Burton Mark: Local Government Law Reform Bill — First Reading 
Burton Mark: Local Government Law Reform Bill — First Reading 
[Volume:630;Page:2511] 
Hon MARK BURTON (Minister of Local Government) 
: 
 I move  
That the Local Government Law Reform Bill be now read a first time. 
 I intend to move at the appropriate time that the bill be considered by the Local Government and Environment Committee and that the committee report the bill by 12 June 2006. The tight time frame for reporting the bill is because some of its provisions need to be enacted by 1 July 2006 if the Government’s policy in relation to the rates rebate scheme is to be fully implemented for the 2006-07 year. 
I am pleased to see that David Carter is so interested in the well-being of ratepayers. He is not showing the least bit of interest in this bill but that is par for the course. 
The purpose of the Local Government Law Reform Bill is to refine the legislative framework within which local authorities operate to reflect recent policy decisions to clarify existing provisions and to improve the effectiveness of regulatory tools. This bill implements some new policy decisions and better reflects past policy decisions. It also clarifies and addresses a range of issues relating to local government legislation that are mostly technical or minor in nature. It does not signal any major new policy initiatives. 
Successive Labour-led Governments have made it a priority to provide a robust and empowering local government framework for councils and communities to operate within. This has involved the development and introduction of legislation such as the Local Government Act 2002 the Local Government (Rating) Act 2002 and the Local Electoral Act 2001. It has also included the introduction of a number of legislative reforms to the Dog Control Act 1996 that are aimed at effective dog control and improved public safety. This comprehensive set of legislative reforms has modernised and revitalised New Zealand’s system of local government. 
The Government has been working collaboratively with the local government sector on the implementation of the local government legislation and it recognises the importance of this in helping to ensure that the legislation is achieving its intent and that its effectiveness is reflected in practice. As a result of this process and as with any major legislative changes and reforms it is not unusual that some issues have arisen that need to be addressed. This Government has an established and a vital working relationship with local government. This has allowed both local and central government to be better informed about each other’s key issues concerns and priorities resulting in improved policy legislation and perhaps most important positive outcomes for our communities. 
In this regard I note that many of the matters proposed for inclusion in this bill have been raised through consultation with the local government sector and arise from submissions made by Local Government New Zealand the Society of Local Government Managers the Local Government Lawyers Group and individual local authorities. I believe that this bill will among other things help to ensure that the legislative framework within which councils and communities operate is clearer and more certain and reflects Government policy for effective local government. 
The bill amends the Rates Rebate Act 1973 to update the definition of rates in order to ensure that uniform annual general charges and postponed rates are eligible for inclusion in the calculation of rebates under the Act. This change will help to ensure equitable treatment between ratepayers in respect of rates liability. The amendment will also ensure that the expansion of the rates rebates scheme from 1 July will appropriately reflect recent changes in rating legislation. 
The bill makes various amendments to the Dog Control Act 1996 including the recognition of dogs trained by the Mobility Assistance Dogs Trust as companion dogs provision for epilepsy assist dogs and the recognition of dogs trained by the New Zealand Epilepsy Assist Dogs Trust for that purpose. 
Hon David Carter 
: What about the database? 
Hon MARK BURTON 
: If that member stayed awake and paid attention he would know that that legislation was passed by the previous Parliament. 
A range of other amendments are also proposed in order to ensure that councils have the appropriate range of tools and enforcement mechanisms for effective dog control and improved public safety. The bill makes various amendments to the Local Government Act 2002 including permitting councils to donate money and resources outside their district or region where it will benefit the district or the sector as a whole or for emergency relief purposes. This recognises the sector’s willingness to engage in all of these areas. 
Other amendments include clarifying processes around the amendment review and revocation of by-laws which will allow justices of the peace to preside over liquor by-law offences in order to reduce court pressures—that is certainly a measure welcomed by my colleague the Minister of Justice—altering the definition of incidental arrangements to enable councils to hedge against exchange rate risk in relation to foreign currency investments and the protection in perpetuity of regional parks. 
 The bill makes amendments to the Local Government Act 1974 to simplify and reduce the costs of dealing with abandoned cars by providing councils with new processes and powers including empowering councils to recover the costs of removal. The bill makes a number of amendments to the Local Government (Rating) Act 2002 including reintroducing valuation provisions that existed prior to 2002 to regularise the processes relating to valuation objections. Other amendments include empowering councils to offer lump-sum contributions as an option for ratepayers and providing transparency by requiring councils to state their definition of the term “separately used or inhabited” in their funding impact statements and in information supplied with rates assessments. 
This bill amends the Land Transport Act 1998 to provide some certainty around the enforcement of bus lanes and transit lanes—a matter of particular interest to Auckland members. The Land Transport Act creates a clear expectation that organisations other than the police such as local authorities would have the right to enforce various aspects of transport law. In fact local authorities in Auckland have been enforcing bus and transit lanes for some time. Recently doubt was cast on the integrity of the provisions in the Land Transport Act on which this enforcement has been based. We are moving quickly therefore to re-establish certainty. 
The provisions in this bill will expire on 1 July 2009 to coincide with the sunset clause contained in the Transport Act 1962 that deals with local authorities’ traffic and parking management powers. The expiry date of the provisions in this bill will allow those powers to be reviewed as part of the development of a new legislative framework to succeed the Transport Act. 
The bill also amends the Litter Act 1979 to clarify that offences under that Act are strict liability offences and to increase the maximum penalties for infringements and offences under that Act to enable councils to better deal with litter offences. The bill also contains a number of minor drafting alterations and corrections clarifications and consequential amendments to some of the Acts I have mentioned and to the Local Electoral Act 2001. It also consequentially repeals redundant references in the Local Government Amendment Act 1992 and the Auckland War Memorial Museum Act 1996. 
These amendments will provide clarity and greater assurance for councils in the administration of the various Acts and should also provide communities with greater certainty in dealings with their local councils. As I noted earlier it is highly desirable that the legislation be enacted by 1 July 2006 if the Government’s policies in relation to the rates rebate scheme are to be fully implemented in time for the 2006-07 financial year. I acknowledge that this is a tight time frame for the committee and I thank the committee in advance for the hard work I know will follow in ensuring that we do meet this time frame.