Carter Chris: Local Government Law Reform Bill (No 3) — Second Reading Instruction to Committee In Committee 
Carter Chris: Local Government Law Reform Bill (No 3) — Second Reading Instruction to Committee In Committee 
[Volume:618;Page:14100] 
Hon CHRIS CARTER (Minister of Local Government) 
: 
 I move  
That the Local Government Law Reform Bill (No 3) be now read a second time 
. The purpose of this bill is to further ensure that the legislative framework in which local government operates is as comprehensive and clear as possible. The bill seeks to clarify and address a range of issues relating to local government legislation that are mostly technical in their nature. The reported-back bill achieves that aim and deals with several additional issues raised in submissions to the Local Government and Environment Committee. 
Since taking office the Government has introduced a comprehensive package of legislative reforms to bring New Zealand’s system of local government into the 21st century. We have delivered new local government legislation that is modern innovative and flexible. The package has included the Local Government Act 2002 the Local Electoral Act and the Local Government (Rating) Act. As with any major legislative change it is not unusual that some minor issues have arisen that need to be addressed. That fine-tuning will provide more certainty and clarity for councils as they administer and work within the legislation to be amended by this bill. It will also provide communities with greater certainty in their dealings with their local authorities. 
I want to take this opportunity to acknowledge the hard work put in by the Local Government and Environment Committee in meeting the tight timetable it had for its consideration of this bill and to acknowledge my officials who worked so hard on it. The time frame was driven by one provision of the bill: a clarification of the right of a candidate to be able to stand for the positions of both mayor and ward councillor in the same territorial authority election. That right needs to be clarified before 23 July 2004 the opening date for nominations for this October’s local authority elections. 
Over 40 submissions were received on the bill. The majority as expected came from local government and I would like to thank the sector for its participation. There was widespread support from the sector for the intent of the bill and for many of its specific provisions. However there were some issues that councils raised about the bill’s provisions and some new issues that councils wanted the committee to consider. Recognising the value of the submissions the select committee has responded by recommending some changes to the original bill. I would like to take this opportunity to outline some of those changes. 
In respect of the Dog Control Act adjustments are recommended to some of the infringement offences and fees to provide greater consistency in the level of fees for like offences. Reductions are recommended for some fees in response to submissions that argued that while the fees are intended to give a strong message about the public’s expectations about the control of dogs in some cases the fees are difficult to use effectively. The committee has also recommended that provision be made for the national dog control database to contain dog control – related data over and above that which councils are required to provide. 
In respect of the Local Government Act the committee received a number of submissions on the issue of the removal of the casting vote. The vast majority of those opposed its removal and strongly urged the reinstatement of that tool for helping to ensure efficient local authority meeting processes. The committee recognised the practical difficulties that might arise from the absence of a casting vote and recommended its reinstatement in limited circumstances. On further reflection the Government believes that local authorities should have the discretion to provide in their own standing orders for a casting vote in any circumstances where there is an equality of votes. I will be introducing a Supplementary Order Paper to that effect and also be including other technical drafting improvements during the Committee stage of this bill. 
Subsidiaries of port companies are currently exempt from the definition of a council-controlled organisation. The committee has recommended extending that exemption to companies that are 50 percent or more owned by a port company. Also in respect of the Local Government Act the committee has recommended a new clause to repeal the current prohibition on the delegation of a council’s power to warrant enforcement officers. That recommendation aims to overcome the practical difficulties being experienced by some councils having to wait up to 6 weeks for meetings before a warrant can be issued. 
In respect of the Local Government (Rating) Act the committee has recommended that a new clause be added to make owners’ names and addresses held on a local authority’s rating information database available to the public under certain conditions. In order to protect privacy a provision is recommended to allow the owner to have his or her name and postal address removed from the copy of the rating information database that is to be made publicly available. 
Some councils raised issues that the committee felt were not appropriate for this bill but would be better considered in the impending review of the new local government legislation. I endorse the committee’s view on those matters. The Local Government Commission is to undertake a review of the Local Government Act and the Local Electoral Act following the local authority elections in 2007. The committee also noted that the commission must report to the Minister of Local Government in July 2005 on any legislative amendments it considers are needed before the 2007 local authority elections. 
As I mentioned earlier it is highly desirable that this bill be enacted before 23 July because of the one provision in it that will impact on the forthcoming local authority elections. I hope MPs will keep that in mind in the ensuing debate.