities being undertaken by councils.” 3 .4.6 The Government’s announcements and the RIS that accompanies this Bill cite several alleged examples ofnon-core spending. Of these, the comment about NCEA pass rates appears to be a reference to the recentlyadopted Auckland spatial plan. LGNZ observes that central government designed the spatial plan mechanismwith the intent that it be a comprehensive and focused document drawing together central and localgovernment investment intentions and agreement on joint priorities. To the best of LGNZ’s knowledgeAuckland Council has no intention to engage in front-line delivery of education services as a result of this plan.4.7 Certain promotional activities such as the Hamilton V8 motor races have received adverse comment fromGovernment. It is LGNZ’s view that there are many more examples of successful promotional investments thanunsuccessful ones. Indeed the Government has itself partnered very recently with Auckland Council on the V8race at Pukekohe. Other successful examples include: the 2000 and 2003 Americas Cup; the 2011 RugbyWorld Cup; World of Wearable Art, and the International Festival of the Arts. Not all business venturessucceed. Those that fail do so for reasons specific to the event and not because of the purpose of the LGA2002.Costs4.8 Rather than the well-beings, the driver increasing local government costs over the past 15 years has been thecost of providing network infrastructure in an environment where resources are becoming increasingly scarce.1Joint Central/Local Government Funding Project Team (2006), Local Government Funding Issues – Report of the Joint Officials Group, page 18. The reportsubsequently noted that additional spending, where it has occurred typically went to community groups, and as such would have been empowered by section 548 ofthe Local Government Act 19742Independent Inquiry into Local Government Rates (2007), Funding Local Government, page 783Local Government Commission (2008), Review of the Local Government Act 2002 and the Local Electoral Act 2001 page 3
LOCAL GOVERNMENT AND ENVIRONMENT SELECT COMMITTEE SUBMISSION – JULY 20124.9 It has been argued that rates are the fastest growing component of the Consumer Price Index (―CPI‖). While thepercentage increases cited are broadly correct, comparing these without any context is misleading. Most of themeasures of prices of goods and services in the CPI are ―quality-controlled‖, as Statistics New Zealand goesthrough a rigorous process to ensure that only the movements in prices of goods of the same quantity andquality are measured.4.10 The rates component of the CPI measures both an increase in the rates and an increase in the level of servicethe user receives. In short, the CPI overstates increases in rates vis à vis the other elements of the CPI. Thisis not comparing “apples” with “apples”. The CPI measures movements in prices of a basket of goods andservices that households consume. The basket of goods that local authorities consume is considerablydifferent. The price of the two baskets of goods need not move in tandem – and while the two did move byabout the same rate up until around 1998, that was very much a statistical coincidence. In the 10 years from2000 the consumer price index moved 37 per cent, the construction cost index moved 67 per cent and thebitumen price index moved 91 per cent.4.11 In 2009, LGNZ commissioned BERL to construct a Local Government Cost Index (―LGCI‖) from various localgovernment related statistical indices prepared by Statistics New Zealand (mostly from indices that support itsLabour Cost Index, and the Producers Price Index 4 ). BERL found that the LGCI had increased by 43 per centover the period 1999 to 2009. This is a truer reflection of the consumables used by local authorities, andincludes engineering parts, bitumen, building materials, concrete and steel 5 . These goods are more expensivethan those consumed by households.Debt4.12 There are major concerns about the impact of fiscal thresholds on infrastructure investment, concernsreinforced by international research. Attempts to severely limit either rate increases or debt levels, beyondlimits identified by the Office of the Auditor-General or rating agencies, will have a potentially serious impact onthe state of local infrastructure. Imposed fiscal thresholds have been identified as the primary reason for themajor infrastructure deficit facing communities in New South Wales.4.13 Local authorities have now adopted 2012-22 Long Term Plans, and commentators such as the Auditor-Generalhave noted that the sector is generally planning to reduce debt levels over the intentions in previous plans.Debt is part of investing in the future and supports long term stewardship. From an inter-generationalperspective debt funding is more equitable than other alternatives.4.14 Historically local authorities had very low levels of debt and as a result debt levels today appear high relative tothe historical picture.5 The Purpose of Local Government5.1 Part 1 of the Bill proposes to replace the current purpose of local government set out in section 10 of the LGA2002 (―the well-beings‖) with a new purpose statement.5.2 LGNZ submits that the well-beings should remain for the reasons set out in the following paragraphs.4Note that these are input prices – that is to say that they measure the cost of goods and services that local authorities consume in producing their own goods andservices5BERL LGCI (October 2011)
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Local Government Act 2002 Amendment Bill Submission

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