Local Government (Community Well-being) Amendment Act 2019

1: Title
This Act is the Local Government (Community Well-being) Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Local Government Act 2002 principal Act 2019-05-14 Local Government Act 2002
1: Reinstatement of 4 aspects of community well-being
4: Section 3 amended (Purpose)
Replace section 3(d)
d: provides for local authorities to play a broad role in promoting the social, economic, environmental, and cultural well-being of their communities, taking a sustainable development approach.
5: Section 5 amended (Interpretation)
1: In section 5(1) community outcomes community outcomes
2: In section 5(1) good-quality good-quality
a: efficient; and
b: effective; and
c: appropriate to present and anticipated future circumstances
3: In section 5(1) significance
a: the current and future social, economic, environmental, or cultural well-being of the district or region:
6: Section 10 amended (Purpose of local government)
1: Replace section 10(1)﻿(b)
b: to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.
2: Repeal section 10(2)
7: Section 14 amended (Principles relating to local authorities)
1: Replace section 14(1)﻿(c)﻿(iii)
iii: the likely impact of any decision on each aspect of well-being referred to in section 10:
2: In section 14(1)﻿(h)﻿(i) interests well-being
3: In section 14(2) principles , or any aspects of well-being referred to in section 10, are in
8: Section 101 amended (Financial management)
Replace section 101(3)﻿(b)
b: the overall impact of any allocation of liability for revenue needs on the current and future social, economic, environmental, and cultural well-being of the community.
9: Schedule 10 amended
1: In Schedule 10, replace clause 2(1)﻿(c)
c: outline any significant negative effects that any activity within the group of activities may have on the social, economic, environmental, or cultural well-being of the local community:
2: In Schedule 10, replace clause 23(d)
d: describe any identified effects that any activity within the group of activities has had on the social, economic, environmental, or cultural well-being of the community.
2: Other amendments
10: Section 11A repealed (Core services to be considered in performing role)
Repeal section 11A
11: Section 197 amended (Interpretation)
In section 197(2) community infrastructure community infrastructure
a: means land, or development assets on land, owned or controlled by the territorial authority for the purpose of providing public amenities; and
b: includes land that the territorial authority will acquire for that purpose
12: Section 198A repealed (Restrictions on power to require contributions for reserves)
Repeal section 198A
13: Section 200 amended (Limitations applying to requirement for development contribution)
After section 200(4)
5: Subsection (6) applies if a territorial authority or a council-controlled organisation has entered a funding agreement with the New Zealand Transport Agency under which—
a: a specified amount of additional financial assistance is to be provided from the national land transport fund to the territorial authority or the council-controlled organisation to fund a specified network infrastructure project; and
b: that specified amount of additional financial assistance is to be offset by reduced funding for 1 or more other projects or programmes.
6: If this subsection applies, the specified amount of additional financial assistance must not be treated as third-party funding for the purposes of subsection (1)﻿(c).
7: Subsection (8) applies if a funding agreement referred to in subsection (5)—
a: provides for some or all of the specified amount of additional financial assistance to be offset by the provision of a reduced amount of financial assistance for 1 or more other network infrastructure projects; and
b: specifies the amount of financial assistance for each other network infrastructure project that would otherwise have been provided.
8: If this subsection applies, to the extent that a network infrastructure project receives a reduced amount of financial assistance, subsection (1)﻿(c) applies as if the amount of financial assistance provided for that project were the amount that would otherwise have been provided, and not the reduced amount.
9: In this section, additional financial assistance
10: Subsections (5) to (9) prevail over subsection (1)﻿(c).
14: Schedule 1AA amended
1: Replace the Schedule 1AA
1AA: s 8A Application, savings, and transitional provisions
2: In Schedule 1AA, before clause 1 Part 1
3: In Schedule 1AA, repeal clause 8
4: In Schedule 1AA, after clause 13 Part 2