Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752510276.pdf (New Zealand)
Reprint as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Private Act Date of assent Commencement 2008 No 3 29 August 2008 see section 2 Contents Preamble Title Commencement Purposes Interpretation Part 1 Preliminary provisions Part 2 Funding mechanism Subpart 1—Administrative bodies Funding Board and Amenities Board and purpose of Act Funding Board Establishment Membership Page 4 4 5 5 5 7 7 7 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
1 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 Charitable purposes Powers Administration Amenities Board Function Membership Amenities Board Subpart 2—Specified amenities Assessment criteria Assessment criteria Discretion in application of assessment criteria Procedure Organisation applies to be specified amenity Funding Board assesses application Auckland Council decides whether organisation to be specified amenity Auckland Council decides whether organisation to be suspended or cease to be specified amenity Notices Subpart 3—Funding process Funding principles Funding principles Funding applications Specified amenity may prepare long-term plan Specified amenity applies for funding Funding Board assesses application Funding plans Funding Board prepares draft funding plan Funding Board and Auckland Council confer over draft funding plan Funding Board consults on draft funding plan Auckland Council considers funding plan If Auckland Council does not approve levy Funding Board adopts funding plan First financial year [Repealed] Individual payments for first financial year [Repealed] Individual levies for first financial year [Repealed] Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Contributing authorities pay levies for first financial year [Repealed] Funding levies Maximum levy for financial years after first financial year Funding Board resolves to fix levy Auckland Council to pay levy for financial years after second financial year If contributing authority’s district changes [Repealed] Funding payments Funding Board pays funding Subpart 4—Reporting Specified amenity does annual report Funding Board does annual report Auckland Council’s annual report Subpart 5—Miscellaneous provisions Specified amenities may seek other funding Auckland Zoo Subpart 6—Transitional
 provisions [Repealed] Funding Board: first appointments [Repealed] Funding Board: first actions [Repealed] Amenities Board: first actions [Repealed] Termination of contracts or agreements between specified amenities and contributing authorities [Repealed] Schedule 1 Specified amenities Schedule 2 Funding for first financial year [Repealed] Schedule 3 Contributing authorities and differential factors [Repealed] Schedule 4 Administrative provisions for Funding Board 23 23 24 24 24 25 25 26 27 27 28 28 28 29 29 30 30 30 31 3 Preamble Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (1) (2) arts, rescue, educational, Preamble Several community organisations that are vital to the Auckland region contribute to the well-being of the whole region by providing facilities or services to the community: The organisations are an essential part of the fabric of the Auckland region and are necessary to make the region a vibrant and attractive place to live in and visit: and (4) (3) A significant proportion of those who visit or use, or otherwise benefit from, the organisations come from all the territorial authority districts in the Auckland region: The organisations currently receive their funding from a range of sources by way of grants made in response to annual or periodic applications.
In particular, they make separate applications to each of the territorial authorities and various trusts for funding.
The grants resulting from applications are often ad hoc and short term: This process does not provide a secure funding stream for the organisations and it does not necessarily result in all the territorial authorities in the Auckland region making a contribution to the organisations’ funding: (5) (7) (6) A statutory framework is needed to provide adequate and secure funding for the organisations by all the territorial authorities in the Auckland region: The existing statutory frameworks for regional funding of the Auckland War Memorial Museum and the Museum of Transport and Technology provide a model for the funding of the organisations: Territorial authorities funding the organisations should have a formal role, through the Electoral College, in the decisions on funding.
(8) Title This Act is the Auckland Regional Amenities Funding Act 2008.

1 4 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 1 s 4 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
3 (1) (2) 4 Part 1 Preliminary provisions Purposes The first purpose of this Act is to establish a mechanism to pro- vide adequate, sustainable, and secure funding for specified amenities that, by providing arts, education, rescue, or com- munity facilities for or services to the Auckland region,— contribute to the well-being of the region; and (a) contribute towards making Auckland a vibrant and at- (b) tractive place to live in and visit.
The second purpose is to ensure that the Auckland Council is part of the mechanism and so contributes towards the funding of the specified amenities.

Section 3(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Interpretation In this Act, unless the context otherwise requires,— advisory officer means the advisory officer appointed under clause 12 of Schedule 4 Amenities Board means the Amenities Board established by section 11 assessment criteria means the assessment criteria in section 14(1) Auckland Council means the local authority established by section 6(1) of the Local Government (Auckland Council) Act 2009 Auckland region means the district of the Auckland Council establishment day means the day 28 days after this Act comes into force financial year means the period starting on 1 July and ending with 30 June in the following year that is the financial year of the Funding Board 5 Part 1 s 4 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 first financial year means the first full financial year after the commencement of this Act fourth financial year means the financial year after the third financial year Funding Board means the Auckland Regional Amenities Funding Board established by section 6 funding principles means the funding principles in section 21 Local Government Commission means the Local Govern- ment Commission appointed under the Local Government Act 2002 long-term plan— (a) means a specified amenity’s long-term plan described (b) in section 22; and if the plan has been amended, means the plan as amended (b) (c) public notice means a notice published in 1 or more news- papers circulating in the Auckland region revenue from rates means revenue from all rates set under the Local Government (Rating) Act 2002 except— (a) the part of the revenue from any general rate set under section 13 of that Act that is to be applied to the provi- sion of water supply or wastewater services; and any targeted rate for the provision of water or wastew- ater services set under section 16 of that Act; and any targeted rate for water supply set under section 19 of that Act; and [Repealed] (d) second financial year means the financial year after the first financial year specified amenity— (a) means
 an organisation listed in Schedule 1; and (b) includes an organisation that is the subject of a notice under section 18 that has come into force under section 20(3); and does not include an organisation described in paragraph (a) or (b) that is the subject of a notice under section 19(6) that has come into force under section 20(3) (c) 6 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 7 third financial year means the financial year after the second financial year.
Section 4 adjusted revenue from rates: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 4 Auckland Council: inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 4 Auckland region: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 4 contributing authority: repealed, on 1 November 2010, by sec- tion 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 4 district: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 4 Electoral College: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 4 reorganisation scheme: repealed, on 5 December 2012, by section 43 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 4 revenue from rates paragraph (d): repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Part 2 Funding mechanism Subpart 1—Administrative bodies 5 6 Funding Board and Amenities Board and purpose of Act In performing their functions and duties, and exercising their powers, under this Act, the Funding Board and the Amenities Board must act in accordance with the purpose of this Act set out in section 3(1).

Funding Board Establishment This Act establishes the Auckland Regional Amenities Fund- ing Board.

7 (1) Membership The Funding Board has 10 members.


7 Part 2 s 8 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (5) The Auckland Council appoints 6 members.

The Amenities Board appoints 4 members.

(2) (3) (4) One of the members appointed by the Auckland Council must be a person who, in the opinion of the Auckland Council, is appropriate to represent the interests of Māori in the Auckland region.
The members must be persons who have the management skills, experience, and professional judgment necessary to do the Funding Board’s functions, in the opinion of those appointing them.
The following persons must not be appointed as members: (a) a person who is currently an elected or appointed mem- ber of the Auckland Council; or the chief executive of the Auckland Council; or an employee of the Auckland Council; or a current board member of a specified amenity; or a current officer or employee of a specified amenity.

(b) (c) (d) (e) Section 7(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
(6) Section 7(4): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 7(6)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 7(6)(b): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 7(6)(c): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

8 (1) (2) (3) Charitable purposes The Funding Board is established exclusively for charitable purposes within New Zealand.

Every action that the Funding Board does under this Act is done exclusively for charitable purposes within New Zealand.
Every business that the Funding Board carries on under this Act is carried on exclusively for charitable purposes within New Zealand.

(4) No business that the Funding Board carries on under this Act is carried on for the pecuniary gain of any person.
8 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 12 9 10 11 12 (1) (2) (3) (4) (5) (6) (7) Powers For the purpose of performing its functions under this Act, the Funding Board— (a) has all the necessary rights, powers, and privileges; and (b) may exercise all the necessary rights, powers, and priv- ileges; and (c) may incur all necessary liabilities and obligations.

Administration The administrative provisions applying to the Funding Board are in Schedule 4.
Amenities Board Amenities Board This Act establishes the Amenities Board.

Function The Amenities Board’s function is to make the appointments to the Funding Board required by section 7(3).

The Amenities Board must make the appointments by majority vote.

If the votes are equal, the person presiding has a casting vote as well as a deliberative vote.

The person whom the members elect as chairperson must pre- side at all meetings of the Amenities Board at which he or she is present.
If he or she is absent from a meeting, the members present must appoint one of their number to be the chairperson of the meeting.

The quorum of the Amenities Board is— (a) half of the members if the number of members is even; or (b) a majority of members if the number of members is odd.

The Amenities Board may do its function even if there is a vacancy in its membership.

The Amenities Board must comply with subsections (2) to (6), but otherwise regulates its own proceedings.
9 Part 2 s 13 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 13 Membership (1) Every specified amenity must appoint 1 representative to the Amenities Board.

(2) An appointment as a specified amenity’s representative ends when the amenity or the representative ends the appointment.

(3) When an appointment as a specified amenity’s representative ends, the amenity must appoint another representative.
Subpart 2—Specified amenities Assessment criteria Assessment criteria The assessment criteria that the Funding Board and the Auck- land Council apply under sections 17 to 19 are as follows: (a) whether funding the organisation meets the purposes of this Act; and (c) (b) whether the organisation provides its facilities or ser- vices to residents of and visitors to the Auckland region; and whether the facilities or services that the organisation provides to residents of and visitors to the Auckland region are facilities or services that are not otherwise generally available; and (d) whether the residents of the Auckland region visit or (e) (f) use, or otherwise benefit from, the organisation; and whether, according to independent market research, the residents of the Auckland region perceive the organisa- tion as a regional one; and whether the organisation has proper governance and management structures; and (g) whether the organisation has structures for ensuring that any funding provided to it under this Act is used pre- dominantly for the organisation’s facilities or services; and (h) whether the organisation has operated within a properly prepared budget, annual business plan, and long-term plan over the 5 years immediately before the date on which the Funding Board or the Auckland Council ap- plies this criterion; and 14 (1) 10 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 16 (i) (j) whether the organisation has audited financial accounts covering the 5 years immediately before the date on which the Funding Board or the Auckland Council ap- plies this criterion; and whether the organisation is a registered charitable entity under the Charities Act 2005.
(2) The Funding Board must monitor the specified amenities’ compliance with the assessment criteria.

Section 14(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 14(1)(h): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 14(1)(i): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

15 16 (1) (2) (3) Discretion in application of assessment criteria The Funding Board and the Auckland Council each has an absolute discretion in deciding— (a) whether or not an organisation satisfies an assessment criterion; and the extent to which an organisation satisfies an assess- ment criterion.
(b) Section 15: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Procedure Organisation applies to be specified amenity The Auckland Council may invite organisations to apply to be a specified amenity.

The invitation must be given by public notice.


The public notice may require that applications be made only— (a) by a particular type of arts, educational, rescue, or com- munity organisation; or on terms that the Auckland Council considers appropri- ate.
(4) An application must— (b) (a) be in the form that the Auckland Council specifies in the notice; and 11 Part 2 s 17 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (b) contain, or be accompanied by, any information that the Auckland Council specifies in the notice.

Section 16(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 16(3)(b): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 16(4)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 16(4)(b): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Funding Board assesses application The Funding Board must assess every application that the Auckland Council receives under section 16.

The Funding Board’s procedure for doing its assessments— (a) must be determined by it; and (b) may include hearing an applicant in person.
The Funding Board must give the Auckland Council, in writ- ing or electronically,— (a) its assessment of whether an applicant satisfies— (i) the requirements in the public notice, if there were any; and the assessment criteria; and (ii) its recommendation on whether the applicant should or should not be a specified amenity; and its reasons for its assessment and recommendation.
(c) Section 17(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

(b) Section 17(3): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Auckland Council decides whether organisation to be specified amenity The Auckland Council must— (a) receive the Funding Board’s assessment and recom- mendation under section 17; and apply the assessment criteria; and decide whether an applicant is to be a specified amenity; and (b) (c) 17 (1) (2) (3) 18 12 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 19 (d) if an applicant is to be a specified amenity, give a notice as described in section 20.
Section 18 heading: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 18: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
19 (1) (2) (3) (4) (5) (6) Auckland Council decides whether organisation to be suspended or cease to be specified amenity This section applies if the Funding Board considers that a spe- cified amenity no longer satisfies 1 or more of the assessment criteria.

The Funding Board may give a notice to the specified amenity requiring it to satisfy the criterion or criteria within such rea- sonable period as the Board specifies.
The Funding Board must provide an opportunity for the amenity to be heard in relation to any notice before deciding that the amenity should be suspended or cease to be a specified amenity.
If the specified amenity does not satisfy the criterion or criteria within the period specified by the Funding Board, the Funding Board may give the Auckland Council, in writing or electron- ically,— (a) its recommendation on whether the specified amenity should be suspended from being or cease to be a speci- fied amenity; and its reasons for its recommendation.
(b) The Auckland Council must— (a) (b) (c) receive the Funding Board’s recommendation; and apply the assessment criteria; and decide whether the specified amenity should be sus- pended from being or cease to be a specified amenity.
If the Auckland Council decides that a specified amenity listed in Schedule 1 should cease to be a specified amenity, the fol- lowing provisions apply: (a) the Auckland Council must request the Minister of Local Government to recommend to the Governor-Gen- eral the making of an Order in Council amending Schedule 1 by removing the name of the amenity; and 13 Part 2 s 20 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (7) (b) (c) (d) on receiving the request, the Minister may make the recommendation; and on receiving the recommendation, the Governor-Gen- eral may make the Order in Council; and on the making of the Order in Council, the Auckland Council must give notice as described in section 20 that the amenity is no longer a specified amenity.
If the Auckland Council decides that a specified amenity not listed in Schedule 1 should cease to be a specified amenity, it must give notice as described in section 20 that the amenity is no longer a specified amenity.

Section 19 heading: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 19(4): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 19(5): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 19(6): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 19(6)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 19(6)(d): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 19(7): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
20 (1) (2) Notices The Auckland Council gives a notice under section 18 or 19 by publishing it in the Gazette.

The Auckland Council must— (a) notify the notice; and send a copy of the notice to the Amenities Board; and (b) (c) make copies of the notice available for inspection by members of the public free of charge.

(3) A notice given under section 18 or 19 comes into force— (a) (b) 28 days after the date of the notice’s publication in the Gazette; or on a later date specified in the notice.
14 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 21 (4) A notice given under section 18 that an organisation is a speci- fied amenity lasts until a notice is given under section 19 that the specified amenity is no longer a specified amenity.
(5) A notice given under section 18 or 19— (a) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012; and (b) must be presented to the House of Representatives (c) under section 41 of that Act; and is a regulation for the purposes of the Interpretation Act 1999.

Section 20(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 20(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 20(2)(b): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 20(5): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Subpart 3—Funding process Funding principles 21 (1) Funding principles The funding principles to which the Funding Board and the Auckland Council must have regard under sections 24 and 28 are as follows: (a) (b) (c) (d) the primary purpose of the funding is to contribute to the expenses that the specified amenity must incur to provide its facilities or services; and funding is not available for capital expenditure; and funding is not available for any part of facilities or ser- vices that the specified amenity provides outside the Auckland region; and funding is not available for facilities or services that at any time in the 5 years immediately before the date on which the Funding Board or the Auckland Council applies this paragraph have been provided funding by— a Crown entity, as defined in section 7(1) of the (i) Crown Entities Act 2004; or 15 Part 2 s 22 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (ii) a department specified in Schedule 1 of the State Sector Act 1988; and funding for the retention and preservation of a specified amenity’s library or collection takes priority over the amenity’s other expenses; and funding is available only if the specified amenity has made all reasonable endeavours to maximise its funding from other available funding sources; and total funding for all specified amenities assessed for a financial year must not exceed the maximum levy for that year under section 34; and any other funding principle that the Auckland Council publicly notifies under subsection (3).
(e) (f) (g) (h) (2) (3) The Funding Board may recommend to the Auckland Council that it add funding principles to those in subsection (1).

The Auckland Council— (a) may receive a recommendation from the Funding Board; and (b) with or without a recommendation, may add funding principles; and (c) must give public notice of the added funding principles.

Section 21(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 21(1)(d): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 21(1)(g): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 21(1)(h): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 21(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 21(3): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Funding applications Specified amenity may prepare long-term plan 22 (1) A specified amenity may— (a) (b) prepare a plan covering a period of at least 5 years and at most 10 years; and send the plan to the Funding Board.
16 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 23 (2) (3) 23 (1) (2) (3) (4) The Funding Board may consider and approve the plan.

The Funding Board’s approval of a plan is not a commitment by the Funding Board to provide funding for anything in the plan.

Specified amenity applies for funding This section applies if a specified amenity seeks funding from the Funding Board for a financial year.
The specified amenity must apply to the Funding Board on or before 30 November in the year before the financial year for which funding is sought.
The application must include— (a) a statement of the amount of funding that the specified amenity seeks from the Funding Board for the financial year; and any information that the Funding Board requires to as- sess the specified amenity’s satisfaction of the assess- ment criteria currently and in the future; and a statement of how the application complies with the funding principles; and the specified amenity’s annual plan for the financial year for which funding is sought prepared under subsections (4) and (5).
(b) (c) (d) The specified amenity’s annual plan must state the following matters: (a) (b) (c) the specified amenity’s purpose; and the specified amenity’s objectives; and the performance targets and other measures by which to assess the specified amenity’s achievement of the ob- jectives; and the nature and scope of the facilities or services to be provided by the specified amenity; and the indicative costs of the activities; and the sources of funds for the activities; and the details of any charges that the specified amenity pro- poses to make for the facilities or services.
(d) (e) (f) (g) (5) The plan must state the matters— 17 Part 2 s 24 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (a) (b) in particular terms for the financial year for which fund- ing is sought; and in general terms for each of the following 2 financial years.
Funding Board assesses application The Funding Board must— (a) assess an application made by a specified amenity under section 23; and decide provisionally on the amount of funding to be provided to the specified amenity.

(b) The Funding Board may request more information from the specified amenity for the purpose of making its assessment and provisional decision.
The Funding Board need not include a specified amenity in the funding plan prepared under section 25 if the amenity does not give the Board the requested information by— (a) 30 November in the year before the financial year for which funding is sought; or a later time that the Board specifies.
(b) In making its assessment and provisional decision, the Fund- ing Board must have regard to— the funding principles; and (a) the specified amenity’s long-term plan, if it— (b) (i) includes the financial year for which funding is sought; and has been approved under section 22.

(ii) Funding plans Funding Board prepares draft funding plan The Funding Board must prepare a draft funding plan for every financial year.
The draft funding plan must state the following matters for the financial year: (a) the nature of the facilities or services to be provided by each specified amenity; and the funding sought by each specified amenity; and (b) 24 (1) (2) (3) (4) 25 (1) (2) 18 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 26 (c) (d) (e) (f) (g) (h) (i) the amount of funding that the Funding Board proposes to grant to each specified amenity; and any conditions that the Funding Board proposes to im- pose on the provision of funding to a particular specified amenity; and the maximum amount of remuneration payable by the Funding Board to its members; and the maximum amount of remuneration payable by the Funding Board to its advisory officer; and the maximum amount of the Board’s reasonable admin- istrative costs; and the levy that the Funding Board proposes, which may not exceed the maximum levy calculated under section 34; and any other information that is necessary to enable an in- formed assessment of the levy that the Funding Board proposes.
(3) (4) 26 (1) The draft funding plan must state the matters— (a) in particular terms for the financial year to which the plan relates; and in general terms for each of the following 2 financial years.

(b) The Funding Board must include in the draft funding plan an explanation of any significant changes between the levy it pro- poses and the levy specified in the plan adopted for the imme- diately preceding financial year.
Section 25(2)(h): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 25(2)(i): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 25(4): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Funding Board and Auckland Council confer over draft funding plan The chairperson of the Funding Board and a person appointed by the Auckland Council for the purpose must decide jointly— whether a meeting of the Auckland Council is to be held (a) to consider— 19 Part 2 s 27 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (i) the matter of the total levy that the Board pro- poses in its draft funding plan; or any other matter in the plan; and (ii) if a meeting is to be held, whether it is to be held jointly with the Board or separately from it.
(b) (2) Every meeting of the Auckland Council to consider a matter must be held before the draft funding plan is published under section 27(1)(a).

Section 26 heading: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 26(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 26(1)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 26(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Funding Board consults on draft funding plan 27 (1) When the Funding Board is satisfied with its draft funding plan, it must, as soon as is practicable,— (a) (b) publicly notify it; and send it to the Auckland Council and the specified amen- ities.

The Auckland Council, a specified amenity, or any other per- son may make a written or electronic submission to the Fund- ing Board on any matter in the draft funding plan within 1 month after the day on which the plan is publicly notified.
[Repealed] The Funding Board must give a reasonable opportunity to every person who makes a submission to appear and be heard on the submission.

(2) (3) (4) (6) (5) Meetings of the Funding Board, or a committee of the Funding Board, to hear submissions on the draft funding plan must be open to the public.
The Funding Board must— (a) (b) make any modifications to the draft funding plan that the Board considers appropriate in light of the submis- sions; and consider the submissions; and 20 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 29 (c) (d) refer the plan to the Auckland Council; and request the Auckland Council’s approval of the Board’s recommendation on the levy.
Section 27(1)(b): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 27(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 27(3): repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 27(6)(c): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 27(6)(d): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
28 29 (1) (2) (3) (4) Auckland Council considers funding plan The Auckland Council must— (a) consider the Funding Board’s recommendation on the levy; and decide whether or not to approve the recommended levy, having regard to the funding principles; and advise the Funding Board of its decision.

(c) Section 28 heading: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
(b) Section 28: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 28(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 28(b): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
If Auckland Council does not approve levy This section applies if the Auckland Council decides not to approve the recommended levy under section 28(b).

The dispute must be referred to an independent arbitrator.

The arbitrator must be appointed by— (a) (b) the Auckland Council and the Funding Board jointly; or if they are unable to agree on the appointment, the Local Government Commission.
The arbitrator must— (a) take into account the submissions of the Funding Board and the Auckland Council; and 21 Part 2 s 30 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (5) (6) (b) (c) take into account the Funding Board’s duties; and decide on the levy, which may not exceed the maximum levy calculated under section 34.

The levy that the arbitrator decides on is the levy to be used by the Funding Board.
The Funding Board must reconsider its draft funding plan and the amount of funding it provisionally decided to provide to each specified amenity to take account of the levy that the ar- bitrator decides on.

Section 29 heading: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 29(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 29(3)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 29(4)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 29(4)(c): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 29(5): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 29(6): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

(2) 30 (1) Funding Board adopts funding plan The Funding Board must have a meeting to deliberate on and adopt its funding plan.
The meeting— (a) must be open to the public; and (b) must be held no later than 30 April immediately before the start of the financial year to which the plan relates.

(3) Within 20 working days of adopting the funding plan, the Funding Board must— (a) make a copy available for public inspection; and (b) give public notice that a copy is available for public inspection; and send a copy to the Auckland Council and each specified amenity.
(c) Section 30(3)(c): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

22 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 34 First financial year [Repealed] Heading: repealed, on 1 November 2010, by section 113(1) of the Local Gov- ernment (Auckland Transitional Provisions) Act 2010 (2010 No 37).
31 32 33 Individual payments for first financial year [Repealed] Section 31: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Individual levies for first financial year [Repealed] Section 32: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Contributing authorities pay levies for first financial year [Repealed] Section 33: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Funding levies 34 Maximum levy for financial years after first financial year (1) The maximum levy is,— (a) (ii) for the second financial year,— (i) if section 43 applies as at the specified date, $16 million; or if section 43 does not apply as at the specified date, $12 million; and for the third financial year,— (i) if section 43 applies as at the specified date, $19 million; or if section 43 does not apply as at the specified date, $15 million; and (ii) (b) (c) for the fourth financial year and each following financial year, the amount equal to 2% of the revenue from rates of the Auckland Council in the previous financial year.
In subsection (1), specified date means 30 November in the year immediately before the financial year for which the maxi- mum levy is being calculated.

(2) 23 Part 2 s 35 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 Section 34: substituted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Funding Board resolves to fix levy This section applies when the Funding Board has the following for a financial year after the second financial year: (a) either— (i) (ii) an adopted funding plan.

the Auckland Council’s approval of the levy; or the arbitrator’s decision on the levy; and (b) The Funding Board must send written notice of the levy to the Auckland Council.

The Funding Board must comply with subsection (2) on or before 30 April before the financial year for which the levy is imposed.
Section 35 heading: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 35(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 35(1)(a)(i): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 35(1)(a)(ii): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 35(2): substituted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Auckland Council to pay levy for financial years after second financial year This section applies to the levy notified under section 35(2).
The Auckland Council must pay the amount of the levy— (a) (b) (c) Section 36: substituted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

out of its general revenues; and to the Funding Board; and on the next 1 July after the notification.

If contributing authority’s district changes [Repealed] Section 37: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
35 (1) (2) (3) 36 (1) (2) 37 24 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 39 Funding payments 38 (1) (2) 39 (1) (2) Funding Board pays funding This section applies to the funding payable to a specified amenity under the Funding Board’s approved funding plan for a financial year.
The Funding Board must— (a) (b) pay the funding to the specified amenity; and do so as soon as is practicable after 12 July and no later than 15 August in the year; and tell the specified amenity, in writing or electronically, about any conditions in the approved funding plan on the provision of funding.

(c) Subpart 4—Reporting Specified amenity does annual report This section applies to a specified amenity that has received or is receiving funding under this Act for a financial year.
The specified amenity must prepare a report that— (a) assesses the amenity’s application of the funding against the matters specified in the amenity’s annual plan for the year under section 23(4); and contains financial statements for the year consisting of— (i) (b) (ii) (iii) (iv) (v) a statement of financial position prepared in ac- cordance with the New Zealand International Fi- nancial Reporting Standards; and an overall operating statement; and a statement of cash flows; and any other statements necessary to fairly reflect the amenity’s financial position, the resources available to it, and the financial results of its op- erations; and any other information reasonably necessary to enable the Funding Board to make an informed assessment of the amenity’s operations for the fi- nancial year as set out in its annual plan.
(3) If a specified amenity has the same financial year as the Fund- ing Board, the financial statements provided under subsection 25 Part 2 s 40 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (4) (2)(b) must be audited and the annual report must contain the auditor’s report.

If a specified amenity has a different financial year from that of the Funding Board, the financial statements provided under subsection (2)(b) need not be audited but subsection (5) ap- plies.
(5) When subsection (4) applies, the specified amenity— (a) must prepare audited financial statements for the finan- cial year for the specified amenity; and (b) must provide those audited financial statements and auditor’s report to the Funding Board within three months after the end of the specified amenity’s financial year.

The specified amenity must prepare the report and send it to the Funding Board within 3 months after the end of the financial year to which it relates.
Funding Board does annual report The Funding Board must, at the end of every financial year, prepare a report that— (a) (b) assesses the Funding Board’s performance; and assesses the performance of each of the specified amen- ities, taking into account their annual reports under sec- tion 39; and contains audited financial statements for the year con- sisting of— (i) (c) (ii) (iii) (iv) a statement of financial position of the Funding Board; and an overall operating statement of the Funding Board; and a statement of cash flows of the Funding Board; and any other statements necessary to fairly reflect the resources the Board’s financial position, available to it, the financial results of its oper- ations, and the financial results of the specified amenities’ operations; and (d) contains the auditor’s report on the financial statements; and (6) 40 (1) 26 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 42 (e) contains any other information necessary to enable an informed assessment of the operations of the Funding Board and the specified amenities for the financial year as set out in the Board’s funding plan adopted for the financial year.
(2) The Funding Board must adopt the report within 5 months after the end of the financial year to which it relates.

(3) Within 20 working days of adopting the report, the Funding Board must— (a) make a copy available for public inspection; and (b) give public notice that a copy is available for public inspection; and send a copy to the Auckland Council and the Amenities Board.
(c) Section 40(3)(c): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Auckland Council’s annual report The Auckland Council must include information about its dealings with, and payments to, the Funding Board in its annual report under section 98 of the Local Government Act 2002.

Section 41 heading: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 41: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Subpart 5—Miscellaneous provisions Specified amenities may seek other funding This section applies to a specified amenity that has received or is receiving funding under this Act.
The specified amenity may receive public funding from any other funding agencies or sources, including— a central government agency; and (a) a department specified in Schedule 1 of the State Sector (b) Act 1988.

The specified amenity may not receive funding from the Auck- land Council for expenses that have been or are being funded under this Act.
41 42 (1) (2) (3) 27 Part 2 s 43 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 Section 42(3): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

43 (1) (2) Auckland Zoo In this section, Auckland Zoo means the Auckland Council undertaking known as the Auckland Zoo or the Auckland Zo- ological Park.
This section applies if the Auckland Zoo— is established as a legal entity that— (a) (i) carries out the functions of the Auckland Zoo; and is separate from the Auckland Council; and (ii) is registered as a charitable entity under the Charities Act 2005.

(b) (3) On the date on which the Auckland Zoo is both established and registered, the zoo— (a) (b) Section 43(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
is treated as if it were listed in Schedule 1; and is subject to this Act.

Section 43(2)(a)(ii): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Subpart 6—Transitional provisions [Repealed] Subpart 6 heading: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Funding Board: first appointments [Repealed] Section 44: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Funding Board: first actions [Repealed] Section 45: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
44 45 28 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Part 2 s 47 46 47 Amenities Board: first actions [Repealed] Section 46: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Termination of contracts or agreements between specified amenities and contributing authorities [Repealed] Section 47: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
29 Schedule 1 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 Schedule 1 Specified amenities s 4 Auckland Observatory and Planetarium Trust Board Auckland Philharmonia Auckland Regional Rescue Helicopter Trust Auckland Theatre Company Limited Coast Guard Northern Region Incorporated New Zealand National Maritime Museum Trust Board New Zealand Opera Limited Surf Life Saving Northern Region Incorporated The Auckland Festival Trust Watersafe Auckland Incorporated Schedule 2 Funding for first financial year [Repealed] s 31 Schedule 2: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Schedule 3 Contributing authorities and differential factors [Repealed] s 4 Schedule 3: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

30 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Schedule 4 1 (1) (2) 2 (1) (2) 3 Schedule 4 Administrative provisions for Funding Board s 10 Nature The Funding Board has perpetual succession.
The Funding Board is not a council-controlled organisation for the purposes of the Local Government Act 2002. the Amenities Board; and the Auckland Council; and the specified amenities.
Independence In doing the functions and duties, and exercising the powers, of the Funding Board, the members must act independently of— (a) (b) (c) In doing the functions and duties, and exercising the powers, of the Funding Board, the member referred to in section 7(4) must represent the interests of Māori in the Auckland region.

Schedule 4 clause 2(1)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Schedule 4 clause 2(1)(b): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

No personal liability Funding Board members are not personally liable for acts done or defaults made— (a) (b) (c) in good faith; and in the course of the Funding Board’s operations; and by— (i) (ii) the Funding Board, or a Funding Board member.
4 (1) Terms of office Every Funding Board member is appointed for a term of 3 years starting on the day after the date on which the previous term ends.

31 Schedule 4 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (2) (3) (4) (5) (6) Subclause (1) does not apply to members appointed under clause 6(3).

Every member is eligible for reappointment.


Subclause (5) applies to a member to whom the following apply: his or her term of office ends; and (a) he or she has not resigned his or her office; and (b) he or she is not in a situation described in clause 6(1).

(c) The member continues to hold office by virtue of his or her appointment until— (a) (b) The Funding Board’s functions, duties, and powers are not affected by a vacancy in its membership.
Schedule 4 clause 4(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

he or she is reappointed; or his or her successor is appointed.

Resignations 5 (1) A Funding Board member may resign his or her office by giv- ing a notice in writing or electronically to the advisory officer.
(2) A member who resigns his or her office on terms that permit him or her to continue in office may do so by virtue of his or her appointment until his or her successor is appointed.
Extraordinary vacancies This clause applies if any Funding Board member is in one of the following situations: (a) (b) the member dies; or the member resigns his or her office on terms that do not permit his or her continuing to hold office; or the member is absent without leave from 2 consecutive Funding Board meetings; or the member becomes an elected or appointed member of the Auckland Council; or the member becomes the chief executive of the Auck- land Council; or the member becomes an employee of the Auckland Council; or (c) (d) (e) (f) 6 (1) 32 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Schedule 4 (g) (h) (i) (j) (k) (l) (m) the member becomes a board member of a specified amenity; or the member becomes an employee of a specified amenity; or the member is declared bankrupt; or the member becomes the subject of an order under sec- tion 383 of the Companies Act 1993; or the member becomes a special patient as defined in sec- tion 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or the member becomes the subject of an order under the Protection of Personal and Property Rights Act 1988; or the member is convicted of an offence punishable by a term of imprisonment of 2 years or more.
(2) If a member is in one of these situations,— (a) (b) his or her term of office ends; and the vacancy is an extraordinary vacancy.

(3) An extraordinary vacancy must be filled in the same way as the appointment to the vacant office was originally made.

The member appointed holds office only for the rest of the vacating member’s term.
If an extraordinary vacancy occurs within 6 months before the date fixed for the next appointment to the office that has been vacated, the appointing body may decide not to fill the va- cancy.

Schedule 4 clause 6(1)(d): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

(4) Schedule 4 clause 6(1)(e): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Schedule 4 clause 6(1)(f): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

7 (1) Chairperson and deputy chairperson The Funding Board must annually— (a) elect 1 of the 6 members appointed by the Auckland Council under section 7(2) as chairperson; and elect any member as deputy chairperson.
(b) 33 Schedule 4 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 (2) (3) (4) The chairperson and deputy chairperson may stand for re-elec- tion.

The chairperson of the Funding Board— (a) must preside at all meetings of the Funding Board at (b) which he or she is present; and has the functions, duties, and powers that the Board delegates to him or her from time to time.
The deputy chairperson must act in place of the chairperson in any case where the chairperson— (a) (b) Schedule 4 clause 7(1)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

is absent; or is unable to act for any other reason.

8 (1) Meetings If the chairperson and the deputy chairperson are absent from a meeting, the members present must appoint one of their num- ber to be the chairperson of the meeting.
(2) A quorum for a meeting of the Funding Board is a majority of its members.

The Funding Board must decide every question before it in open voting by a majority of the votes recorded on it.

The person presiding at a meeting of the Funding Board has a deliberative vote and, if the votes are equal, also has a casting vote.

Part 7 of the Local Government Official Information and Meet- ings Act 1987 applies to the Funding Board as if it were a local authority subject to that Part.
Procedural rules The Funding Board may regulate its own proceedings on mat- ters not specifically dealt with in this Act.

Remuneration The Auckland Council must decide how much to pay each member of the Funding Board after considering a recommen- dation from the Funding Board.
(3) (4) (5) 9 10 (1) 34 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Schedule 4 (2) (3) (4) (5) The Auckland Council must decide to pay an amount that is appropriate having regard to— the public purpose of the Board’s functions; and (a) the extent of public funding of the Board’s operations.
(b) The Auckland Council must not determine a rate of pay for a Funding Board member in a financial year greater than that specified for the payment of a member in the funding plan adopted for the year.

The Funding Board must recommend to the Auckland Council how much a member of the Board should be paid in a financial year having regard to the matters in subsections (2) and (3).

The Funding Board must pay its members the amount deter- mined by the Auckland Council.
Schedule 4 clause 10(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Schedule 4 clause 10(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Schedule 4 clause 10(3): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Schedule 4 clause 10(4): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Schedule 4 clause 10(5): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
11 Dealings with other bodies The Funding Board may liaise, consult, and, if it considers necessary, enter into agreements with any body that— provides funding to a specified amenity; or (a) is a potential source of funding for a specified amenity.

(b) 12 (1) Advisory officer The Funding Board may appoint an advisory officer to assist it in doing its functions.

(2) However, if the Auckland Council requires it, the advisory of- ficer must be a person seconded for service from the Auckland Council.
35 Schedule 4 Auckland Regional Amenities Funding Act 2008 Reprinted as at 5 August 2013 The advisory officer is responsible to the Funding Board for— (a) (b) implementing the Board’s decisions; and ensuring that the Board’s operations are conducted in a transparent and accountable manner; and providing services and advice to Board members; and ensuring the effective, efficient, and economic manage- ment of the Board’s operations and planning; and doing any other functions that the Board delegates to him or her.
(c) (d) (e) Schedule 4 clause 12(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Auditor The Auditor-General is the Funding Board’s auditor.

For the purpose of auditing the Funding Board, the Auditor- General— (a) has and may do all the Auditor-General’s functions and duties under the Public Audit Act 2001; and has and may exercise all the Auditor-General’s powers under the Public Audit Act 2001.
(b) (3) 13 (1) (2) 36 Reprinted as at 5 August 2013 Auckland Regional Amenities Funding Act 2008 Notes Reprints notes 1 2 3 General This is a reprint of the Auckland Regional Amenities Funding Act 2008 that incorporates all the amendments to that Act as at the date of the last amendment to it.

Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

Editorial and format changes and Editorial made 26 http://www.pco.parliament.govt.nz/editorial-conventions/.
the Legislation Act to sections changes reprints powers format under 2012. using See the 24 of are to also 4 Amendments incorporated in this reprint Legislation Act 2012 (2012 No 119): section 77(3) Local Government Act 2002 Amendment Act 2012 (2012 No 93): section 43 Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 37