Hide Rodney: Local Government (Auckland Law Reform) Bill — In Committee 
Hide Rodney: Local Government (Auckland Law Reform) Bill — In Committee 
[Volume:663;Page:11448] 
Hon RODNEY HIDE (Minister of Local Government) 
: 
 This is a big bill. It is the third bill that involves changes to local government in Auckland and those changes are under way. It will help the Committee if I walk members through in summary the six parts and the three schedules that make up this legislation. 
Part 1 imposes new requirements on the Auckland Transition Agency in relation to its responsibilities for overseeing the reorganisation process for Auckland local government. It imposes further obligations on existing Auckland local authorities and local government organisations during the reorganisation period. It makes further provision for the dissolution of existing local authorities and organisations and the vesting of interests. It makes further provision for the powers of the Governor-General the powers of Ministers and the duties of public officials during the reorganisation period. 
Schedule 1 adds new schedules 2 to 4 to the Local Government (Tamaki Makaurau Reorganisation) Act 2009. Schedule 1 sets out general and specific requirements for the contents of the planning document that the Auckland Transition Agency is required to prepare under section 19A of the Local Government (Tamaki Makaurau Reorganisation) Act 2009. It sets out the requirements for election signs for the October 2010 triennial elections and specifies certain terminating and receiving entities. 
Part 2 sets out further matters in relation to the structure and functions and duties and powers of the Auckland Council that differ from the general provisions applying to local authorities under the Local Government Act 2002 and other local government legislation. The part establishes Auckland Transport as a council-controlled organisation of the Auckland Council defines the functions and powers of Auckland Transport and sets out the role of the Auckland Council in transport matters. It sets out the functions duties and powers of Auckland water organisations requires the Auckland Council to prepare and adopt a spatial plan for Auckland provides for the establishment of a board to promote issues of significance for mana whenua groups and other Maori of Tamaki Makaurau sets out an accountability framework for substantive council-controlled organisations provides a dispute resolution procedure for certain disputes between the governing body of the council and the council’s local boards and makes provisions for miscellaneous matters arising from the reorganisation. 
Schedule 2 which establishes a new schedule 3 to be added to the Local Government (Auckland Council) Act 2009 makes provision for the board to promote issues of significance for mana whenua groups and other Maori of Tamaki Makaurau. The schedule sets out board membership and procedures and establishes a selection body for the board and the processes under which that body is to operate. 
Part 3AA provides transitional arrangements for the operation of the Auckland Council and other local authorities affected by the reorganisation and amends and repeals certain enactments. Part 3 provides for savings transitional provisions and related matters except for employment. It sets out how the Auckland Council its subsidiaries and local authorities other than the Auckland Council affected by the reorganisation must conduct themselves in relation to specific matters during the first few years after the reorganisation. The specific matters include council governance and framework the sale of certain council property council-controlled organisations and Watercare Services Ltd interim rating matters development and financial contributions interim by-law policy and planning matters and the establishment of Pacific and ethnic advisory panels for Auckland. 
Part 4 deals with transitional provisions relating to the collective agreements of employees of existing local authorities and of other local government organisations affected by the reorganisation that are transferring to a new employer. It requires the chief executive of the Auckland Council to review the position of employees by 30 September 2010 provides whether and to what extent employees are entitled to redundancy or other compensation provides for related matters about the continuity of employment of employees who accept positions with the new employer and provides transitional provisions about collective bargaining and collective agreements. 
Part 5 makes consequential amendments repeals and revocations. Schedule 3 amends or repeals certain public Acts as a consequence of this bill amends or repeals certain local private and provincial Acts consequent to the provisions of this bill and amends or revokes certain regulations consequential to this bill. 
In terms of clauses 1 and 2 the title and commencement clauses Parts 2 3AA 3 and 5—except clause 138(2)—come into force on 1 November 2010. Clause 138(2) which relates to Watercare Services Ltd’s exemption from the status of a council-controlled organisation comes into force on 1 July 2012. On that day the exemption will cease. The rest of the bill will come into force on the day after the date on which it receives the Royal assent. 
There are also some Government Supplementary Order Papers that amend this bill. I will quickly go through those. Most of the amendments are of a minor typographical or technical nature—for example cross references and inconsistencies in language within the bill are corrected. In addition there are some more substantial amendments including new section 49 as amended by clause 45 which sets out the obligations of an Auckland water organisation. These includes the obligation to manage its operations efficiently with a view to keeping the overall cost of water supply and wastewater services to the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets. I know that Mr Phil Twyford is very anxious that we keep the price of water down for the people of Auckland. Amendments to that clause clarify that that obligation is in relation to its customers collectively. 
There is also an amendment in my name and I thank the Hon Pansy Wong and the Hon Maurice Williamson for bringing to the attention of the Government and Parliament the concern over the naming of the ward. New section 35A to be inserted by new clause 44A will amend the Order in Council that gave effect to the determination made by the Local Government Commission under the Local Government (Tamaki Makaurau Reorganisation) Act in respect of the wards and local boards for Auckland. The effect of this amendment is to change the names of the Te Irirangi ward and the Te Irirangi local board to the Howick ward and local board—a change that I know will be very warmly received by the people there. Again that is another demonstration of MPs listening to people and the Government and Parliament responding accordingly and I look forward to the support of the Labour Party on that. 
Finally there is a Supplementary Order Paper that will divide the bill into a number of separate bills. Thank you.