Local Government Amendment Act (No 2) 1989

1: Short Title and commencement
1: This Act may be cited as the Local Government Amendment Act (No 2) 1989, and shall be read together with and deemed part of The Local Government Act 1974
2: Except as otherwise provided in this Act, this Act shall come into force on the day on which it receives the Royal assent.
2: Interpretation
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8: Subsection (8) repealed 25 September 1989 Local Government Amendment Act (No 3) 1989
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19: The following enactments are hereby consequentially repealed:
a: Section 2(2) of the Local Government Amendment Act 1976
b: So much of Part 1 Local Government Amendment Act (No 3) 1977 Chairman community principal administrative officer section 2(1)
c: Section 2(1) Local Government Amendment Act 1980
d: So much of Part 1 of Schedule 1 to the Local Government Amendment Act (No 2) 1982 section 2(1)
e: Section 2(1) of the Local Government Amendment Act 1988
20: Except as provided in subsection (6)
3: Repeal of part of
Part 1
1: Sections 15 to 37I
2: This section shall come into force on the first day of November 1989.
4: Repeal of balance of
Part 1
1: The provisions of Part 1
2: This section shall come into force on the first day of April 1990.
5: Section 5 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
6: This section repealed Part 2
7: Section 7 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
8: Section 8 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
9: Repeals
1: The following enactments are hereby consequentially repealed, namely,—
a: Section 37A section 2 of the Local Government Amendment Act (No 2) 1977
b: Section 10 Local Government Amendment Act 1980
2: This section shall come into force on the 1st day of November 1989.
10: This section was repealed, as from 10 October 1992, by s 8(2)(a) Local Government Amendment Act 1992
11: Repeal of part of
Part 3
1: Part 3 section 2 Local Government Amendment Act (No 3) 1977 sections 70 to 83
2: Sections 3 to 5 of the Local Government Amendment Act (No 2) 1988
3: This section shall come into force on the 1st day of July 1989.
12: Repeal of part of
Part 3 4
1: Part 3 section 2 Local Government Amendment Act (No 3) 1977 sections 62 63 65 to 69
2: Part 4 section 2 Local Government Amendment Act (No 3) 1977
3: The following enactments are hereby consequentially repealed, namely,—
a: Paragraphs (a) (b) Local Government Amendment Act 1978
b: Section 6 of the Local Government Amendment Act (No 2) 1981
c: Sections 4 and 5 of the Local Government Amendment Act (No 2) 1982
d: Section 3 of the Local Government Amendment Act 1983
e: Sections 6 to 8 Local Government Amendment Act 1986
f: Section 3 Local Government Amendment Act (No 3) 1986
g: Section 2 of the Local Government Amendment Act (No 2) 1988
4: This section shall come into force on the 1st day of November 1989.
13: Section 13 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
14: Section 14 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
15: This section inserted Part 4C ss 101ZZD-101ZZV
16: Savings and revocations
1: Notwithstanding Part 4C section 15(1) section 23 Part 4C
2: Any determination under Part 4C section 15(1) subsection (1)
3: This section shall come into force on the 1st day of July 1989.
17: Repeal of
Part 5
1: Part 5
2: The following enactments are hereby consequentially repealed:
a: So much of Part A Local Government Amendment Act 1979 section 104
b: Section 5 Local Government Amendment Act (No 3) 1986
3: This section shall come into force on the 1st day of November 1989.
18: Section 18 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
19: Repeal of
Part 6
1: Part 6
2: This section shall come into force on the 1st day of November 1989.
20: Section 20 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
21: Repeal of
Part 8
1: Part 8
2: This section shall come into force on the 1st day of April 1990.
22: Repeal of provisions of
Part 12
1: The following enactments are hereby repealed, namely,—
a: Section 201 section 2 Local Government Amendment Act (No 3) 1977
b: Section 202 section 27(1) Local Government Amendment Act 1980 section 14 of the Local Government Amendment Act (No 2) 1982 section 208(1) of the Rating Powers Act 1988
c: Sections 204 to 213 section 2 Local Government Amendment Act (No 3) 1977
d: Section 219 section 2 Local Government Amendment Act (No 3) 1977 section 19 Local Government Amendment Act 1985
e: Section 220 section 2 Local Government Amendment Act (No 3) 1977
f: Section 221 section 29(1) Local Government Amendment Act 1980
g: Section 222 section 2 Local Government Amendment Act (No 3) 1977
h: Section 223 section 2 Local Government Amendment Act (No 3) 1977 section 8(1) Local Government Amendment Act 1979
i: Section 223A section 10 of the Local Government Amendment Act (No 2) 1981
j: So much of Part 1 Local Government Amendment Act 1979 section 223
k: Sections 27(1) 29(1) 30 Local Government Amendment Act 1980
l: Section 10 of the Local Government Amendment Act (No 2) 1981
m: Section 14 of the Local Government Amendment Act (No 2) 1982
n: Section 19 Local Government Amendment Act 1985
o: So much of Schedule 5 to the Rating Powers Act 1988 section 202
p: So much of Schedule 2 Trustee Amendment Act 1988
2: This section shall come into force on the 1st day of July 1990.
23: Repeal of provisions of
Part 12
1: The following enactments are hereby repealed, namely,—
a: Sections 214 214A section 16 Local Government Amendment Act 1985
b: Section 214B section 7 Local Government Amendment Act (No 3) 1986
c: Sections 214C to 214M section 16 Local Government Amendment Act 1985
d: Section 215 section 2 Local Government Amendment Act (No 3) 1977
e: Section 216 section 2 Local Government Amendment Act (No 3) 1977 section 39(1) Local Government Amendment Act 1985
f: Sections 217 218 section 2 Local Government Amendment Act (No 3) 1977
g: Section 16 Local Government Amendment Act 1985
h: So much of Part 1 Local Government Amendment Act 1985 section 216 section 2 Local Government Amendment Act (No 3) 1977
i: Section 7 Local Government Amendment Act (No 3) 1986
2: This section shall come into force on the 1st day of July 1989.
24: Section 24 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
25: Repeal of
Parts 15 16 9
1: Parts 15 16 9
2: The following enactments are hereby consequentially repealed:
a: Section 8 Local Government Amendment Act (No 3) 1986
b: So much of Part A of Schedule 1 to the State-Owned Enterprises Amendment Act 1987 section 243(1) Local Government Act 1974
c: Sections 6 to 8 of the Local Government Amendment Act 1988
3: Notwithstanding the repeal of Schedule 9 subsection (1)
4: This section shall come into force on the 1st day of November 1989.
26: Section 26 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
27: Section 27 repealed 1 July 1992 32(2) Local Government Amendment Act 1992
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29: This section repealed Parts 18 19 41
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32: Section 32 repealed 1 July 1992 37(2)(d) Local Government Amendment Act 1992
33: Section 33 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
34: Section 34 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
35: Section 35 repealed 1 April 1993 Income Tax Amendment Act (No 2) 1993 Income Tax Act 1994
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37: Section 37 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
38: Section 38 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
39: Section 39 repealed 25 December 2002 267(b) Local Government Act 2002 See sections 273 to 314
40: Section 40 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
41: Power to substitute new
Schedule 1
1: The Governor-General shall, before the 1st day of November 1989, make an Order in Council revoking Schedule 1
2: The new Schedule 1
3: Regional councils shall be named in Part 1
4: District councils shall be named in Part 2
5: City councils shall be named in Part 3
6: Special purposes authorities shall be named in Part 4
7: The Order in Council made under this section shall come into force on the 1st day of November 1989.
8: As from the commencement of the 1st day of November 1989, the following enactments are hereby repealed:
a: Section 2(1) of, and the Schedule to, the Local Government Amendment Act 1976
b: So much of Schedule 2 Reserves Act 1977
c: Section 120(6) of the Noxious Plants Act 1978
d: So much of Schedule 2 Local Government Amendment Act 1979 Schedule 1
e: Section 52 Local Government Amendment Act 1980
f: Section 19(5) Auckland Aotea Centre Empowering Act 1985
g: So much of the Schedule to the Airport Authorities Amendment Act 1986
h: Section 12 of the Local Government Amendment Act (No 3) 1988
9: Nothing in this section limits the provisions of section 2(2)
42: Repeal of
Schedule 2
1: The principal Act is hereby amended by repealing Schedule 2 section 4(1) of the Local Government Amendment Act (No 2) 1977
2: The following enactments are hereby consequentially repealed:
a: So much of Schedule 2 Local Government Amendment Act 1979 Schedule 2
b: So much of Schedule 2 to the Civil Defence Act 1983
3: This section shall come into force on the 1st day of November 1989.
43: Repeal of
Schedule 3
1: The principal Act is hereby amended by repealing Schedule 3 section 13 of the Local Government Amendment Act (No 3) 1988
2: Section 13 of, and Schedule 3 to, the Local Government Amendment Act (No 3) 1988
3: This section shall come into force on the 1st day of November 1989.
44: Section 44 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
45: Section 45 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
46: Section 46 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
47: Sections 47–49 repealed 1 November 1989 3(1) Local Government Amendment Act (No 2) 1989
48: Sections 47–49 repealed 1 November 1989 3(1) Local Government Amendment Act (No 2) 1989
49: Sections 47–49 repealed 1 November 1989 3(1) Local Government Amendment Act (No 2) 1989
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51: Section 51 repealed 25 September 1989 Local Government Amendment Act (No 3) 1989
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55: Repeal of Local Authorities (Employment Protection) Act 1963
1: The Local Authorities (Employment Protection) Act 1963
2: This section shall come into force on the 1st day of November 1990.
3: Notwithstanding the repeal of the Local Authorities (Employment Protection) Act 1963 subsection (1)
56: Winding up of operations of Joint Council for Local Authorities Services
Having regard to the provisions of section 57
a: Shall do all in its power to provide for the winding up of the Council and, in particular, for securing the payment of all money owed by and the recovery of debts due to the Council; and
b: Shall cause to be prepared final accounts of the Council as at the close of the 31st day of December 1989.
57: Dissolution of Joint Council for Local Authorities Services
On the 1st day of January 1990—
a: The Joint Council for Local Authorities Services shall be dissolved and the term of office of every member of the Council shall cease:
b: All real and personal property held by the Joint Council for Local Authorities Services shall, subject to section 58
c: All money payable to the Joint Council for Local Authorities Services shall become payable to the Crown:
d: All rights, constraints, obligations, and liabilities of the Joint Council for Local Authorities Services shall become the rights, constraints, obligations, and liabilities of the Crown:
e: All proceedings pending by or against the Joint Council for Local Authorities Services may be carried on, completed, or enforced by or against the Crown:
f: The Joint Council for Local Authorities Services Act 1977 Joint Council for Local Authorities Services Amendment Act 1978
g: So much of Schedule 17 section 6 Local Government Amendment Act 1979 Local Authorities Services Act 1977
h: So much of Schedule 2 Higher Salaries Commission Amendment Act (No 2) 1985 Local Authorities Services Act 1977
i: The Joint Council for Local Authorities Services (Levy) Order 1988 shall be revoked.
58: Distribution of surplus funds
1: The Minister of Local Government may, after discharging or making due provision for the liabilities of the Joint Council for Local Authorities Services, direct that the surplus funds of the Council be paid to the local authorities specified, or belonging to a class of local authorities specified, on the 31st day of December 1989, in Schedule 2 to the Joint Council for Local Authorities Services Act 1977
2: Any amount paid to a local authority under subsection (1) section 20 of the Joint Council for Local Authorities Services Act 1977
59: Apportionment of liabilities
1: Notwithstanding anything in section 57(d) subsection (2) Schedule 2 to the Joint Council for Local Authorities Services Act 1977
2: The amount that a local authority is liable to contribute under subsection (1) section 20 of the Joint Council for Local Authorities Services Act 1977
3: All money payable under this section shall be payable to the Crown. Transitional provisions
60: Apportionment of assets and liabilities arising from reform of local government
1: Notwithstanding section 37E section 8 of the Local Government Amendment Act (No 3) 1988 clauses 27 to 31 section 45(1) section 15B
2: In order to assist the transitional committees in the performance of their functions under this section, the local authorities affected by the Order shall make all relevant information available to the transitional committees and may make recommendations concerning the apportionment of assets and liabilities.
3: Any agreement entered into under subsection (1)
4: If an agreement is not entered into before the 30th day of September 1989, any transitional committee affected may require that the matter be referred to arbitration.
5: Where any transitional committee so refers any matter,—
a: One assessor shall be appointed by each transitional committee affected; and
b: The assessors shall, within 7 days after their appointment, and before entering upon their reference, appoint a person to act as arbitrator as between the assessors.
6: Any matters upon which the assessors cannot reach agreement shall be referred from time to time to the arbitrator for decision and that decision shall form part of the assessors' determination.
7: In the exercise of their powers under this section, the assessors may identify the assets and liabilities to be transferred, which assets and liabilities shall include all amounts and items that ought properly to be treated as being of the same character irrespective of how they may be described in the accounts or records of any local authority.
8: The determination of the assessors shall be final and shall have the same force as if it were an agreement between the transitional committees affected.
9: Every person having the possession or custody of any relevant books, papers, accounts, or documents shall allow the assessors and the arbitrator to have access thereto for the purposes of this section. Sections 15B 37E (1) repealed 1 November 1989 3(1) Local Government Amendment Act (No 2) 1989
61: Continuation of matters under Town and Country Planning Act 1977
1: Subject to any provision made by the Commission pursuant to section 35(1)(f) Town and Country Planning Act 1977 section 15B
a: Those local authorities were the same local authorities; and
b: The planning scheme of any local authority that is abolished by any such final reorganisation scheme were a planning scheme adopted by the successor local authority.
2: This section shall have effect notwithstanding anything in clause 10 clause 21 section 45(1)
62: Certain local authorities deemed to have functions, duties, and powers of transitional committees
Where any final reorganisation scheme prepared under section 15B
63: Section 63 repealed 1 July 1991 2(2) Local Government Amendment Act 1991