Local Government Act 2002

1: Title
This Act is the Local Government Act 2002.
2: Commencement
1: Sections 5 6 7 subparts 1 to 3 subpart 2 sections 138 267 268 271 275 276 278 279 281 282 284 287 288 312 Schedules 10 11
2: The rest of this Act comes into force on 1 July 2003.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to provide for democratic and effective local government that recognises the diversity of New Zealand communities; and, to that end, this Act—
a: states the purpose of local government; and
b: provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them; and
c: promotes the accountability of local authorities to their communities; and
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. Section 3(d) replaced 14 May 2019 section 4 Local Government (Community Well-being) Amendment Act 2019
4: Treaty of Waitangi
In order to recognise and respect the Crown's responsibility to take appropriate account of the principles of the Treaty of Waitangi Parts 2 6
5: Interpretation
1: In this Act, unless the context otherwise requires,— activity
a: means goods or a service provided by, or on behalf of, a local authority or a council-controlled organisation; and
b: includes—
i: the provision of facilities and amenities; and
ii: the making of grants; and
iii: the performance of regulatory and other governmental functions; and
c: also includes, in section 106 subpart 5 Schedule 13 section 90 affected
a: in relation to a local authority, means a local authority whose district or region is or contains an affected area:
b: in relation to a territorial authority, means a territorial authority whose district is or contains an affected area affected area clause 2 annual plan section 95 bylaw capital project section 5 capital value section 2 Commission
a: other than in Part 10 section 28
b: in Part 10 section 256 committee
a: a committee comprising all the members of that local authority; and
b: a standing committee or special committee appointed by that local authority; and
c: a joint committee appointed under clause 30
d: any subcommittee of a committee described in paragraph (a) or paragraph (b) or paragraph (c) community Schedule 6 community board section 49 community facilities section 197(2) community outcomes council-controlled organisation section 6 council-controlled trading organisation section 6 council organisation section 6 development contribution section 197(2) development contribution policy section 197(2) discretionary function section 12(2) district enforcement officer eligible infrastructure section 8 equity security section 8 financial year generally accepted accounting practice section 8 Financial Reporting Act 2013 good-quality
a: efficient; and
b: effective; and
c: appropriate to present and anticipated future circumstances governing body
a: in the case of a regional council, means the body described in section 41(1)
b: in the case of a territorial authority, means the body described in section 41(2) group of activities Internet site land value section 2 levy area section 7 levy order section 7 local authority local board
a: a local board established by Order in Council under section 25
b: a local board established under section 10 local board agreement
a: an agreement referred to in section 48O
b: an agreement specified in section 21 local board area
a: an area specified by Order in Council under section 25
b: an area specified by Order in Council under section 35 local board funding allocation
a: the unitary authority's local boards funding policy adopted under section 48M
b: the Auckland Council's local boards funding policy adopted under section 19 local board plan
a: section 48N
b: section 20 local government organisation section 124 long-term plan section 93 lump sum contribution section 5 mayor Local Electoral Act 2001 member
a: in relation to a community board, means a member appointed to that board or elected to that board under the Local Electoral Act 2001
b: in relation to the Commission, means a member of the Local Government Commission:
c: in relation to a local authority, means a member of the governing body of the local authority elected under the Local Electoral Act 2001
ca: in relation to a local board, means a member appointed to that board or elected to that board under the Local Electoral Act 2001
d: in relation to a regional council, means a member of the governing body of the regional council elected under the Local Electoral Act 2001
e: in relation to a territorial authority, means a member of the governing body of the territorial authority elected under the Local Electoral Act 2001 Minister natural hazard section 2(1) network infrastructure section 197(2) operating expenses operating revenues pecuniary interest pecuniary interest return section 54C permanent committee protected Māori land section 11 public notice
a: is made publicly available, until any opportunity for review or appeal in relation to the matter notified has lapsed, on the local authority’s Internet site; and
b: is published in at least—
i: 1 daily newspaper circulating in the region or district of the local authority; or
ii: 1 or more other newspapers that have a combined circulation in that region or district at least equivalent to that of a daily newspaper circulating in that region or district publicly available or other information rating unit Rating Valuations Act 1998 region
a: means the region of a regional council; and
b: includes the district of a territorial authority, if the territorial authority is a unitary authority regional council Part 1 remuneration and employment policy clause 36A reorganisation implementation scheme clause 2 reorganisation plan clause 2 reserve fund resource consent section 197(2) Secretary significance
a: the current and future social, economic, environmental, or cultural well-being of the district or region:
b: any persons who are likely to be particularly affected by, or interested in, the issue, proposal, decision, or matter:
c: the capacity of the local authority to perform its role, and the financial and other costs of doing so significant special consultative procedure section 83 SPV Infrastructure Funding and Financing Act 2020 statutory obligation strategic asset
a: any asset or group of assets listed in accordance with section 76AA(3)
b: any land or building owned by the local authority and required to maintain the local authority's capacity to provide affordable housing as part of its social policy; and
c: any equity securities held by the local authority in—
i: a port company within the meaning of the Port Companies Act 1988
ii: an airport company within the meaning of the Airport Authorities Act 1966 territorial authority Part 2 unitary authority
a: the provisions of any Act; or
b: an Order in Council giving effect to a reorganisation plan wastewater section 124 water race
a: constructed—
i: by or under the authority of a local authority:
ii: in, upon, or through land for the supply of water; and
b: to be used—
i: solely or principally for farming purposes; or
ii: in the case of an existing water race, for any other purpose for which water from that water race may be used at the commencement of this section; and
c: includes—
i: a branch of a water race taken or made through land for the purpose of supplying water as referred to in paragraph (b); and
ii: an alteration, extension, or widening of a water race or branch water race, whether done by the local authority or by any person with the approval of the local authority; and
iii: a flood or other bank, or a dam, sluice, flume, bridge, gauge, meter, reservoir, or other waterworks relating to, or forming part of, a water race; and
iv: buildings and machinery, pipes, and other materials on the land and within the limits of a water race or relating to, or used in connection with, a water race waterworks
a: rivers, streams, lakes, waters, and underground waters, and rights relating to these; and
b: land, watershed, catchment, and water collection areas; and
c: if vested in a local government organisation, or acquired, constructed, or operated by, or under the control of, a local government organisation,—
i: reservoirs, dams, bores, tanks, and pipes; and
ii: buildings, machinery, and appliances working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
d: a day in the period commencing with 20 December in any year and ending with 10 January in the following year.
2: The meaning given to the term community
a: section 3
b: the definition of the term long-term
c: any of the provisions of Parts 2 6
d: any of the provisions of Schedules 10 11
e: any other provisions of this Act in respect of which the context otherwise requires.
3: If a local authority or a council-controlled organisation is required under this Act to make a document or other information publicly available, it must take reasonable steps to—
a: ensure that the document or other information or a copy of the document or other information is accessible to the general public in a manner appropriate to the purpose of the document or other information, including, where practicable, on the local authority’s Internet site
b: publicise, in a manner appropriate to the purpose and significance of the document or other information, both the fact that the document or other information is available and the manner in which the document or other information may be accessed. Section 5(1) activity replaced 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 5(1) affected replaced 8 August 2014 section 4(2) Local Government Act 2002 Amendment Act 2014 Section 5(1) affected area inserted 5 December 2012 section 5(9) Local Government Act 2002 Amendment Act 2012 Section 5(1) bylaw inserted 28 June 2006 section 4(1) Local Government Act 2002 Amendment Act 2006 Section 5(1) capital project inserted 28 June 2006 section 15(1) Local Government (Rating) Amendment Act 2006 Section 5(1) capital value inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) Commission replaced 5 December 2012 section 5(1) Local Government Act 2002 Amendment Act 2012 Section 5(1) community facilities substituted 28 June 2006 section 4(2) Local Government Act 2002 Amendment Act 2006 Section 5(1) community facilities amended 5 December 2012 section 5(2) Local Government Act 2002 Amendment Act 2012 Section 5(1) community infrastructure repealed 8 August 2014 section 4(3) Local Government Act 2002 Amendment Act 2014 Section 5(1) community outcomes replaced 14 May 2019 section 5(1) Local Government (Community Well-being) Amendment Act 2019 Section 5(1) development contribution amended 5 December 2012 section 5(5) Local Government Act 2002 Amendment Act 2012 Section 5(1) development contribution policy amended 5 December 2012 section 5(6) Local Government Act 2002 Amendment Act 2012 Section 5(1) discretionary function inserted 22 October 2019 section 4(1) Local Government Act 2002 Amendment Act 2019 Section 5(1) eligible infrastructure inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 5(1) equity security replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 5(1) generally accepted accounting practice replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 5(1) good-quality replaced 14 May 2019 section 5(2) Local Government (Community Well-being) Amendment Act 2019 Section 5(1) governing body inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) Internet site inserted 21 March 2019 section 14(1) Local Government Regulatory Systems Amendment Act 2019 Section 5(1) land value inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) levy area inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 5(1) levy order inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 5(1) local board inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) local board agreement inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) local board area inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) local board funding allocation inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) local board plan inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) long-term council community plan repealed 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 5(1) long-term plan inserted 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 5(1) lump sum contribution inserted 28 June 2006 section 15(1) Local Government (Rating) Amendment Act 2006 Section 5(1) member inserted 8 August 2014 section 4(4) Local Government Act 2002 Amendment Act 2014 Section 5(1) natural hazard inserted 27 November 2010 section 4(2) Local Government Act 2002 Amendment Act 2010 Section 5(1) network assets of Watercare Services Limited repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) network infrastructure amended 5 December 2012 section 5(7) Local Government Act 2002 Amendment Act 2012 Section 5(1) pecuniary interest inserted 20 November 2022 section 5 Local Government (Pecuniary Interests Register) Amendment Act 2022 Section 5(1) pecuniary interest return inserted 20 November 2022 section 5 Local Government (Pecuniary Interests Register) Amendment Act 2022 Section 5(1) permanent committee inserted 22 October 2019 section 4(1) Local Government Act 2002 Amendment Act 2019 Section 5(1) protected Māori land inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 5(1) public notice replaced 21 March 2019 section 14(2) Local Government Regulatory Systems Amendment Act 2019 Section 5(1) publicly available amended 8 August 2014 section 4(5) Local Government Act 2002 Amendment Act 2014 Section 5(1) rating unit inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) remuneration and employment policy inserted 5 December 2012 section 5(9) Local Government Act 2002 Amendment Act 2012 Section 5(1) reorganisation implementation scheme inserted 22 October 2019 section 4(1) Local Government Act 2002 Amendment Act 2019 Section 5(1) reorganisation plan inserted 22 October 2019 section 4(1) Local Government Act 2002 Amendment Act 2019 Section 5(1) reorganisation proposal repealed 5 December 2012 section 5(10) Local Government Act 2002 Amendment Act 2012 Section 5(1) reorganisation scheme repealed 5 December 2012 section 5(10) Local Government Act 2002 Amendment Act 2012 Section 5(1) reserve fund inserted 27 November 2010 section 4(2) Local Government Act 2002 Amendment Act 2010 Section 5(1) resource consent inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) significance replaced 14 May 2019 section 5(3) Local Government (Community Well-being) Amendment Act 2019 Section 5(1) SPV inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 5(1) statutory obligation inserted 8 August 2014 section 4(1) Local Government Act 2002 Amendment Act 2014 Section 5(1) strategic asset amended 8 August 2014 section 4(6) Local Government Act 2002 Amendment Act 2014 Section 5(1) unitary authority amended 22 October 2019 section 4(2) Local Government Act 2002 Amendment Act 2019 Section 5(1) waterworks substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) working day replaced 21 March 2019 section 14(3) Local Government Regulatory Systems Amendment Act 2019 Section 5(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 5(2)﻿(b) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 5(3) replaced 8 August 2014 section 4(7) Local Government Act 2002 Amendment Act 2014 Section 5(3)﻿(a) amended 21 March 2019 section 14(4) Local Government Regulatory Systems Amendment Act 2019
5A: Temporary definition of public notice as result of outbreak of COVID-19
2020-11-01 Local Government Act 2002 Section 5A repealed Section 5A repealed 1 November 2020
6: Meaning of council-controlled organisation and council organisation
1: In this Act, unless the context otherwise requires,— council-controlled organisation
a: a company—
i: in which equity securities carrying 50% or more of the voting rights at a meeting of the shareholders of the company are—
A: held by 1 or more local authorities; or
B: controlled, directly or indirectly, by 1 or more local authorities; or
ii: in which 1 or more local authorities have the right, directly or indirectly, to appoint 50% or more of the directors of the company; or
b: an entity
i: control, directly or indirectly, of 50% or more of the votes at any meeting of the members or controlling body of the entity
ii: the right, directly or indirectly, to appoint 50% or more of the trustees, directors, or managers (however described) of the entity council-controlled trading organisation council organisation
a: a company—
i: in which equity securities carrying voting rights at a meeting of the shareholders of the company are—
A: held by 1 or more local authorities; or
B: controlled, directly or indirectly, by 1 or more local authorities; or
ii: in which 1 or more local authorities have the right, directly or indirectly, to appoint 1 or more of the directors (however described) of the company
b: an entity
i: control, directly or indirectly, of 1 or more of the votes at any meeting of the members or controlling body of the entity
ii: the right, directly or indirectly, to appoint 1 or more of the trustees, directors, or managers (however described) of the entity
2: For the purposes of subsection (1), entity
3: If a council organisation is not a company, references in this Act, in relation to the council organisation, to—
a: equity securities include any form of voting rights in that organisation; and
b: the directors and the board include trustees, managers, or office holders (however described in that organisation); and
c: shareholders include any persons with an interest or right in the entity that is comparable to the rights of a shareholder in a company, for example, partners, joint venture partners, members, or other persons holding equity securities in relation to that organisation; and
d: the constitution include any rules or other documents constituting that organisation or governing its activities; and
e: subsidiaries include any entity that would be a council-controlled organisation if the references to local authority local authorities council-controlled organisation council-controlled organisations
4: The following entities are not council-controlled organisations:
a: a body corporate that carries on an electricity business (whether or not that business is its principal or only business) or a trust that is constituted for purposes which include owning or controlling, directly or indirectly, all or part of an electricity company that carries on that business; or
b: an energy company within the meaning of the Energy Companies Act 1992
c: a port company or subsidiary of a port company within the meaning of the Port Companies Act 1988
ca: a company in which a port company (within the meaning of the Port Companies Act 1988
d:
e: New Zealand Local Government Association Incorporated; or
f: New Zealand Local Government Insurance Corporation Limited and its subsidiaries; or
g:
h: a company or other organisation (as defined in subsection (2)) of which the New Zealand Local Government Association Incorporated has control directly or indirectly by whatever means; or
i: an organisation exempted under section 7
5: In this section, terms not defined in this Act, but defined in the Companies Act 1993 1974 No 66 s 594B Section 6(1) council-controlled organisation amended 7 July 2004 section 3(1) Local Government Act 2002 Amendment Act 2004 Section 6(1) council-controlled organisation amended 7 July 2004 section 3(1) Local Government Act 2002 Amendment Act 2004 Section 6(1) council-controlled organisation amended 7 July 2004 section 3(1) Local Government Act 2002 Amendment Act 2004 Section 6(1) council organisation amended 7 July 2004 section 3(2) Local Government Act 2002 Amendment Act 2004 Section 6(1) council organisation amended 7 July 2004 section 3(3) Local Government Act 2002 Amendment Act 2004 Section 6(1) council organisation amended 7 July 2004 section 3(3) Local Government Act 2002 Amendment Act 2004 Section 6(1) council organisation amended 7 July 2004 section 3(3) Local Government Act 2002 Amendment Act 2004 Section 6(2) amended 7 July 2004 section 3(4) Local Government Act 2002 Amendment Act 2004 Section 6(3)﻿(c) replaced 22 October 2019 section 5 Local Government Act 2002 Amendment Act 2019 Section 6(4)﻿(a) substituted 1 November 2010 section 166 Electricity Industry Act 2010 Section 6(4)﻿(ca) inserted 7 July 2004 section 3(5) Local Government Act 2002 Amendment Act 2004 Section 6(4)﻿(d) repealed 1 July 2004 section 48(1)﻿(b) Local Government (Auckland) Amendment Act 2004 Section 6(4)﻿(g) repealed 1 July 2012 section 113(2) Local Government (Auckland Transitional Provisions) Act 2010
7: Exempted organisations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, exempt an organisation section 6(4)﻿(i)
2: The Minister may make a recommendation only if—
a: the organisation is subject to monitoring and reporting requirements under an enactment; and
b: in the Minister's opinion, the organisation's accountability under that enactment is of a similar nature and effect to that required of a council-controlled organisation under this Act.
3: A local authority may, after having taken account of the matters specified in subsection (5), exempt a small organisation that is not a council-controlled trading organisation, for the purposes of section 6(4)﻿(i)
4: An exemption must be granted by resolution of the local authority.
5: The matters are—
a: the nature and scope of the activities provided by the organisation; and
b: the costs and benefits, if an exemption is granted, to the local authority, the council-controlled organisation, and the community.
6: A local authority must review an exemption it has granted—
a: within 3 years after it is granted; and
b: after the first review, not more than 3 years following the last review under this section.
7: A local authority may, at any time, revoke an exemption it has granted.
8: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(1) amended 28 June 2006 section 5(1) Local Government Act 2002 Amendment Act 2006 Section 7(2) substituted 28 June 2006 section 5(2) Local Government Act 2002 Amendment Act 2006 Section 7(6)﻿(b) replaced 8 August 2014 section 5 Local Government Act 2002 Amendment Act 2014 Section 7(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Act binds the Crown
1: Except as provided in subsections (2) and (3), this Act does not bind the Crown.
2: The following provisions of this Act bind the Crown:
a: section 22 subpart 4
b: Part 3 Schedules 4 5 6
c: Part 10 (which relates
3: Subpart 1 sections 153 154
4: Except as provided in subsections (2) and (3), this Act, and the regulations and bylaws made under it, apply to the interest of any lessee, licensee, or other person claiming an interest in any property of the Crown in the same manner as they apply to private property.
5: A local authority or person or body of persons (whether incorporated or not) appointed, under section 28 Section 8(2)﻿(c) amended 5 December 2012 section 6 Local Government Act 2002 Amendment Act 2012
8A: Provisions affecting application of amendments to this Act
The transitional, savings, and related provisions set out in Schedule 1AA Section 8A inserted 8 August 2014 section 6 Local Government Act 2002 Amendment Act 2014
2: Purpose of local government, and role and powers of local authorities
9: Outline of Part
This Part—
a: states the purpose of local government; and
b: states the role and powers of local authorities.
1: Purpose of local government
10: Purpose of local government
1: The purpose of local government is—
a: to enable democratic local decision-making and action by, and on behalf of, communities; and
b: to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.
2: Section 10(1)﻿(b) replaced 14 May 2019 section 6(1) Local Government (Community Well-being) Amendment Act 2019 Section 10(2) repealed 14 May 2019 section 6(2) Local Government (Community Well-being) Amendment Act 2019
2: Role of local authorities and related matters
11: Role of local authority
The role of a local authority is to—
a: give effect, in relation to its district or region, to the purpose of local government stated in section 10
b: perform the duties, and exercise the rights, conferred on it by or under this Act and any other enactment.
11A: Core services to be considered in performing role
Section 11A repealed 14 May 2019 section 10 Local Government (Community Well-being) Amendment Act 2019
12: Status and powers
1: A local authority is a body corporate with perpetual succession.
2: For the purposes of performing its role, a local authority has—
a: full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
3: Subsection (2) is subject to this Act, any other enactment, and the general law.
4: A territorial authority must exercise its powers under this section wholly or principally for the benefit of its district.
5: A regional council must exercise its powers under this section wholly or principally for the benefit of all or a significant part of its region, and not for the benefit of a single district.
6: Subsections (4) and (5) do not—
a: prevent 2 or more local authorities engaging in a joint undertaking, a joint activity, or a co-operative activity; or
b: prevent a transfer of responsibility from one local authority to another in accordance with this Act; or
c: restrict the activities of a council-controlled organisation ; or
d: prevent a local authority from making a donation (whether of money, resources, or otherwise) to another local authority or to a person or organisation outside its district or region or outside New Zealand—
i: if the local authority considers, on reasonable grounds, that the donation will benefit its district or region, or the communities within its district or region; or
ii: if the local authority considers, on reasonable grounds, that a benefit will be conferred on the local government sector as a whole; or
iii: for emergency relief; or
e: prevent a local authority from making a donation (whether of money, resources, or otherwise) to a local government body outside New Zealand to enable it to share its experience and expertise with that body. Section 12(6)﻿(c) amended 28 June 2006 section 6 Local Government Act 2002 Amendment Act 2006 Section 12(6)﻿(d) added 28 June 2006 section 6 Local Government Act 2002 Amendment Act 2006 Section 12(6)﻿(e) added 28 June 2006 section 6 Local Government Act 2002 Amendment Act 2006
13: Performance of functions under other enactments
Sections 10 12(2)
14: Principles relating to local authorities
1: In performing its role, a local authority must act in accordance with the following principles:
a: a local authority should—
i: conduct its business in an open, transparent, and democratically accountable manner; and
ii: give effect to its identified priorities and desired outcomes in an efficient and effective manner:
b: a local authority should make itself aware of, and should have regard to, the views of all of its communities; and
c: when making a decision, a local authority should take account of—
i: the diversity of the community, and the community's interests, within its district or region; and
ii: the interests of future as well as current communities; and
iii: the likely impact of any decision on each aspect of well-being referred to in section 10
d: a local authority should provide opportunities for Māori to contribute to its decision-making processes:
e: a local authority should actively seek to collaborate and co-operate with other local authorities and bodies to improve the effectiveness and efficiency with which it achieves its identified priorities and desired outcomes; and
f: a local authority should undertake any commercial transactions in accordance with sound business practices; and
fa: a local authority should periodically—
i: assess the expected returns to the authority from investing in, or undertaking, a commercial activity; and
ii: satisfy itself that the expected returns are likely to outweigh the risks inherent in the investment or activity; and
g: a local authority should ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region, including by planning effectively for the future management of its assets; and
h: in taking a sustainable development approach, a local authority should take into account—
i: the social, economic, and cultural well-being
ii: the need to maintain and enhance the quality of the environment; and
iii: the reasonably foreseeable needs of future generations.
2: If any of these principles , or any aspects of well-being referred to in section 10 Section 14(1)﻿(c)﻿(iii) replaced 14 May 2019 section 7(1) Local Government (Community Well-being) Amendment Act 2019 Section 14(1)﻿(e) replaced 8 August 2014 section 8(1) Local Government Act 2002 Amendment Act 2014 Section 14(1)﻿(fa) inserted 27 November 2010 section 6 Local Government Act 2002 Amendment Act 2010 Section 14(1)﻿(g) replaced 8 August 2014 section 8(2) Local Government Act 2002 Amendment Act 2014 Section 14(1)﻿(h)﻿(i) amended 14 May 2019 section 7(2) Local Government (Community Well-being) Amendment Act 2019 Section 14(2) amended 14 May 2019 section 7(3) Local Government (Community Well-being) Amendment Act 2019 Section 14(2) amended 5 December 2012 section 8(3) Local Government Act 2002 Amendment Act 2012
3: Co-ordination of responsibilities of local authorities
15: Triennial agreements
1: Not later than 1 March after each triennial general election of members, all local authorities within each region must enter into an agreement under this section covering the period until the next triennial general election of members.
2: An agreement under this section must include—
a: protocols for communication and co-ordination among the local authorities; and
b: a statement of the process by which the local authorities will comply with section 16
c: processes and protocols through which all local authorities can participate in identifying, delivering, and funding facilities and services of significance to more than 1 district.
3: An agreement under this section may also include—
a: commitments by local authorities within the region to establish or continue 1 or more joint committees or other joint governance arrangements to give better effect to 1 or more of the matters referred to in subsection (2); and
b: the matters to be included in the terms of reference for any such committees or arrangements, including any delegations.
4: An agreement under this section may be varied by agreement between all the local authorities within the region.
5: An agreement under this section remains in force until it is replaced by another agreement.
6: If a decision of a local authority is significantly inconsistent with, or is expected to have consequences that will be significantly inconsistent with, the agreement under this section that is currently in force within the region, the local authority must, when making the decision, clearly identify—
a: the inconsistency; and
b: the reasons for the inconsistency; and
c: any intention of the local authority to seek an amendment to the agreement under subsection (4).
7: As soon as practicable after making any decision to which subsection (6) applies, the local authority must give to each of the other local authorities within the region notice of the decision and of the matters specified in that subsection. Section 15 replaced 8 August 2014 section 9 Local Government Act 2002 Amendment Act 2014
16: Significant new activities proposed by regional council
1: This section applies if,—
a: in the exercise of its powers under section 12(2)
b: a regional council-controlled organisation proposes to undertake a significant new activity; and
c: in either case, 1 or more territorial authorities in the region of the regional council—
i: are already undertaking the significant new activity; or
ii: have notified their intention to do so in their long-term
2: When this section applies, the regional council—
a: must advise all the territorial authorities within its region and the Minister of the proposal and the reasons for it; and
b: must include the proposal in the consultation document referred to in section 93A
3: A proposal included in the consultation document referred to in section 93A
a: the reasons for the proposal; and
b: the expected effects of the proposal on the activities of the territorial authorities within the region; and
c: the objections raised by those territorial authorities, if any.
4: If, after complying with subsection (2), the regional council indicates that it intends to continue with the proposal, but agreement is not reached on the proposal among the regional council and all of the affected territorial authorities, either the regional council or 1 or more of the affected territorial authorities may submit the matter to mediation.
5: Mediation must be by a mediator or a mediation process—
a: agreed to by the relevant local authorities; or
b: in the absence of an agreement, as specified by the Minister.
6: If mediation is unsuccessful, either the regional council or 1 or more affected territorial authorities may ask the Minister to make a binding decision on the proposal.
7: Before making a binding decision, the Minister must—
a: seek and consider the advice of the Commission; and
b: consult with other Ministers whose responsibilities may be affected by the proposal.
8: This section does not apply to—
a: a proposal by a regional council to establish, own, or operate a park for the benefit of its region; or
b: a proposal to transfer responsibilities; or
c: a proposal to transfer bylaw-making powers; or
d: a reorganisation Schedule 3
e: a proposal to undertake an activity or enter into an undertaking jointly with the Crown.
9: For the purposes of this section,— affected territorial authority
a: the district of which is wholly or partly in the region of a regional council; and
b: that undertakes, or has notified in its long-term new activity
a: means an activity that, before the commencement of this section, a regional council was not authorised to undertake; but
b: does not include an activity authorised by or under an enactment regional council-controlled organisation
a: a company—
i: in which equity securities carrying 50% or more of the voting rights at a meeting of the shareholders of the company are—
A: held by 1 or more regional councils; or
B: controlled, directly or indirectly, by 1 or more regional councils; or
ii: in which 1 or more regional councils have the right, directly or indirectly, to appoint 50% or more of the directors of the company; or
b: an organisation in respect of which 1 or more regional councils have, whether or not jointly with other regional councils or persons,—
i: control, directly or indirectly, of 50% or more of the votes at any meeting of the members or controlling body of the organisation; or
ii: the right, directly or indirectly, to appoint 50% or more of the trustees, directors, or managers (however described) of the organisation. Section 16(1)﻿(c)﻿(ii) amended 22 October 2019 section 6(1) Local Government Act 2002 Amendment Act 2019 Section 16(1)﻿(c)﻿(ii) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 16(2)﻿(b) replaced 8 August 2014 section 10(1) Local Government Act 2002 Amendment Act 2014 Section 16(3) amended 8 August 2014 section 10(2) Local Government Act 2002 Amendment Act 2014 Section 16(8)﻿(d) amended 22 October 2019 section 6(2) Local Government Act 2002 Amendment Act 2019 Section 16(8)﻿(d) amended 5 December 2012 section 9 Local Government Act 2002 Amendment Act 2012 Section 16(9) affected territorial authority amended 22 October 2019 section 6(3) Local Government Act 2002 Amendment Act 2019 Section 16(9) affected territorial authority amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 16(9) annual plan repealed 22 October 2019 section 6(4) Local Government Act 2002 Amendment Act 2019
17: Transfer of responsibilities
1: A regional council may transfer 1 or more of its responsibilities to a territorial authority in accordance with this section.
2: A territorial authority may transfer 1 or more of its responsibilities to a regional council in accordance with this section.
3: A transfer of responsibilities under this section must be made by agreement between the local authorities concerned and may be on the terms and conditions that are agreed between them.
3A: The terms and conditions agreed under subsection (3) must ensure effective provision for any affected co-governance or co-management arrangements that are established by legislation (including Treaty of Waitangi claim settlement legislation) and that are between local authorities and iwi or Māori organisations.
4: A local authority may not agree to transfer a responsibility or agree to accept a transfer of a responsibility under this section unless it is satisfied, following consultation in accordance with section 82
4A: In assessing, for the purposes of subsection (4), the benefits and negative impacts of a proposed transfer, a local authority must have regard to the following matters:
a: whether the transfer will promote—
i: better fulfilment of the purpose of local government:
ii: productivity improvements within local authorities and districts or regions:
iii: efficiencies and cost savings:
iv: assurance that the local authorities concerned have the resources necessary to enable them to effectively perform or exercise their responsibilities, duties, and powers:
v: effective responses to the opportunities, needs, and circumstances of the affected area:
vi: enhanced effectiveness, efficiency, and sustainability of local government services:
vii: better support for the ability of local and regional economies to develop and prosper:
viii: enhanced ability of local government to meet the changing needs of communities for governance and services into the future:
b: the scale and probability of the potential benefits of the transfer to users of local government services:
c: the financial, disruption, and opportunity costs of implementing the proposed transfer at the proposed time:
d: the consequences and risks of not implementing the proposed transfer at the proposed time:
e: existing communities of interest, and the extent to which the proposed transfer will maintain linkages between communities (including iwi and hapū) and sites and resources of significance to them.
5: A local authority must notify the Minister of its intention to transfer a responsibility or accept a transfer of responsibility under this section.
6: From the time a transfer takes effect, the responsibilities and powers of the local authority receiving the transfer are extended as necessary to enable the local authority to undertake, exercise, and perform the transferred responsibilities.
7: If a transfer of responsibilities has been made, either local authority that was a party to the transfer may, through the process set out in subsections (3) to (6), initiate—
a: a variation of the terms of the transfer; or
b: the reversal of the transfer.
8: In this section, responsibility
a: means any responsibility, duty, or legal obligation (including a responsibility, duty, or legal obligation that has previously been transferred under this section and a discretionary function), and any powers associated with that responsibility, duty, or legal obligation; but
b: does not include a responsibility, duty, or legal obligation conferred by or under any other Act, unless that Act provides that the responsibility, duty, or legal obligation may be transferred in accordance with this section.
9: Nothing in this section limits the ability of a local authority to—
a: delegate the exercise of any responsibility to another local authority; or
b: enter into a contractual agreement with another local authority for the performance of any activity or function. 1974 No 66 ss 37SC 37SD Section 17 replaced 8 August 2014 section 11 Local Government Act 2002 Amendment Act 2014 Section 17(3A) inserted 22 October 2019 section 7(1) Local Government Act 2002 Amendment Act 2019 Section 17(4A) inserted 22 October 2019 section 7(2) Local Government Act 2002 Amendment Act 2019 Section 17(8) replaced 22 October 2019 section 7(3) Local Government Act 2002 Amendment Act 2019
17A: Delivery of services
1: A local authority must review the cost-effectiveness of current arrangements for meeting the needs of communities within its district or region for good-quality local infrastructure, local public services, and performance of regulatory functions.
2: Subject to subsection (3), a review under subsection (1) must be undertaken—
a: in conjunction with consideration of any significant change to relevant service levels; and
b: within 2 years before the expiry of any contract or other binding agreement relating to the delivery of that infrastructure, service, or regulatory function; and
c: at such other times as the local authority considers desirable, but not later than 6 years following the last review under subsection (1).
3: Despite subsection (2)﻿(c), a local authority is not required to undertake a review under subsection (1) in relation to the governance, funding, and delivery of any infrastructure, service, or regulatory function—
a: to the extent that the delivery of that infrastructure, service, or regulatory function is governed by legislation, contract, or other binding agreement such that it cannot reasonably be altered within the following 2 years; or
b: if the local authority is satisfied that the potential benefits of undertaking a review in relation to that infrastructure, service, or regulatory function do not justify the costs of undertaking the review.
4: A review under subsection (1) must consider options for the governance, funding, and delivery of infrastructure, services, and regulatory functions, including, but not limited to, the following options:
a: responsibility for governance, funding, and delivery is exercised by the local authority:
b: responsibility for governance and funding is exercised by the local authority, and responsibility for delivery is exercised by—
i: a council-controlled organisation of the local authority; or
ii: a council-controlled organisation in which the local authority is one of several shareholders; or
iii: another local authority; or
iv: another person or agency:
c: responsibility for governance and funding is delegated to a joint committee or other shared governance arrangement, and responsibility for delivery is exercised by an entity or a person listed in paragraph (b)﻿(i) to (iv).
5: If responsibility for delivery of infrastructure, services, or regulatory functions is to be undertaken by a different entity from that responsible for governance, the entity that is responsible for governance must ensure that there is a contract or other binding agreement that clearly specifies—
a: the required service levels; and
b: the performance measures and targets to be used to assess compliance with the required service levels; and
c: how performance is to be assessed and reported; and
d: how the costs of delivery are to be met; and
e: how any risks are to be managed; and
f: what penalties for non-performance may be applied; and
g: how accountability is to be enforced.
6: Subsection (5) does not apply to an arrangement to the extent that any of the matters specified in paragraphs (a) to (g) are—
a: governed by any provision in an enactment; or
b: specified in the constitution or statement of intent of a council-controlled organisation.
7: Subsection (5) does not apply to an arrangement if the entity that is responsible for governance is satisfied that—
a: the entity responsible for delivery is a community group or a not-for-profit organisation; and
b: the arrangement does not involve significant cost or risk to any local authority.
8: The entity that is responsible for governance must ensure that any agreement under subsection (5) is made publicly available.
9: Nothing in this section requires the entity that is responsible for governance to make publicly accessible any information that may be properly withheld if a request for that information were made under the Local Government Official Information and Meetings Act 1987 Section 17A inserted 8 August 2014 section 12 Local Government Act 2002 Amendment Act 2014
4: Minister and Secretary
18: Responsibilities, powers, and duties of Minister
1: The responsibilities, powers, and duties conferred or imposed on the Minister of Internal Affairs by any of the Acts specified in Schedule 1
2: The Governor-General may, by Order in Council, amend Schedule 1
3: An order under this section is secondary legislation ( see Part 3 1974 No 66 s 2A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
19: Secretary
The responsibilities, powers, and duties conferred on the Secretary for Internal Affairs by any of the Acts specified in Schedule 1 1974 No 66 s 2B(2)
3: Structure and reorganisation of local government
20: Outline of Part
This Part—
a: sets out the structure of local government; and
b: provides for the reorganisation of local authorities; and
c: continues the Local Government Commission.
1: Structure of local government
21: Local authorities
1: Local government in New Zealand consists of the following local authorities:
a: regional councils; and
b: territorial authorities.
2: Every part of New Zealand (other than the Chatham Islands) that is within the district of a territorial authority must also be within the region of 1 or more regional councils.
3: Part 3
22: Minister is territorial authority in certain cases
1: The Minister is the territorial authority for any part of New Zealand that does not form part of the district of a territorial authority.
2: Subsection (1)—
a: does not apply at all in relation to any of the following:
i: the territorial sea; or
ii: the Kermadec Islands; or
iii: the Sub-Antarctic Islands (which include the Antipodes Islands, the Auckland Islands, the Bounty Islands, Campbell Island and the islands adjacent to Campbell Island, and the Snares Islands); and
b: does not apply in relation to the Three Kings Islands (which include Great Island, South West Island, West Island, North East Island, and several islets and rock stacks) for the purposes of the Building Act 2004
3: For the purposes of the Building Act 2004
a: the Minister of Local Government is the territorial authority for any part of New Zealand referred to in subsection (1); and
b: the Minister of Conservation is the territorial authority for the islands referred to in subsection (2). 1974 No 66 s 37R Section 22(2) replaced 13 March 2012 section 91(2) Building Amendment Act 2012 Section 22(3) inserted 13 March 2012 section 91(2) Building Amendment Act 2012
23: Description of local government
1: A territorial authority must be either a city council or a district council.
2: A territorial authority that is a city council must be described as the [ name of city
3: A territorial authority that is a district council must be described as the [ name of district
3A: However, a territorial authority created as a unitary authority after 1 July 2013 must be described as [ name of city or district
4: A regional council must be described as the [ name of region
4A: A local board must be described as the [ name of local board area
5: Despite subsection (1), the Auckland Council and the Chatham Islands Council are territorial authorities. 1974 No 66 s 37L(2), (3) Section 23(3A) inserted 5 December 2012 section 10 Local Government Act 2002 Amendment Act 2012 Section 23(4A) inserted 8 August 2014 section 13 Local Government Act 2002 Amendment Act 2014 Section 23(5) substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
2: Reorganisation of local authorities
24AA: Purpose of local government reorganisation provisions
The purpose of the local government reorganisation provisions of this Act is to promote good local government by enabling and facilitating improvements to local governance. Section 24AA replaced 22 October 2019 section 8 Local Government Act 2002 Amendment Act 2019
24: Scope of local government reorganisation
1: Local government reorganisation may provide for 1 or more of the following matters:
a: the union of districts or regions:
b: the constitution of a new district or region, including the constitution of a new local authority for that district or region:
c: the abolition of a district or region, including the dissolution or abolition of the local authority for that district or region:
d: the alteration of the boundaries of any district or region:
e: the transfer from one local authority to another of—
i: a responsibility, duty, or power conferred by an enactment; or
ii: a discretionary function:
f: the assumption by a territorial authority of the responsibilities, duties, and powers of a regional council as a unitary authority:
g: the performance and exercise by a local authority of both—
i: the responsibilities, duties, and powers of a regional council in respect of a region; and
ii: the responsibilities, duties, and powers of a territorial authority in respect of a district that constitutes a part only of that region:
h: the establishment of 1 or more joint committees and the delegation of responsibilities, duties, and powers to those committees:
i: the establishment of a local board area, including the establishment of a local board for that area:
j: in relation to a local board, other than a local board established under the Local Government (Auckland Council) Act 2009
i: the means by which the chairperson is elected; and
ii: whether the local board may include appointed members:
k: the abolition of a local board area:
l: the alteration of the boundaries of a local board area:
m: the union of 2 or more local board areas.
2: Schedule 3 Section 24 replaced 22 October 2019 section 9 Local Government Act 2002 Amendment Act 2019
24A: Transitional modification or suspension of certain statutory requirements after issue of
reorganisation plan
1: The purpose of this section is to authorise the extension or postponement of certain statutory requirements after public notice of a reorganisation plan is given under clause 13 clause 25
2: This section applies to a reorganisation plan only if the plan provides for any of the matters specified in clause 23(1)
3: The Governor-General may, by Order in Council, in relation to an affected local authority,—
a: extend, for a period not exceeding 12 months, the time by which the local authority would otherwise have to complete, within the specified period, any action relating to the preparation or adoption of any plan, policy, or strategy required by or under any enactment:
b: extend the time by which the local authority would otherwise have to complete anything relating to, and dependent or consequential on, the action in relation to which the period has been extended under paragraph (a):
c: postpone, to a date not more than 12 months after the date determined under section 10 of the Local Electoral Act 2001, the next triennial general election of members of the local authority.
4: However, the power under subsection (3)﻿(c) may be exercised only if the triennial election, or any action or process preliminary to holding it, would otherwise be required to be held or taken in the specified period.
5: An Order in Council may be made only—
a: during the specified period; and
b: on the recommendation of the Minister; and
c: if the Minister is satisfied that the Order in Council is—
i: necessary to avoid public confusion or waste of public resources; or
ii: in the interests of the district of the affected local authority; and
d: with the agreement of—
i: the affected local authority; and
ii: the Commission.
6: In this section,— specified period
a: beginning on the date on which public notice is given of the reorganisation plan under clause 13
b: ending on the close of the date that is 6 months after the date on which that public notice is given.
7: An order under subsection (3) must be published in the Gazette Section 24A inserted 5 December 2012 section 13 Local Government Act 2002 Amendment Act 2012 Section 24A heading amended 22 October 2019 section 10(1) Local Government Act 2002 Amendment Act 2019 Section 24A(1) replaced 22 October 2019 section 10(2) Local Government Act 2002 Amendment Act 2019 Section 24A(2) replaced 22 October 2019 section 10(3) Local Government Act 2002 Amendment Act 2019 Section 24A(6) specified period replaced 22 October 2019 section 10(4) Local Government Act 2002 Amendment Act 2019 Section 24A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25: Order in Council to give effect to reorganisation plan
1: A reorganisation plan to which clause 22C(5) 33
a: is given effect to by Order in Council made on the recommendation of the Minister; and
b: has effect on and from the date or dates specified for that purpose by that Order in Council (as required by subsection (3)﻿(a)
2: The Minister must recommend the making of an Order in Council under subsection (1)
a: the process followed in developing the reorganisation plan was not in accordance with the requirements of this Act; or
b: the development of the reorganisation plan failed to give proper weight to the relevant principles, considerations, and criteria set out in this Act.
3: An Order in Council made under subsection (1)
a: must specify the date or dates on which its provisions come into effect; and
b: must establish and provide for 1 or more transition bodies in accordance with—
i: clauses 33 to 40
ii: the provisions in the reorganisation plan relating to transitional matters; and
c: may, with the agreement of the Commission, suspend any statutory requirement that an affected local authority would otherwise be subject to if the reorganisation would make compliance with the statutory requirement unnecessary or inappropriate.
4: An Order in Council made under subsection (1) Schedule 2 of this Act, and may amend Schedule 2
5: An Order in Council giving effect to a reorganisation plan is not invalid merely because it is inconsistent with the provisions of the reorganisation plan if the inconsistency relates to—
a: corrections of clerical, grammatical, or typographical errors; or
b: the inclusion of provisions that are necessary to give legal effect to the reorganisation plan; or
c: the omission of explanatory material or other material that is not necessary to give legal effect to the reorganisation plan; or
d: matters of a format or referential nature that do not alter the substance or effect of the reorganisation plan.
6: An order under subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 s 67(d)﻿(i) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25 replaced 22 October 2019 section 11 Local Government Act 2002 Amendment Act 2019 Section 25(4) amended 15 December 2022 section 223 Water Services Entities Act 2022 Section 25(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25A: Order in Council to give effect to reorganisation implementation scheme
1: A reorganisation implementation scheme prepared and issued under clause 41(2)
a: is given effect to by Order in Council made on the recommendation of the Minister; and
b: has effect on and from the date or dates specified for that purpose by that Order in Council (as required by subsection (2)﻿(a)
2: An Order in Council made under subsection (1)
a: the date or dates on which its provisions come into effect; and
b: the date on which the local government reorganisation described in the order takes effect (the implementation date Schedule 3
3: An Order in Council giving effect to a reorganisation implementation scheme is not invalid merely because it is inconsistent with the provisions of the reorganisation plan or the reorganisation implementation scheme if the inconsistency relates to—
a: corrections of clerical, grammatical, or typographical errors; or
b: the inclusion of provisions that are necessary to give legal effect to the reorganisation implementation scheme; or
c: the omission of explanatory material or other material that is not necessary to give legal effect to the reorganisation implementation scheme; or
d: matters of a format or referential nature that do not alter the substance or effect of the reorganisation implementation scheme.
4: If a reorganisation implementation scheme does not specifically provide for a matter that the Secretary considers to be necessary, desirable, or incidental as a consequence of the scheme,—
a: the Secretary must consult the Commission, and each affected local authority, about the inclusion of the matter in the Order in Council under subsection (1)
b: the matter may be included in the Order in Council if the Minister considers the inclusion is appropriate.
5: Clauses 45 46
a: amended in their application; or
b: declared not to apply.
6: Clauses 47 to 60A
7: An order under subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 s 67(d)﻿(i) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25A inserted 22 October 2019 section 11 Local Government Act 2002 Amendment Act 2019 Section 25A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26: Power to amend reorganisation plans and reorganisation implementation schemes
1: A reorganisation plan may be amended by a further reorganisation plan that is developed and adopted in accordance with this Act and that is given effect by an Order in Council under section 25
2: A reorganisation implementation scheme may be amended by a further reorganisation implementation scheme that is developed and adopted in accordance with this Act and that is given effect by an Order in Council under section 25A Section 26 replaced 22 October 2019 section 12 Local Government Act 2002 Amendment Act 2019
26A: Duties of local authorities in relation to local government reorganisation
1: It is the duty of every local authority to co-operate with, give reasonable assistance to, and provide information to the Commission to enable it to perform its functions and exercise its powers in relation to local government reorganisation.
2: Without limiting subsection (1), an affected local authority must comply with any lawful request by the Commission for information held or reasonably available to the local authority that may be relevant to a reorganisation investigation or to the development of a reorganisation implementation scheme
3: An affected local authority must not make a decision described in subsection (4) at any time after an Order in Council giving effect to a reorganisation plan section 25
4: Subsection (3) applies to any decision of an affected local authority that may, directly or because of its consequences,—
a: significantly prejudice the implementation of the reorganisation plan
b: significantly constrain the powers or capacity of any local authority to be established or changed under the final proposal, or any subsidiary of any such local authority, following the implementation of the final proposal; or
c: have a significant negative impact on the assets or liabilities that may be transferred to any local authority in the implementation of the final proposal.
5: A local authority that receives a report or recommendation from the Commission under clause 9
a: make the report or recommendation publicly available; and
b: consider and respond to the Commission in relation to the report or recommendation; and
c: make the response publicly available.
6: A local authority must comply with subsection (5)
a: within 30 working days after receiving the report or recommendation; or
b: by a later date specified by the Commission in the report or recommendation.
7: Nothing in this section requires a local authority to make publicly accessible any information that may be properly withheld if a request for that information were made under the Local Government Official Information and Meetings Act 1987 Section 26A inserted 5 December 2012 section 15 Local Government Act 2002 Amendment Act 2012 Section 26A(2) amended 22 October 2019 section 13(1) Local Government Act 2002 Amendment Act 2019 Section 26A(3) amended 22 October 2019 section 13(2) Local Government Act 2002 Amendment Act 2019 Section 26A(4)﻿(a) amended 22 October 2019 section 13(3) Local Government Act 2002 Amendment Act 2019 Section 26A(5) inserted 22 October 2019 section 13(4) Local Government Act 2002 Amendment Act 2019 Section 26A(6) inserted 22 October 2019 section 13(4) Local Government Act 2002 Amendment Act 2019 Section 26A(7) inserted 22 October 2019 section 13(4) Local Government Act 2002 Amendment Act 2019
27: Application to be called city council or district council
1: A territorial authority that wishes to be called a city council or a district council may
2: The Commission may refer the application to the Minister for the preparation of an Order in Council to give effect to it, if the Commission considers that—
a: the application should be approved; and
b: in the case of a territorial authority wishing to be called a city council, the district of the territorial authority meets the criteria specified in clause 16
3: The Governor-General may, by Order in Council made on the recommendation of the Minister, give effect to the application.
4: The Order in Council may consequentially amend Part 2
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 s 67(d)﻿(i) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27(1) amended 22 October 2019 section 14 Local Government Act 2002 Amendment Act 2019 Section 27(2)﻿(b) amended 8 August 2014 section 15 Local Government Act 2002 Amendment Act 2014 Section 27(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
27A: Change of name of unitary authorities
1: A unitary authority that is described as a city council or district council may apply to the Minister to change its name to the [ name of city or district
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, give effect to the application.
3: The Order in Council may consequentially amend Part 2
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 s 67(d)﻿(i) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27A inserted 5 December 2012 section 17 Local Government Act 2002 Amendment Act 2012 Section 27A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
27B: Orders in Council to be published in
Gazette Section 27B repealed 28 October 2021 section 3 Secondary Legislation Act 2021
3: Local Government Commission
28: Local Government Commission
There continues to be a Local Government Commission. 1974 No 66 s 37V
29: Commission is body corporate with full powers
1: The Commission is a body corporate with perpetual succession.
2: For the purpose of performing its functions, the Commission has—
a: full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
3: The Commission is a public office for the purposes of the Public Records Act 2005 Section 29(3) inserted 22 October 2019 section 15 Local Government Act 2002 Amendment Act 2019
30: Functions and powers of Commission
1: The Commission has the functions, duties, and powers conferred on it by this Act or any other enactment.
2: Without limiting subsection (1), the Commission may—
a: provide information about local government; and
b: promote good practice relating to a local authority or to local government generally. 1974 No 66 s 37W
31: Report to Minister on matters relating to local government
1: The Commission may consider, report on, and make recommendations to the Minister and any relevant local authority on matters relating to a local authority or local government considered appropriate by the Commission.
1A:
2: The Commission must consider, report on, and make recommendations to the Minister and any relevant local authority on matters relating to a local authority or local government that are referred to the Commission by the Minister.
3: If the Minister refers any matter to the Commission under subsection (2), the Minister must immediately publish the terms of reference in the Gazette
4: A local authority that receives a report or recommendation from the Commission under subsection (1) or subsection (2) must consider and respond to the Commission in relation to the report or recommendation.
5: A local authority must comply with subsection (4)—
a: by a date specified by the Commission; or
b: if the Commission does not specify a date, within 20 working days after receiving a report or recommendation. 1974 No 66 s 37X Section 31(1A) repealed 22 October 2019 section 16 Local Government Act 2002 Amendment Act 2019
31A: Minister's expectations of Commission in relation to local government reorganisation
1: The Minister may, by notice in writing to the Commission, specify Schedule 3
1A: The Minister must state in the notice the Minister’s objectives in respect of the expectations specified in the notice.
2: Without limiting subsection (1), the Minister may specify—
a: the time frames within which the Commission is expected to complete specified matters:
b: which reorganisation applications are to be regarded by the Commission as having a higher priority.
3: Before specifying
a: must consult the Commission; and
b: may consult any other persons or organisations that the Minister considers appropriate to consult.
4: The Commission must publish, on its Internet site,—
a: any
b: a statement of the impact that meeting those Schedule 3
5: The Commission must, in its report to the Minister under clause 31 Section 31A inserted 5 December 2012 section 19 Local Government Act 2002 Amendment Act 2012 Section 31A(1) amended 22 October 2019 section 17(1) Local Government Act 2002 Amendment Act 2019 Section 31A(1A) inserted 22 October 2019 section 17(2) Local Government Act 2002 Amendment Act 2019 Section 31A(3) amended 22 October 2019 section 17(1) Local Government Act 2002 Amendment Act 2019 Section 31A(4)﻿(a) amended 22 October 2019 section 17(1) Local Government Act 2002 Amendment Act 2019 Section 31A(4)﻿(b) amended 22 October 2019 section 17(1) Local Government Act 2002 Amendment Act 2019 Section 31A(5) amended 22 October 2019 section 17(1) Local Government Act 2002 Amendment Act 2019
32: Review of operation of Act and Local Electoral Act 2001
1: The Commission must—
a: review the operation of this Act and the Local Electoral Act 2001
b: present a report on the review to the Minister.
2: The report must be presented to the Minister as soon as practicable after the triennial general election of members of local authorities in 2007.
3: Without limiting the scope of the review, the review must determine and assess—
a: the impact of conferring on local authorities full capacity, rights, powers, and privileges; and
b: the cost-effectiveness of consultation and planning procedures; and
c: the impact of increasing participation in local government and improving representation on local authorities.
4: The Commission must, no later than 1 July 2005, present a report to the Minister if it considers that amendments should be made to this Act or the Local Electoral Act 2001
33: Membership of Commission
1: The Commission consists of a minimum of 1 member and a maximum of 3 members
2: If the Commission consists of 2 members or 3 members,—
a: 1 member—
i: must have a knowledge of tikanga Māori; and
ii: must be appointed by the Minister after consultation with the Minister for Māori Development; and
b: 1 member—
i: must have experience as an elected member or the chief executive of a local authority; and
ii: must be appointed by the Minister after consultation with the New Zealand Local Government Association Incorporated.
2A: If the Commission consists of 1 member, that member must be appointed by the Minister, who must—
a: take into consideration whether the member has a knowledge of tikanga Māori or experience as an elected member or the chief executive of a local authority; and
b: consult with—
i: the Minister for Māori Development; and
ii: the New Zealand Local Government Association Incorporated.
3: The powers of the Commission are not affected by any vacancy in its membership.
4: No person is to be treated as employed in the service of the Crown for the purposes of the Government Superannuation Fund Act 1956 Public Service Act 2020
5: In this section, tikanga Māori 1974 No 66 s 37Y Section 33(1) amended 22 October 2019 section 18(1) Local Government Act 2002 Amendment Act 2019 Section 33(2) replaced 22 October 2019 section 18(2) Local Government Act 2002 Amendment Act 2019 Section 33(2A) inserted 22 October 2019 section 18(2) Local Government Act 2002 Amendment Act 2019 Section 33(4) amended 7 August 2020 section 135 Public Service Act 2020
34: Additional powers of Commission
1: For the purposes of performing its functions under this Act, the Commission—
a: has the powers of the District Court exercising its civil jurisdiction in respect of citing parties and conducting and maintaining order at any meeting or hearing; and
b: is to be treated as an inquiry for the purposes of sections 14 19 to 27 29 30 34
2: The chairperson of the Commission, or any other person (being a member of the Commission or an officer of the public service Section 34 replaced 22 October 2019 section 19 Local Government Act 2002 Amendment Act 2019 Section 34(2) amended 7 August 2020 section 135 Public Service Act 2020
35: Evidence before Commission
1: The Evidence Act 2006
2: However, the Commission may receive as evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matter being dealt with, whether or not the same would be admissible in a court of law. 1974 No 66 Schedule 3A Section 35(1) amended 1 August 2007 section 216 Evidence Act 2006
35A: Application of Official Information Act 1982
1: This section applies to information created or received by the Commission in the course of—
a: the consideration of any matter under section 31
b: a reorganisation investigation under Part 1
c: the review of a local authority-led reorganisation application under clause 22C
d: the resolution of a dispute by the Commission under this Act or another enactment:
e: the determination of an appeal or objection under section 19R
2: Information to which this section applies is not official information for the purposes of the Official Information Act 1982 Section 35A inserted 22 October 2019 section 20 Local Government Act 2002 Amendment Act 2019
36: Further provisions relating to Commission and its proceedings
Schedule 4
37: Appeals against decisions of Commission
Schedule 5
4: Governance and management of local authorities and community boards
38: Outline of Part
This Part—
a: identifies the principles and requirements for the governance and management of local authorities; and
b: provides for the establishment of community boards and their governance arrangements.
1: Local authorities
Governance and management
39: Governance principles
A local authority must act in accordance with the following principles in relation to its governance:
a: a local authority should ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community; and
b: a local authority should ensure that the governance structures and processes are effective, open, and transparent; and
c: a local authority should ensure that, so far as is practicable, responsibility and processes for decision-making in relation to regulatory responsibilities is separated from responsibility and processes for decision-making for non-regulatory responsibilities; and
d: a local authority should be a good employer; and
e: a local authority should ensure that the relationship between elected members and management of the local authority is effective and understood.
40: Local governance statements
1: A local authority must prepare and make publicly available, following the triennial general election of members, a local governance statement that includes information on—
a: the functions, responsibilities, and activities of the local authority; and
b: any local legislation that confers powers on the local authority; and
ba: the bylaws of the local authority, including for each bylaw, its title, a general description of it, when it was made, and, if applicable, the date of its last review under section 158 159
c: the electoral system and the opportunity to change it; and
d: representation arrangements, including the option of establishing Māori wards or constituencies, and the opportunity to change them; and
e: members' roles and conduct (with specific reference to the applicable statutory requirements and code of conduct); and
f: governance structures and processes, membership, and delegations; and
g: meeting processes (with specific reference to the applicable provisions of the Local Government Official Information and Meetings Act 1987
h: consultation policies; and
i: policies for liaising with, and memoranda or agreements with, Māori; and
j: the management structure and the relationship between management and elected members; and
ja: the remuneration and employment policy, if adopted; and
k: equal employment opportunities policy; and
l: key approved planning and policy documents and the process for their development and review; and
m: systems for public access to it and its elected members; and
n: processes for requests for official information.
2: A local authority must comply with subsection (1) within 6 months after each triennial general election of members of the local authority.
3: A local authority must update its governance statement as it considers appropriate. Section 40(1)﻿(ba) inserted 14 October 2007 section 7 Local Government Act 2002 Amendment Act 2006 Section 40(1)﻿(ja) inserted 5 December 2012 section 20 Local Government Act 2002 Amendment Act 2012 Governing bodies and chief executives
41: Governing bodies
1: A regional council must have a governing body consisting of—
a: members elected in accordance with the Local Electoral Act 2001
b: a chairperson elected by members of the regional council in accordance with clause 25
2: A territorial authority must have a governing body consisting of members and a mayor elected in accordance with the Local Electoral Act 2001
3: A governing body of a local authority is responsible and democratically accountable for the decision-making of the local authority.
4: A chairperson of a regional council, or a mayor of a territorial authority, is a Justice of the Peace during the time that he or she holds the office of chairperson or mayor.
5: An employee of a local authority who is elected to be a member of the local authority's governing body must resign from his or her position as an employee of the local authority before taking up his or her position as a member of the local authority. 1974 No 66 ss 101C 101CA 101N 101T
41A: Role and powers of mayors
1: The role of a mayor is to provide leadership to—
a: the other members of the territorial authority; and
b: the people in the district of the territorial authority.
2: Without limiting subsection (1), it is the role of a mayor to lead the development of the territorial authority's plans (including the long-term plan and the annual plan), policies, and budgets for consideration by the members of the territorial authority.
3: For the purposes of subsections (1) and (2), a mayor has the following powers:
a: to appoint the deputy mayor:
b: to establish committees of the territorial authority:
c: to appoint the chairperson of each committee established under paragraph (b), and, for that purpose, a mayor—
i: may make the appointment before the other members of the committee are determined; and
ii: may appoint himself or herself.
4: However, nothing in subsection (3) limits or prevents a territorial authority from—
a: removing, in accordance with clause 18
b: discharging or reconstituting, in accordance with clause 30
c: appointing, in accordance with clause 30
d: discharging, in accordance with clause 31
5: A mayor is a member of each committee of a territorial authority.
6: To avoid doubt, a mayor must not delegate any of his or her powers under subsection (3).
7: To avoid doubt,—
a: clause 17(1)
b: clauses 25 26(3) Section 41A inserted 12 October 2013 section 21 Local Government Act 2002 Amendment Act 2012
42: Chief executive
1: A local authority must, in accordance with clauses 33 34
2: A chief executive appointed under subsection (1) is responsible to his or her local authority for—
a: implementing the decisions of the local authority; and
b: providing advice to members of the local authority and to its community boards, if any; and
c: ensuring that all responsibilities, duties, and powers delegated to him or her or to any person employed by the local authority, or imposed or conferred by an Act, regulation, or bylaw, are properly performed or exercised; and
d: ensuring the effective and efficient management of the activities of the local authority; and
da: facilitating and fostering representative and substantial elector participation in elections and polls held under the Local Electoral Act 2001
e: maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority; and
f: providing leadership for the staff of the local authority; and
g: employing, on behalf of the local authority, the staff of the local authority (in accordance with any remuneration and employment policy)
h: negotiating the terms of employment of the staff of the local authority (in accordance with any remuneration and employment policy)
2A: In the case of a unitary authority for a district that includes 1 or more local board areas, a chief executive appointed under subsection (1) is also responsible to the unitary authority for—
a: implementing the decisions of each local board within the district of the unitary authority; and
b: implementing each local board agreement; and
c: providing advice to each local board and its members; and
d: providing the administrative and other facilities for each local board that are necessary for the board to carry out its functions and perform its duties.
3: A chief executive appointed under subsection (1) is responsible to his or her local authority for ensuring, so far as is practicable, that the management structure of the local authority—
a: reflects and reinforces the separation of regulatory responsibilities and decision-making processes from other responsibilities and decision-making processes; and
b: is capable of delivering adequate advice to the local authority to facilitate the explicit resolution of conflicting objectives.
4: For the purposes of any other Act, a chief executive appointed under this section is the principal administrative officer of the local authority. 1974 No 66 ss 119C 119D Section 42(2)﻿(da) inserted 21 March 2019 section 15 Local Government Regulatory Systems Amendment Act 2019 Section 42(2)﻿(g) amended 5 December 2012 section 22(1) Local Government Act 2002 Amendment Act 2012 Section 42(2)﻿(h) amended 5 December 2012 section 22(2) Local Government Act 2002 Amendment Act 2012 Section 42(2A) inserted 8 August 2014 section 16 Local Government Act 2002 Amendment Act 2014 Other governance matters
43: Certain members indemnified
1: A member of a local authority (or a committee, community board, or other subordinate decision-making body of that local authority) is indemnified by that local authority, whether or not that member was elected to that local authority or community board under the Local Electoral Act 2001
a: costs and damages for any civil liability arising from any action brought by a third party if the member was acting in good faith and in pursuance (or intended pursuance) of the responsibilities or powers of the local authority (or committee, community board, or other subordinate decision-making body of that local authority); and
b: costs arising from any successfully defended criminal action relating to acts or omissions in his or her capacity as a member.
2: Subsection (1) does not apply to a member's liability for a loss under section 46
3: To avoid doubt, a local authority may not indemnify a director of a council-controlled organisation for any liability arising from that director's acts or omissions in relation to that council-controlled organisation.
44: Report by Auditor-General on loss incurred by local authority
1: For the purposes of this section and sections 45 46
a: money belonging to, or administrable by, a local authority has been unlawfully expended; or
b: an asset has been unlawfully sold or otherwise disposed of by the local authority; or
c: a liability has been unlawfully incurred by the local authority; or
d: a local authority has intentionally or negligently failed to enforce the collection of money it is lawfully entitled to receive.
2: If the Auditor-General is satisfied that a local authority has incurred a loss, the Auditor-General may make a report on the loss to the local authority, and may include in the report any recommendations in relation to the recovery of the loss or the prevention of further loss that the Auditor-General thinks fit.
3: The Auditor-General must send copies of the report to the Minister and every member of the local authority. 1974 No 66 s 706A
45: Local authority to respond to Auditor-General
1: On receipt of a report from the Auditor-General, the local authority must, within 28 days, respond in writing to the Auditor-General, and send a copy of the response to the Minister.
2: The local authority's response must—
a: respond to each of the Auditor-General's recommendations; and
b: include a statement as to what action, if any, the local authority intends to take in respect of the loss.
3: The Minister may extend the period of time within which the local authority must forward its response.
4: An individual member of the local authority may respond to the Auditor-General—
a: by making a separate response to the Auditor-General, and sending a copy to the local authority and the Minister, within the time required for the local authority's response; or
b: with the consent of the local authority, by incorporating that member's response in the local authority's response.
5: The local authority must, as soon as practicable after the expiry of the time for forwarding its response, table in a meeting of the local authority that is open to the public a copy of the Auditor-General's report, the local authority's response, and any response of an individual member of the local authority not incorporated in the local authority's response. 1974 No 66 s 706B
46: Members of local authority liable for loss
1: If the Auditor-General has made a report on a loss to a local authority under section 44
2: If the members of the local authority or any other person or persons do not pay the amount of the loss to the Crown or the local authority within a reasonable time, the Crown may commence proceedings to recover the loss from any or all of those members.
3: Any amount recovered by the Crown under subsection (2), less all costs incurred by the Crown in respect of the recovery, must be paid by the Crown to the local authority concerned.
4: It is a defence to any proceedings under subsection (2) if the defendant proves that the act or failure to act resulting in the loss occurred—
a: without the defendant's knowledge; or
b: with the defendant's knowledge but against the defendant's protest made at or before the time when the loss occurred; or
c: contrary to the manner in which the defendant voted on the issue at a meeting of the local authority; or
d: in circumstances where, although being a party to the act or failure to act, the defendant acted in good faith and in reliance on reports, statements, financial data, or other information prepared or supplied, or on professional or expert advice given, by any of the following persons:
i: an employee of the local authority whom the defendant believed on reasonable grounds to be reliable and competent in relation to the matters concerned:
ii: a professional adviser or expert in relation to matters that the defendant believed on reasonable grounds to be within the person's professional or expert competence. 1974 No 66 s 706C
47: Members may be required to pay costs of proceeding in certain cases
1: This section applies if, in a proceeding commenced by the Attorney-General, the local authority is—
a: held to have—
i: disposed of, or dealt with, any of its property wrongfully or illegally; or
ii: applied its property to any unlawful purpose; or
iii: permitted the reserves that it must manage to be used for purposes not authorised by law; or
b: restrained from acting in the ways referred to in paragraph (a).
2: If subsection (1) applies, costs and other expenses arising out of the proceeding or incurred in doing the things to which the proceeding relates—
a: must not be paid out of general revenues by the local authority; and
b: must be paid, by order of the court, by the members of the local authority who, by voting or otherwise, assented to the acts concerned.
3: The court must not make an order under subsection (2) against a member of the local authority if the member proves that, in doing the act concerned,—
a: the member acted in good faith and in accordance with the written advice of the solicitor to the local authority; or
b: the member acted honestly and reasonably and, having regard to all the circumstances of the case, the member ought fairly to be excused. 1974 No 66 s 706
48: Further provisions of Schedule 7
The following activities of local authorities must be carried out in accordance with Part 1
a: vacation of office by members:
b: remuneration of members:
c: conduct of members:
d: election and removal of chairperson, deputy chairperson, and deputy mayor:
e: calling of meetings:
f: conduct of meetings:
g: procedures at meetings:
h: subordinate decision-making structures:
i: delegations:
j: employment of staff:
k: adoption of a remuneration and employment policy. Section 48(k) inserted 5 December 2012 section 23 Local Government Act 2002 Amendment Act 2012
1A: Local boards
Subpart 1A inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48A: Application
1: This subpart applies only to a unitary authority for a district that includes 1 or more local board areas established by Order in Council under section 25
2: Nothing in this subpart applies to the Auckland Council established under section 6 Section 48A inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48B: Interpretation
In this subpart, local activities section 48L
a: providing services; and
b: providing and operating facilities; and
c: providing funding and other support to groups and organisations. Section 48B inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48C: Purpose of local boards
The purpose of a local board, in relation to its local board area, is to—
a: enable democratic decision making by, and on behalf of, communities within the local board area; and
b: better enable the purpose of local government to be given effect to within the local board area. Section 48C inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48D: Unitary authority decision making shared between governing body and local boards
1: Despite section 41(3) sections 48J to 48L
2: A governance statement prepared by the unitary authority for the purposes of section 40 Section 48D inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48E: Membership of local boards
The membership of a local board consists of—
a: members elected in accordance with the Local Electoral Act 2001
b: if an Order in Council under section 25 section 19EA(1)﻿(c)
c: a chairperson—
i: elected by the members of the local board from among themselves using one of the systems of voting set out in clause 25(3) and (4)
ii: if an Order in Council under section 25 section 19EB Section 48E inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48F: Indemnification and liability of local board members
1: Sections 43 46 47
2: However, a member of a local board can be liable under section 46 47 Section 48F inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48G: Status of local boards
1: A local board is an unincorporated body.
2: A local board is not a local authority, a community board, or a committee of a governing body.
3: A local board does not have separate legal standing from the unitary authority and therefore, without limitation, may not—
a: acquire, hold, or dispose of property; or
b: enter into contracts; or
c: appoint, suspend, or remove employees; or
d: commence, or be a party to, or be heard in legal proceedings.
4: Nothing in this section limits the responsibility of a local board to make the decisions of the unitary authority that are allocated to it in accordance with section 48K Section 48G inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48H: Functions, duties, and powers of local boards
1: A local board has the functions, duties, and powers conferred on a local board by or under this Act or any other enactment.
2: Without limiting subsection (1), a local board—
a: must exercise the responsibilities conferred on it by section 48K(1)
b: must monitor and report on the implementation of the local board agreement for its local board area (in accordance with section 48O(6) clause 34A
c: must communicate with community organisations and special interest groups within its local board area; and
d: must undertake any responsibilities or duties that are delegated to it by the governing body under clause 36C
e: may consider and report to the governing body on any matter of interest or concern to the local board, whether or not the matter is referred to it by the governing body; and
f: may exercise any powers that are delegated to it by the governing body under clause 36C Section 48H inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014 Decision making Heading inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48I: General scheme
1: This section sets out the general scheme of sections 48J to 48O
2: Both the governing body and the local boards are responsible and democratically accountable for the decision making of the unitary authority. Whether responsibility for making any particular decision rests with the governing body or with 1 or more local boards depends on the nature of the decision being made.
3: Section 48J Section 48K section 48L(2)
4: To determine local wishes and priorities in relation to the non-regulatory activities for which a local board is allocated responsibility, the board must consult its communities. The local board does this by preparing a local board plan under section 48N section 48O Section 48I inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48J: Decision-making responsibilities of governing body
1: The governing body is responsible and democratically accountable for—
a: the decision making of the unitary authority in relation to any regulatory responsibility, duty, or power conferred on, or applying to, the unitary authority under this Act or any other enactment (for example, the responsibilities, duties, or powers conferred on, or applying to, a local authority under the Resource Management Act 1991 Health Act 1956 Building Act 2004 Civil Defence Emergency Management Act 2002
b: the decision making of the unitary authority in relation to—
i: transport networks and infrastructure; and
ii: any non-regulatory activities of the unitary authority that are allocated to the governing body in accordance with section 48L
c: the decision making of the unitary authority in relation to the establishment and maintenance of capacity to provide, or to ensure the provision of, services and facilities (including local activities) by the unitary authority; and
d: the decision making of the unitary authority in relation to the governance of its council-controlled organisations; and
e: the decision making of the unitary authority in relation to compliance with section 101
f: reaching agreement with each local board (as set out in each local board agreement) in respect of local activities for the local board areas.
2: Before making a decision described in subsection (1)﻿(a) to (d), the governing body must—
a: comply with any requirement of this Act; and
b: comply with any requirements of any other enactment; and
c: consider any views and preferences expressed by a local board if the decision affects or may affect the responsibilities or operation of the local board or the well-being of communities within its local board area. Section 48J inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48K: Decision-making responsibilities of local boards
1: Despite section 41(3), each local board is responsible and democratically accountable for—
a: the decision making of the unitary authority in relation to the non-regulatory activities of the unitary authority that are allocated to the local board in accordance with section 48L
b: identifying and communicating to the unitary authority the interests and preferences of the people in its local board area in relation to the content of the strategies, policies, plans, and bylaws of the unitary authority; and
c: identifying and developing bylaws specifically for its local board area, and proposing them to the governing body under section 150B
d: reaching agreement with the governing body (as set out in the local board agreement) in respect of local activities for its local board area.
2: In carrying out the responsibilities described in this section, a local board must comply with the requirements of sections 76 to 82
3: In carrying out the responsibilities described in this section, a local board must collaborate and co-operate with 1 or more other local boards or any other body or entity if the local board is satisfied that the interests and preferences of communities within the local board area will be better served by doing so. Section 48K inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48L: Principles for allocation of decision-making responsibilities of unitary authority
1: Decision-making responsibility for any non-regulatory activity of the unitary authority within a local board area must be allocated by the governing body—
a: to either the governing body or the local board for that area; and
b: in accordance with the principles set out in subsection (2); and
c: after considering the views and preferences expressed by the local board.
2: The principles are—
a: decision-making responsibility for a non-regulatory activity of the unitary authority within a local board area should be exercised by the local board for that area unless paragraph (b) applies:
b: decision-making responsibility for a non-regulatory activity of the unitary authority within a local board area should be exercised by its governing body if the nature of the activity is such that decision making on a district-wide basis will better promote the interests of the communities in the district because—
i: the impact of the decision will extend beyond the local board area; or
ii: effective decision making will require alignment or integration with other decisions that are the responsibility of the governing body; or
iii: the benefits of a consistent or co-ordinated approach in the district will outweigh the benefits of reflecting the particular needs and preferences of the communities within the local board area.
3: The long-term plan and each annual plan must identify the non-regulatory activities of the unitary authority for which decision-making responsibility is allocated to 1 or more local boards as set out in clauses 17A 21A Section 48L inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014 Local boards funding policy Heading inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48M: Local boards funding policy
1: To provide for predictability and certainty about levels of funding for local boards, a unitary authority must adopt a local boards funding policy as part of its long-term plan.
2: The local boards funding policy must set—
a: the basis on which the total funds to be allocated to meet the cost of all local activities within the district is to be determined; and
b: the formula by which the total funds allocated by the unitary authority for meeting the cost of funding local activities are to be allocated to each local board; and
c: the formula by which the total funds allocated by the unitary authority for meeting the cost of funding the administrative support to local boards are to be allocated to each local board.
3: The local boards funding policy must also identify any funding (except funding dedicated to particular purposes) that may be available to local boards for local activities and the criteria or process by which it may be allocated to them.
4: The formula referred to in subsection (2)﻿(b) must allocate funds to each local board in a way that provides an equitable capacity for the local board to enhance the well-being of the communities in its local board area, having regard to the following factors:
a: the level of dependence on local government services and facilities in each local board area and in other parts of the district (as informed by information available to the unitary authority by reasonable means, and relating to the socio-economic, population, age profile, and other demographic characteristics of each local board area and other part of the district); and
b: the costs of achieving and maintaining the identified levels of service provision for local activities in each local board area; and
c: the rates revenue and any other revenue derived from each local board area in relation to local activities; and
d: any other factor identified by the unitary authority as significantly affecting the nature and level of services needed in any local board area or any other part of the district (for example, the geographic isolation of a particular local board area or part of the district).
5: The formula referred to in subsection (2)﻿(c) must allocate funds to each local board in a way that provides equitable resources and support to that local board, having regard to the following factors:
a: the number of elected members on the local board; and
b: the size of the local board area; and
c: any other factor identified by the unitary authority as significantly affecting the operational costs of the local board; and
d: the funding amount allocated to the local board under subsection (4).
6: If the unitary authority amends its local boards funding policy under section 93(4) sections 93D(4) 94 Section 48M inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014 Local board plans and agreements Heading inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48N: Local board plans
1: Each local board must adopt a local board plan—
a: as soon as practicable after each triennial general election; but
b: not later than 31 October in the year immediately after the year of that election.
2: The purpose of a local board plan is—
a: to reflect the priorities and preferences of the communities within the local board area in respect of the level and nature of local activities to be provided by the unitary authority over the next 3 years; and
b: to identify and describe the interests and preferences of the people within the local board area for the purpose of enabling the local board to communicate those interests and preferences for the purposes of section 48K(1)﻿(b)
c: to provide a basis for developing the local board agreement for the next 3 years; and
d: to inform the development of the next long-term plan, particularly in relation to the identification of the non-regulatory activities of the unitary authority for which decision-making responsibility should be allocated to the local board; and
e: to provide a basis for accountability of the local board to the communities in the local board area; and
f: to provide an opportunity for people to participate in decision-making processes on the nature and level of local activities to be provided by the unitary authority within the local board area.
3: A local board plan must include—
a: a statement of the default levels of service for local activities; and
b: an explanation of each variation from the default levels of services proposed for the local board area, if any; and
c: an estimate of the additional cost or saving associated with each variation, if any; and
d: an indicative local board budget, incorporating the estimates referred to in paragraph (c), that—
i: does not exceed the estimated funding allocation for the local board for the following year included in the long-term plan under clause 17A(c)
ii: exceeds the estimated funding allocation referred to in subparagraph (i), but identifies how the expenses in excess of that allocation are proposed to be met from 1 or more local revenue sources.
4: In adopting a local board plan under subsection (1), a local board may follow whatever processes it considers appropriate to give effect to—
a: the purpose of the plan; and
b: the requirements in section 82
5: In this section,— default levels of service
a: funded in each local board funding allocation; and
b: specified in the long-term plan (in accordance with clause 4 following year
6: In subsection (3)﻿(d)﻿(ii), local revenue sources
a: a targeted rate for all or part of the local board area; and
b: a fee or charge relating to a local activity; and
c: any other revenue connected with a local activity. Section 48N inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48O: Local board agreements
1: For each financial year, the unitary authority must have a local board agreement (as agreed between the governing body and the local board) for each local board area.
2: A local board agreement must set out how the unitary authority will, in the year to which the agreement relates, reflect the priorities and preferences in the local board's plan in respect of—
a: the local activities to be provided in the local board area; and
b: the responsibilities, duties, or powers delegated to the local board by the governing body under clause 36C
c: the implementation or enforcement of bylaws made by the unitary authority as a result of a proposal from the local board.
3: A local board agreement is not required to reflect the priorities and preferences in its local board plan in respect of the matters referred to in subsection (2) to the extent that 1 or more of the following apply:
a: the local board determines that the priorities and preferences in the plan no longer reflect the priorities and preferences of the communities in the local board area; or
b: the governing body determines that the indicative budget in the plan is, or has become, significantly inaccurate; or
c: consistency with the plan would be contrary to any enactment.
4: A local board agreement must not be inconsistent with the adopted strategies, plans, policies, and objectives of the governing body.
5: For the purposes of subsection (2)﻿(a), a local board agreement must, in respect of the local activities to be provided in the local board area in the year to which the agreement relates, include—
a: a statement of the intended levels of service provision that specifies—
i: any performance measures specified in a rule made under section 261B clause 2(2)
ii: the performance measures that the unitary authority considers will enable the public to assess the level of service for major aspects of an activity for which performance measures have not been specified as described in subparagraph (i); and
iii: the performance target or targets set by the unitary authority for each performance measure; and
iv: any intended changes to the level of service that was provided in the year before the year to which the agreement relates and the reasons for the change; and
b: the funding impact statement in the form prescribed for inclusion in an annual plan under clause 20(2)
c: a statement of how any expenses in excess of the local board's estimated funding allocation under clause 21A(b)
6: Each local board must monitor the implementation of the local board agreement for its local board area. Section 48O inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48P: Consultation required on proposed content of local board agreement
1: A unitary authority undertaking consultation on the proposed content of a long-term plan or an annual plan under this Act must undertake consultation on the proposed content of each local board agreement to be included in that long-term plan or annual plan in accordance with sections 93A to 93G section 95(2)
2: Subsection (1) does not prevent the unitary authority undertaking other consultation that may be desirable in relation to the proposed content of a local board agreement.” Section 48P inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48Q: Application of Schedule 7 to local boards and their members
1: Part 1A
2: Part 1 clauses 15 32AA to 36A Section 48Q inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014 Disputes between local boards and governing body Heading inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48R: Disputes about allocation of decision-making responsibilities or proposed bylaws
1: Subsection (2) applies if—
a: 1 or more local boards are dissatisfied with a decision of the governing body under section 48L(1)
b: a local board is dissatisfied with a decision of the governing body under section 150B(3)﻿(b) 150E(3)﻿(b)
2: The local board or boards concerned and the governing body must make reasonable efforts to reach a mutually acceptable and timely resolution of the dispute, having regard to—
a: the requirements of this Act; and
b: the current and future well-being of the communities of the district, and the interests and preferences of the communities within each affected local board area.
3: If, after acting under subsection (2), the dispute is still unresolved, 1 or more local boards may apply, in writing, to the Commission for a binding determination on the matter.
4: An application must be accompanied by copies of all reports, correspondence, and other information that are relevant to the matter and held by the local board or boards. Section 48R inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
48S: Local Government Commission to determine disputes
1: Promptly after receiving an application under section 48R(3)
2: After receiving the information from the mayor and the chief executive, the Commission must—
a: consider the information it has received from them, and from the local board or boards concerned under section 48R(4)
b: determine the matter, having regard to—
i: the requirements of this Act; and
ii: the current and future well-being of the communities of the district, and the interests and preferences of the communities within each affected local board area; and
iii: any other matter that the Commission considers on reasonable grounds to be relevant.
3: For the purposes of making a determination, the Commission—
a: must treat the matter as urgent; and
b: may make any inquiries that it considers appropriate; and
c: may (but is not obliged to) hold meetings with the local board or boards, the governing body, or any other person.
4: The Commission may apportion the actual and reasonable costs incurred by it in making a determination between the local board or boards and the governing body as it thinks fit, having regard to the merits of the initial positions of the local board or boards and the governing body.
5: Any costs apportioned to a local board under subsection (4) must be paid from the local board's budget.
6: Subsection (7) applies if—
a: the Commission is required to determine a matter that relates to the content of an adopted long-term plan; and
b: the Commission determines that the long-term plan should be amended.
7: The unitary authority must amend the long-term plan to the extent necessary to give effect to the determination and may do so without further authority than this section. Section 48S inserted 8 August 2014 section 17 Local Government Act 2002 Amendment Act 2014
2: Community boards
49: Establishment of community boards
1: A community board must be established for each community constituted, in accordance with Schedule 6
a: an Order in Council made under section 25
b: a resolution made by the territorial authority within whose district the community will be situated as a result of a proposal by electors to establish a community; or
c: a resolution made by the territorial authority within whose district the community will be situated as a result of the territorial authority's review of representation arrangements.
2: The community board must be described as the [ name of community 1974 No 66 s 101ZG Section 49(1)﻿(a) amended 5 December 2012 section 24 Local Government Act 2002 Amendment Act 2012
50: Membership of community boards
The membership of a community board consists of—
a: members elected under the Local Electoral Act 2001
b: members (if any) of, and appointed in accordance with the Local Electoral Act 2001
51: Status of community boards
A community board—
a: is an unincorporated body; and
b: is not a local authority; and
c: is not a committee of the relevant territorial authority. 1974 No 66 s 101ZP
52: Role of community boards
The role of a community board is to—
a: represent, and act as an advocate for, the interests of its community; and
b: consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board; and
c: maintain an overview of services provided by the territorial authority within the community; and
d: prepare an annual submission to the territorial authority for expenditure within the community; and
e: communicate with community organisations and special interest groups within the community; and
f: undertake any other responsibilities that are delegated to it by the territorial authority. 1974 No 66 s 101ZY
53: Powers of community boards
1: A community board has the powers that are—
a: delegated to it by the relevant territorial authority in accordance with clause 32
b: prescribed by the Order in Council constituting its community.
2: The powers of a community board prescribed by Order in Council expire at the close of 6 years after the order comes into force.
3: Despite subsection (1), a community board may not—
a: acquire, hold, or dispose of property; or
b: appoint, suspend, or remove staff. 1974 No 66 ss 101ZZ 101ZZA
54: Application of other provisions to community boards
1: Part 2
2: Part 1 clauses 15 33 to 36
3: Register of members’ pecuniary interests
Subpart 3 inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
54A: Register of members’ pecuniary interests
1: A local authority must keep a register of the pecuniary interests of—
a: members of the local authority; and
b: members who have been elected under the Local Electoral Act 2001
c: members who have been elected under the Local Electoral Act 2001
2: The register must comprise the pecuniary interest returns that—
a: are made by members under section 54C
b: contain all information in any pecuniary interest return that is required to be disclosed under sections 54E 54F section 54D
3: The local authority must—
a: make a summary of the information contained in the register publicly available; and
b: ensure that information contained in the register—
i: is only used or disclosed in accordance with the purpose of the register; and
ii: is retained for 7 years after the date on which a member provides the information, and is then removed from the register. Section 54A inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
54B: Purpose of register
The purpose of the register of members’ pecuniary interests is to record members’ interests so as to provide transparency and to strengthen public trust and confidence in local government processes and decision-making. Section 54B inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
54C: Members to make pecuniary interest returns
1: A member described in section 54A(1)﻿(a), (b), or (c) sections 54E 54F
2: The member must make the pecuniary interest return by the following dates:
a: the day that is 120 days after the date on which the member comes into office under section 115
b: the last day of February in each subsequent year.
3: The member must make the return by providing it to the Registrar. Section 54C inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
54D: Accuracy of information included in pecuniary interest return
1: When making a pecuniary interest return under section 54C
2: However, if a member becomes aware of an error or omission in any return that the member has made, the member must advise the Registrar of that error or omission as soon as practicable after becoming aware of it.
3: When advised of an error or omission in a pecuniary interest return, the Registrar must correct the register of members’ pecuniary interests accordingly. Section 54D inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
54E: Contents of pecuniary interest return relating to member’s position
1: Every pecuniary interest return must contain the following information:
a: the name of each company of which the member is a director or holds or controls more than 10% of the voting rights and a description of the main business activities of each of those companies:
b: the name of every other company or business entity in which the member has a pecuniary interest, other than as an investor in a managed investment scheme, and a description of the main business activities of each of those companies or business entities:
c: if the member is employed, the name of each employer of the member and a description of the main business activities of each of those employers:
d: the name of each trust in which the member has a beneficial interest:
e: the name of any organisation or trust and a description of the main activities of that organisation or trust if—
i: the member is a member of the organisation, a member of the governing body of the organisation, or a trustee of the trust (as applicable); and
ii: the organisation or trust receives funding from, or has applied to receive funding from, the local authority, local board, or community board to which the member has been elected:
f: the title and description of any organisation in which the member holds an appointment by virtue of being an elected member:
g: the location of real property in which the member has a legal interest, other than an interest as a trustee, and a description of the nature of the real property:
h: the location of real property, and a description of the nature of the real property, held by a trust to which the following apply:
i: the member is a beneficiary of the trust; and
ii: the member knows or ought reasonably to know that the member is a beneficiary of the trust; and
iii: it is not a unit trust whose name is disclosed under subclause (1)﻿(d); and
iv: it is not a retirement scheme whose membership is open to the public.
2: For the purposes of subsection (1)﻿(b), a member does not have a pecuniary interest in a company or business entity ( entity A
3: For the purposes of subsection (1)﻿(e), a member is not required to disclose the name and a description of the main activities of an organisation that is a council-controlled organisation.
4: For the purposes of subsection (1)﻿(g) and (h), a member is not required to disclose the street address of the real property, but must provide the general location (for example, the suburb and city in which it is located).
5: For the purposes of this section,— business entity company section 2(1)
a: a body corporate that is incorporated outside of New Zealand:
b: a society incorporated under the Industrial and Provident Societies Act 1908 employed
a: means employed under a contract of service; but
b: does not include holding—
i: the position of an elected member of a local authority, local board, or community board (as applicable); or
ii: any other position for which the person in question would not be qualified unless he or she had been elected a member of a local authority, local board, or community board (as applicable) managed investment scheme section 9(1), (2), and (4) Section 54E inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
54F: Contents of pecuniary interest return relating to member’s activities
1: Every pecuniary interest return must also contain the following information:
a: for each country (other than New Zealand) that the member travelled to,—
i: the name of the country; and
ii: the purpose of travelling to the country; and
iii: the name of each person who contributed (in whole or in part) to the costs of the travel to and from the country; and
iv: the name of each person who contributed (in whole or in part) to the accommodation costs incurred by the member while in the country:
b: a description of each gift (including hospitality and donations in cash or kind but excluding any donation made to cover expenses in an electoral campaign) received by the member and the name of the donor of each of those gifts (if known or reasonably ascertainable by the member) if—
i: the gift has an estimated market value in New Zealand of more than $500; or
ii: the combined estimated market value in New Zealand of all gifts from the donor is more than $500:
c: a description of each payment received by the member for activities in which the member is involved other than—
i: the salary or allowances paid to that person under the Remuneration Authority Act 1977
ii: any payment the member received from an interest required to be disclosed under section 54E
iii: any payment made in respect of any activity the member ceased to be involved in before becoming a member.
2: The information referred to in subsection (1)﻿(a) does not have to be included in the pecuniary interest return if the travel costs and accommodation costs were paid in full by the following or any combination of the following:
a: the member:
b: a member of the member’s family.
3: The information referred to in subsection (1)﻿(b) does not have to be included in the pecuniary interest return if the gift was from a member of the member’s family unless the member, taking the purpose of the register into account ( see section 54B
4: For the purposes of this section, member of the member’s family Section 54F inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
54G: Registrar
1: A local authority must appoint a Registrar to—
a: compile and maintain the register of members’ pecuniary interests; and
b: provide advice and guidance to members in connection with their obligations under this subpart.
2: The chief executive of a local authority may be the Registrar under subsection (1). Section 54G inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
54H: Responsibility of members
1: It is the responsibility of each member to ensure that they fulfil the obligations imposed on them under this subpart.
2: A Registrar is not required to—
a: notify any member of—
i: that member’s failure to make a pecuniary interest return by the due date; or
ii: any error or omission in that member’s pecuniary interest return; or
b: obtain any pecuniary interest return for a member.
3: To avoid doubt,—
a: a member’s obligations under this subpart are in addition to any obligations under, and do not affect the application of, the Local Authorities (Members’ Interests) Act 1968
b: a pecuniary interest that a member has declared under this subpart is not necessarily an interest for the purposes of the Local Authorities (Members’ Interests) Act 1968 Section 54H inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
54I: Definition of Registrar
In this subpart, Registrar section 54G Section 54I inserted 20 November 2022 section 4 Local Government (Pecuniary Interests Register) Amendment Act 2022
5: Council-controlled organisations and council organisations
55: Outline of Part
This Part establishes—
a: requirements for the governance and accountability of council-controlled organisations and council organisations; and
b: procedures for the transfer of local authority undertakings to council-controlled organisations. Establishment
56: Consultation required before council-controlled organisation established
1: Before a local authority may establish or become a shareholder in a council-controlled organisation, the local authority must undertake consultation in accordance with section 82
2: The consultation required in subsection (1) may be undertaken as part of another proposal or as part of a long-term Section 56(1) replaced 8 August 2014 section 18 Local Government Act 2002 Amendment Act 2014 Section 56(2) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Directors
57: Appointment of directors
1: A local authority must adopt a policy that sets out an objective and transparent process for—
a: the identification and consideration of the skills, knowledge, and experience required of directors of a council organisation; and
b: the appointment of directors to a council organisation; and
c: the remuneration of directors of a council organisation.
2: A local authority may appoint a person to be a director of a council organisation only if the person has, in the opinion of the local authority, the skills, knowledge, or experience to—
a: guide the organisation, given the nature and scope of its activities; and
b: contribute to the achievement of the objectives of the organisation.
3: When identifying the skills, knowledge, and experience required of directors of a council-controlled organisation, the local authority must consider whether knowledge of tikanga Māori may be relevant to the governance of that council-controlled organisation. Section 57(3) inserted 22 October 2019 section 21 Local Government Act 2002 Amendment Act 2019
58: Role of directors of council-controlled organisations
1: The role of a director of a council-controlled organisation is to assist the organisation to meet its objectives and any other requirements in its statement of intent.
2: This section does not limit or affect the other duties that a director of a council-controlled organisation has.
59: Principal objective of council-controlled organisation
1: The principal objective of a council-controlled organisation is to—
a: achieve the objectives of its shareholders, both commercial and non-commercial, as specified in the statement of intent; and
b: be a good employer; and
c: exhibit a sense of social and environmental responsibility by having regard to the interests of the community in which it operates and by endeavouring to accommodate or encourage these when able to do so; and
d: if the council-controlled organisation is a council-controlled trading organisation, conduct its affairs in accordance with sound business practice.
2: In subsection (1)﻿(b), good employer clause 36
60: Decisions relating to operation of council-controlled organisations
All decisions relating to the operation of a council-controlled organisation must be made by, or under the authority of, the board of the organisation in accordance with—
a: its statement of intent; and
b: its constitution. 1974 No 66 s 594R
60A: Significant decisions of council-controlled organisations affecting land or water
Before a council-controlled organisation makes a decision that may significantly affect land or a body of water, it must take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga. Section 60A inserted 22 October 2019 section 22 Local Government Act 2002 Amendment Act 2019
61: Activities undertaken on behalf of local authorities
Nothing in this Part restricts or limits the application of section 17A Section 61 replaced 8 August 2014 section 19 Local Government Act 2002 Amendment Act 2014
62: Prohibition on guarantees, etc
A local authority must not give any guarantee, indemnity, or security in respect of the performance of any obligation by a council-controlled trading organisation. 1974 No 66 s 594ZP
63: Restriction on lending to council-controlled trading organisation
A local authority must not lend money, or provide any other financial accommodation, to a council-controlled trading organisation on terms and conditions that are more favourable to the council-controlled trading organisation than those that would apply if the local authority were (without charging any rate or rate revenue as security) borrowing the money or obtaining the financial accommodation. 1974 No 66 s 594ZPA Council-controlled organisation planning Heading replaced 22 October 2019 section 23 Local Government Act 2002 Amendment Act 2019
64: Statements of intent for council-controlled organisations
1: Every council-controlled organisation must prepare and adopt a statement of intent in accordance with Part 1
2: The purpose of a statement of intent is to—
a: state publicly the activities and intentions of the council-controlled organisation for the year and the objectives to which those activities will contribute; and
b: provide an opportunity for shareholders to influence the direction of the organisation; and
c: provide a basis for the accountability of the directors to their shareholders for the performance of the organisation.
3: The statement of intent—
a: must not be inconsistent with the constitution of the council-controlled organisation; and
b: may include and apply to 2 or more related council-controlled organisations.
4: Every statement of intent of a council-controlled organisation must comply with Part 2
5: Every statement of intent of a council-controlled trading organisation must comply with Part 3
6: Every statement of intent of a council-controlled organisation that is not a council-controlled trading organisation must comply with Part 4
7: All information that is included in a statement of intent under this section must be prepared in accordance with generally accepted accounting practice if that information is of a form or nature for which generally accepted accounting practice has developed standards.
8: Despite this section, an organisation that becomes a council-controlled organisation not more than 6 months before the end of a financial year is not required to prepare a statement of intent for that financial year.
9: Each shareholding local authority must publish the adopted statement of intent on an Internet site maintained by or on behalf of the local authority within 1 month of adopting it, and must maintain the statement on that site for a period of no less than 7 years.
10: A failure by a council-controlled organisation to comply with any requirement of this section, or with any statement in the organisation’s statement of intent, does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by that organisation. Section 64 replaced 22 October 2019 section 23 Local Government Act 2002 Amendment Act 2019
64A: Shareholders may require additional plans
1: The shareholders of a council-controlled organisation may require the organisation to prepare and deliver additional plans, including—
a: an asset management plan:
b: a long-term plan:
c: 1 or more thematic plans (for example, a climate change mitigation plan).
2: A requirement to provide a plan must be notified to the council-controlled organisation in writing and must specify—
a: the date by which the plan must be delivered to the shareholders; and
b: the matters to be addressed in the plan; and
c: the time period that the plan is to cover.
3: A requirement to provide a plan may also specify a date or dates by which, or intervals at which, the organisation must report on its progress against the plan.
4: The board of a council-controlled organisation must deliver plans, and reports against those plans, in accordance with the terms of the requirement. Section 64A inserted 22 October 2019 section 23 Local Government Act 2002 Amendment Act 2019
64B: Statement of expectations
1: The shareholders in a council-controlled organisation may prepare a statement of expectations that—
a: specifies how the organisation is to conduct its relationships with—
i: shareholding local authorities; and
ii: the communities of those local authorities, including any specified stakeholders within those communities; and
iii: iwi, hapū, and other Māori organisations; and
b: requires the organisation to act consistently with—
i: the statutory obligations of the shareholding local authorities; and
ii: the shareholders’ obligations pursuant to agreements with third parties (including with iwi, hapū, or other Māori organisations).
2: A statement of expectations may include other shareholder expectations, such as expectations in relation to community engagement and collaboration with shareholders and others in the delivery of services.
3: A statement of expectations must be published on an Internet site maintained by or on behalf of each local authority that is a shareholder of the organisation. Section 64B inserted 22 October 2019 section 23 Local Government Act 2002 Amendment Act 2019 Monitoring and reporting
65: Performance monitoring
1: A local authority that is a shareholder in a council organisation must regularly undertake performance monitoring of that organisation to evaluate its contribution to the achievement of—
a: the local authority's objectives for the organisation; and
b: (if applicable)
c: the overall aims and outcomes of the local authority.
2: A local authority must, as soon as practicable after a statement of intent of a council-controlled organisation
a: agree to the
b: if it does not agree, take all practicable steps under clause 6 Section 65(1)﻿(b) amended 7 July 2004 section 5(1) Local Government Act 2002 Amendment Act 2004 Section 65(2) amended 7 July 2004 section 5(2) Local Government Act 2002 Amendment Act 2004 Section 65(2)﻿(a) amended 7 July 2004 section 5(3) Local Government Act 2002 Amendment Act 2004
66: Half-yearly or quarterly reports
1: During each financial year, the board of a council-controlled organisation must report on the organisation’s operations to—
a: its shareholders; and
b: in the case of an organisation that is indirectly controlled by 1 or more local authorities (for example, a subsidiary of a holding company owned by a local authority), to each local authority that indirectly controls the organisation.
2: A half-yearly report must be delivered within 2 months after the end of the first half of each financial year.
3: If the shareholders of the council-controlled organisation notify the organisation that they require quarterly reporting, quarterly reports must also be delivered within 2 months after the end of the first and third quarters of each financial year.
4: Each report must include the information required to be included by the council-controlled organisation’s statement of intent.
5: Each local authority that receives a report under this section must publish the report on an Internet site maintained by or on behalf of the local authority within 1 month of receiving it and must maintain the report on that site for a period of no less than 7 years. 1974 No 66 s 594Z Section 66 replaced 22 October 2019 section 24 Local Government Act 2002 Amendment Act 2019
67: Annual report
1: Within 3 months after the end of each financial year, the board of a council-controlled organisation must—
a: complete a report on the organisation’s operations during that year; and
b: deliver the report to its shareholders and, in the case of an organisation that is indirectly controlled by 1 or more local authorities (for example, a subsidiary of a holding company owned by a local authority), to each local authority that indirectly controls the organisation; and
c: make the report available to the public.
2: The report must include the information required to be included by—
a: sections 68 69
b: its statement of intent.
3:
3: If a council-controlled organisation has undertaken to obtain or has obtained compensation from its shareholders in respect of any activity, the undertaking or the amount of compensation obtained must be recorded in the annual report of the council-controlled organisation.
4: Each local authority that receives an annual report under this section must publish the annual report on an Internet site maintained by or on behalf of the local authority within 1 month of receiving it, and must maintain the report on that site for a period of no less than 7 years.
5:
6: 2023-01-01 Local Government Act 2002 See section 67(6) (inserted on 13 July 2021). Section 67(1) replaced 22 October 2019 section 25(1) Local Government Act 2002 Amendment Act 2019 Section 67(3) repealed 7 July 2004 section 6 Local Government Act 2002 Amendment Act 2004 Section 67(3) inserted 22 October 2019 section 25(2) Local Government Act 2002 Amendment Act 2019 Section 67(4) inserted 22 October 2019 section 25(2) Local Government Act 2002 Amendment Act 2019 Section 67(5) heading repealed close of 31 December 2022 Section 67(5) repealed close of 31 December 2022 Section 67(6) repealed close of 31 December 2022
67A: Extension of time limit for 2019/20 financial year annual reports: COVID-19
2021-02-01 Local Government Act 2002 section 67A is repealed on 1 February 2021 Section 67A repealed 1 February 2021
68: Content of reports on operations of council-controlled organisations
A report on the operations of a council-controlled organisation under section 67
a: contain the information that is necessary to enable an informed assessment of the operations of that organisation and its subsidiaries, including—
i: a comparison of the performance of the organisation and its subsidiaries with the statement of intent; and
ii: an explanation of any material variances between that performance and the statement of intent; and
b: state the dividend, if any, authorised to be paid or the maximum dividend proposed to be paid by that organisation for its equity securities (other than fixed interest securities) for the financial year to which the report relates. 1974 No 66 s 594Z
69: Financial statements and auditor's report
1: A report on the operations of a council-controlled organisation under section 67
a: audited consolidated financial statements for that financial year for that organisation and its subsidiaries; and
b: an auditor's report on—
i: those financial statements; and
ii: the performance targets and other measures by which performance was judged in relation to that organisation's objectives.
2: The audited financial statements under subsection (1)﻿(a) must be prepared in accordance with generally accepted accounting practice. 1974 No 66 s 594Z
70: Auditor-General is auditor of council-controlled organisations
Despite sections 207P to 207V section 4 1974 No 66 s 594ZC Section 70 amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
71: Protection from disclosure of sensitive information
Nothing in this Act requires the inclusion in any statement of intent, annual report, financial statement, half-yearly report, or quarterly report Local Government Official Information and Meetings Act 1987 1974 No 66 s 594ZA Section 71 amended 22 October 2019 section 26 Local Government Act 2002 Amendment Act 2019
71A: Application of Part to listed companies
1: This section applies to a council-controlled organisation if the shares of any of the following are quoted on a licensed market (within the meaning of section 6(1)
a: the council-controlled organisation:
b: a holding company of the council-controlled organisation:
c: controlling companies of the council-controlled organisation.
2: If subsection (1) applies, the council-controlled organisation is not required to—
a: have a statement of intent under section 64
b: deliver a half-yearly report or quarterly report section 66
c: deliver an annual report under section 67
3: In this section,— controlling companies holding company section 5 Section 71A inserted 7 July 2004 section 7 Local Government Act 2002 Amendment Act 2004 Section 71A(1) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 71A(2)﻿(b) amended 22 October 2019 section 27 Local Government Act 2002 Amendment Act 2019
72: Application of Act to related companies
Sections 57 to 71 section 2(3) and (4) Section 72 substituted 7 July 2004 section 8 Local Government Act 2002 Amendment Act 2004 Transfer of undertakings
73: Transfer of undertakings to council-controlled organisations
Schedule 9 Application of Local Government Official Information and Meetings Act 1987 and Ombudsmen Act 1975 to council-controlled organisations
74: Official information
1: Parts 1 to 6
2: The Ombudsmen Act 1975 Part 3
6: Planning, decision-making, and accountability
75: Outline of Part
This Part—
a: sets out obligations of local authorities in relation to the making of decisions:
b: states the obligations of local authorities in relation to the involvement of Māori in decision-making processes:
c: states the obligations of local authorities in relation to consultation with interested and affected persons:
d: sets out the nature and use of the special consultative procedure:
e:
f: prescribes the processes and general content of the long-term Schedule 10
g: prescribes the obligations of local authorities in relation to financial management:
h: provides for borrowing by local authorities. Section 75(e) repealed 27 November 2010 section 8 Local Government Act 2002 Amendment Act 2010 Section 75(f) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010
1: Planning and decision-making
Significance and engagement policy Heading inserted 8 August 2014 section 20 Local Government Act 2002 Amendment Act 2014
76AA: Significance and engagement policy
1: Every local authority must adopt a policy setting out—
a: that local authority's general approach to determining the significance of proposals and decisions in relation to issues, assets, and other matters; and
b: any criteria or procedures that are to be used by the local authority in assessing the extent to which issues, proposals, assets, decisions, or activities are significant or may have significant consequences; and
c: how the local authority will respond to community preferences about engagement on decisions relating to specific issues, assets, or other matters, including the form of consultation that may be desirable; and
d: how the local authority will engage with communities on other matters.
2: The purpose of the policy is—
a: to enable the local authority and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities; and
b: to provide clarity about how and when communities can expect to be engaged in decisions about different issues, assets, or other matters; and
c: to inform the local authority from the beginning of a decision-making process about—
i: the extent of any public engagement that is expected before a particular decision is made; and
ii: the form or type of engagement required.
3: The policy adopted under subsection (1) must list the assets considered by the local authority to be strategic assets.
4: A policy adopted under subsection (1) may be amended from time to time.
5: When adopting or amending a policy under this section, the local authority must consult in accordance with section 82
6: To avoid doubt, section 80 Section 76AA inserted 8 August 2014 section 20 Local Government Act 2002 Amendment Act 2014 Decision-making
76: Decision-making
1: Every decision made by a local authority must be made in accordance with such of the provisions of sections 77 78 80 81 82
2: Subsection (1) is subject, in relation to compliance with sections 77 78 section 79
3: A local authority—
a: must ensure that, subject to subsection (2), its decision-making processes promote compliance with subsection (1); and
b: in the case of a significant decision, must ensure, before the decision is made, that subsection (1) has been appropriately observed.
4: For the avoidance of doubt, it is declared that, subject to subsection (2), subsection (1) applies to every decision made by or on behalf of a local authority, including a decision not to take any action.
5: Where a local authority is authorised or required to make a decision in the exercise of any power, authority, or jurisdiction given to it by this Act or any other enactment or by any bylaws, the provisions of subsections (1) to (4) and the provisions applied by those subsections, unless inconsistent with specific requirements of the Act, enactment, or bylaws under which the decision is to be made, apply in relation to the making of the decision.
6: This section and the sections applied by this section do not limit any duty or obligation imposed on a local authority by any other enactment.
77: Requirements in relation to decisions
1: A local authority must, in the course of the decision-making process,—
a: seek to identify all reasonably practicable options for the achievement of the objective of a decision; and
b: assess the options in terms of their advantages and disadvantages; and
c: if any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna, and other taonga.
2: This section is subject to section 79 Section 77(1)﻿(b) replaced 8 August 2014 section 21 Local Government Act 2002 Amendment Act 2014
78: Community views in relation to decisions
1: A local authority must, in the course of its decision-making process in relation to a matter, give consideration to the views and preferences of persons likely to be affected by, or to have an interest in, the matter.
2:
3: A local authority is not required by this section alone to undertake any consultation process or procedure.
4: This section is subject to section 79 Section 78(2) repealed 27 November 2010 section 9 Local Government Act 2002 Amendment Act 2010
79: Compliance with procedures in relation to decisions
1: It is the responsibility of a local authority to make, in its discretion, judgments—
a: about how to achieve compliance with sections 77 78 as determined in accordance with the policy under section 76AA
b: about, in particular,—
i: the extent to which different options are to be identified and assessed; and
ii: the degree to which benefits and costs are to be quantified; and
iii: the extent and detail of the information to be considered; and
iv: the extent and nature of any written record to be kept of the manner in which it has complied with those sections.
2: In making judgments under subsection (1), a local authority must have regard to the significance of all relevant matters and, in addition, to—
a: the principles set out in section 14
b: the extent of the local authority's resources; and
c: the extent to which the nature of a decision, or the circumstances in which a decision is taken, allow the local authority scope and opportunity to consider a range of options or the views and preferences of other persons.
3: The nature and circumstances of a decision referred to in subsection (2)﻿(c) include the extent to which the requirements for such decision-making are prescribed in or under any other enactment (for example, the Resource Management Act 1991
4: Subsection (3) is for the avoidance of doubt. Section 79(1)﻿(a) amended 8 August 2014 section 22 Local Government Act 2002 Amendment Act 2014 Section 79(3) added 7 July 2004 section 9 Local Government Act 2002 Amendment Act 2004 Section 79(4) added 7 July 2004 section 9 Local Government Act 2002 Amendment Act 2004
80: Identification of inconsistent decisions
1: If a decision of a local authority is significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent with, any policy adopted by the local authority or any plan required by this Act or any other enactment, the local authority must, when making the decision, clearly identify—
a: the inconsistency; and
b: the reasons for the inconsistency; and
c: any intention of the local authority to amend the policy or plan to accommodate the decision.
2: Subsection (1) does not derogate from any other provision of this Act or of any other enactment.
81: Contributions to decision-making processes by Māori
1: A local authority must—
a: establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority; and
b: consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority; and
c: provide relevant information to Māori for the purposes of paragraphs (a) and (b).
2: A local authority, in exercising its responsibility to make judgments about the manner in which subsection (1) is to be complied with, must have regard to—
a: the role of the local authority, as set out in section 11
b: such other matters as the local authority considers on reasonable grounds to be relevant to those judgments. Consultation
82: Principles of consultation
1: Consultation that a local authority undertakes in relation to any decision or other matter must be undertaken, subject to subsections (3) to (5), in accordance with the following principles:
a: that persons who will or may be affected by, or have an interest in, the decision or matter should be provided by the local authority with reasonable access to relevant information in a manner and format that is appropriate to the preferences and needs of those persons:
b: that persons who will or may be affected by, or have an interest in, the decision or matter should be encouraged by the local authority to present their views to the local authority:
c: that persons who are invited or encouraged to present their views to the local authority should be given clear information by the local authority concerning the purpose of the consultation and the scope of the decisions to be taken following the consideration of views presented:
d: that persons who wish to have their views on the decision or matter considered by the local authority should be provided by the local authority with a reasonable opportunity to present those views to the local authority in a manner and format that is appropriate to the preferences and needs of those persons:
e: that the views presented to the local authority should be received by the local authority with an open mind and should be given by the local authority, in making a decision, due consideration:
f: that persons who present views to the local authority should have access to a clear record or description of relevant decisions made by the local authority and explanatory material relating to the decisions, which may include, for example, reports relating to the matter that were considered before the decisions were made.
2: A local authority must ensure that it has in place processes for consulting with Māori in accordance with subsection (1).
3: The principles set out in subsection (1) are, subject to subsections (4) and (5), to be observed by a local authority in such manner as the local authority considers, in its discretion, to be appropriate in any particular instance.
4: A local authority must, in exercising its discretion under subsection (3), have regard to—
a: the requirements of section 78
b: the extent to which the current views and preferences of persons who will or may be affected by, or have an interest in, the decision or matter are known to the local authority; and
c: the nature and significance of the decision or matter, including its likely impact from the perspective of the persons who will or may be affected by, or have an interest in, the decision or matter; and
d: the provisions of Part 1
e: the costs and benefits of any consultation process or procedure.
5: Where a local authority is authorised or required by this Act or any other enactment to undertake consultation in relation to any decision or matter and the procedure in respect of that consultation is prescribed by this Act or any other enactment, such of the provisions of the principles set out in subsection (1) as are inconsistent with specific requirements of the procedure so prescribed are not to be observed by the local authority in respect of that consultation. Section 82(1)﻿(f) replaced 8 August 2014 section 23 Local Government Act 2002 Amendment Act 2014
82A: Information requirements for consultation required under this Act
1: This section applies if this Act requires a local authority to consult in accordance with, or using a process or a manner that gives effect to, the requirements of section 82
2: The local authority must, for the purposes of section 82(1)﻿(a) and (c)
a: the proposal and the reasons for the proposal; and
b: an analysis of the reasonably practicable options, including the proposal, identified under section 77(1)
c: if a plan or policy or similar document is proposed to be adopted, a draft of the proposed plan, policy, or other document; and
d: if a plan or policy or similar document is proposed to be amended, details of the proposed changes to the plan, policy, or other document.
3: In the case of consultation on an annual plan under section 95(2) section 95A
4: Nothing in this section applies where the special consultative procedure under section 83
5: Nothing in this section limits the application of section 82 Section 82A inserted 8 August 2014 section 24 Local Government Act 2002 Amendment Act 2014
83: Special consultative procedure
1: Where this Act or any other enactment requires a local authority to use or adopt the special consultative procedure, that local authority must—
a: prepare and adopt—
i: a statement of proposal; and
ii: if the local authority considers on reasonable grounds that it is necessary to enable public understanding of the proposal, a summary of the information contained in the statement of proposal (which summary must comply with section 83AA
b: ensure that the following is publicly available:
i: the statement of proposal; and
ii: a description of how the local authority will provide persons interested in the proposal with an opportunity to present their views to the local authority in accordance with section 82(1)﻿(d)
iii: a statement of the period within which views on the proposal may be provided to the local authority (the period being not less than 1 month from the date the statement is issued); and
c: make the summary of the information contained in the statement of proposal prepared in accordance with paragraph (a)﻿(ii) (or the statement of proposal, if a summary is not prepared) as widely available as is reasonably practicable as a basis for consultation; and
d: provide an opportunity for persons to present their views to the local authority in a manner that enables spoken (or New Zealand sign language) interaction between the person and the local authority, or any representatives to whom an appropriate delegation has been made in accordance with Schedule 7; and
e: ensure that any person who wishes to present his or her views to the local authority or its representatives as described in paragraph (d)—
i: is given a reasonable opportunity to do so; and
ii: is informed about how and when he or she may take up that opportunity.
2: For the purpose of, but without limiting, subsection (1)﻿(d), a local authority may allow any person to present his or her views to the local authority by way of audio link or audiovisual link.
3: This section does not prevent a local authority from requesting or considering, before making a decision, comment or advice from an officer of the local authority or any other person in respect of the proposal or any views on the proposal, or both. Section 83 replaced 8 August 2014 section 25 Local Government Act 2002 Amendment Act 2014
83AA: Summary of information
A summary of the information contained in a statement of proposal must—
a: be a fair representation of the major matters in the statement of proposal; and
b: be in a form determined by the local authority; and
c: indicate where the statement of proposal is available; and
d: state the period within which persons interested in the proposal may present their views to the local authority. Section 83AA inserted 8 August 2014 section 25 Local Government Act 2002 Amendment Act 2014
83A: Combined or concurrent consultation
1: Where this Act or any other enactment requires a local authority to use or adopt the special consultative procedure in relation to any decision or matter, it may (but is not required to) carry out the consultation at the same time as, or combined with, any other special consultative procedure that it is required to carry out under this or any other enactment.
2: This section—
a: applies except to the extent that this Act or any other enactment expressly provides otherwise; and
b: is for the avoidance of doubt. Section 83A inserted 7 July 2004 section 10 Local Government Act 2002 Amendment Act 2004
83B: Interpretation
1: In sections 83C 93DA 94A 95AAA severe weather event
a: Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
b: heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
c: Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023 severe weather events affected area section 4(1)
2: This section is repealed on the close of 30 September 2023. 2023-10-01 Local Government Act 2002 sections 83B and 83C repealed close of 30 September 2023 (see ss 83B(2) and 83C(4)) Section 83B inserted 13 April 2023 section 23 Severe Weather Emergency Recovery Legislation Act 2023
83C: Use of special consultative procedure during recovery from severe weather events
1: A local authority that is required, by this Act or any other legislation, to use or adopt the special consultative procedure may take the modified approach to using the special consultative procedure that is set out in this section, in a severe weather events affected area.
2: When making decisions about the timing and manner of consultation steps in the course of using the special consultative procedure, the local authority may rely on 1 or more of the modifications set out in subsection (3).
3: The modifications to the special consultative procedure are as follows:
a: the minimum period referred to in section 83(1)﻿(b)﻿(iii)
b: the matters set out in section 83(1)﻿(d) and (e)
4: This section is repealed on the close of 30 September 2023. Section 83C inserted 13 April 2023 section 23 Severe Weather Emergency Recovery Legislation Act 2023
83B: Use of special consultative procedure during outbreak of COVID-19
Section 83B repealed 1 October 2020 section 83D
83C: Long-term plan commencing on 1 July 2021
Section 83C repealed 1 October 2020 section 83D
83D: Repeal of sections 83B and 83C and this section
2020-10-01 Local Government Act 2002 Sections 83B, 83C, 83D repealed Section 83D repealed 1 October 2020
84: Special consultative procedure in relation to long-term
Section 84 repealed 8 August 2014 section 26 Local Government Act 2002 Amendment Act 2014
85: Use of special consultative procedure in relation to annual plan
Section 85 repealed 8 August 2014 section 27 Local Government Act 2002 Amendment Act 2014
86: Use of special consultative procedure in relation to making, amending, or revoking bylaws
1: This section applies if, in accordance with section 156(1)﻿(a)
2: The statement of proposal referred to in section 83(1)﻿(a)
a: as the case may be,—
i: a draft of the bylaw as proposed to be made or amended; or
ii: a statement that the bylaw is to be revoked; and
b: the reasons for the proposal; and
c: a report on any relevant determinations by the local authority under section 155 Section 86 replaced 8 August 2014 section 28 Local Government Act 2002 Amendment Act 2014
87: Other use of special consultative procedure
1: This section applies in any case where—
a: neither section 86 93A
b: a local authority chooses to use the special consultative procedure.
2: In any case to which this section applies, the statement of proposal referred to in section 83(1)﻿(a)
a: if a plan or policy or similar document is proposed to be adopted, a draft of the proposed plan, policy, or document; and
b: in any other case, a detailed statement of the proposal.
3: A statement of proposal under subsection (2)﻿(b) must include—
a: a statement of the reasons for the proposal; and
b: an analysis of the reasonably practicable options, including the proposal, identified under section 77(1)
c: any other information that the local authority identifies as relevant. Section 87(1)﻿(a) amended 8 August 2014 section 75 Local Government Act 2002 Amendment Act 2014
88: Use of special consultative procedure in relation to change of mode of delivery of significant activity
Section 88 repealed 27 November 2010 section 12 Local Government Act 2002 Amendment Act 2010
89: Summary of information
Section 89 repealed 8 August 2014 section 29 Local Government Act 2002 Amendment Act 2014
90: Policy on significance
Section 90 repealed 8 August 2014 section 29 Local Government Act 2002 Amendment Act 2014 Community outcomes Heading repealed 27 November 2010 section 13 Local Government Act 2002 Amendment Act 2010
91: Process for identifying community outcomes
Section 91 repealed 27 November 2010 section 13 Local Government Act 2002 Amendment Act 2010
92: Obligation to report against community outcomes
Section 92 repealed 27 November 2010 section 13 Local Government Act 2002 Amendment Act 2010 Planning
93: Long-term
1: A local authority must, at all times, have a long-term
2: A local authority must use the special consultative procedure in adopting a long-term
3: A long-term
4: A local authority may amend a long-term
5: A local authority must use the special consultative procedure in making any amendment to a long-term
6: The purpose of a long-term
a: describe the activities of the local authority; and
b: describe the community outcomes of the local authority's district or region; and
c: provide integrated decision-making and co-ordination of the resources of the local authority; and
d: provide a long-term focus for the decisions and activities of the local authority; and
e: provide a basis for accountability of the local authority to the community
f:
7: A long-term
a: cover a period of not less than 10 consecutive financial years; and
b: include the information required by Part 1
8: A local authority must, in complying with the requirements of this Act in relation to the preparation and adoption of a long-term
9: A local authority must, in deciding what is appropriate for the purposes of subsection (8)
a: the provisions of sections 77 78 79 80 81 82 83 84 96 97 101
b: the significance of any matter; and
c: the extent of the local authority's resources.
10: A local authority must, within 1 month after the adoption of its long-term plan, make the plan publicly available. Section 93 heading amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 93(1) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 93(2) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 93(3) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 93(4) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 93(5) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 93(6) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 93(6)﻿(e) amended 8 August 2014 section 30(1) Local Government Act 2002 Amendment Act 2014 Section 93(6)﻿(f) repealed 8 August 2014 section 30(2) Local Government Act 2002 Amendment Act 2014 Section 93(7) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 93(8) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 93(9) amended 7 July 2004 section 12 Local Government Act 2002 Amendment Act 2004 Section 93(10) replaced 21 March 2019 section 16 Local Government Regulatory Systems Amendment Act 2019
93A: Use of special consultative procedure in relation to long-term plan
1: Where the special consultative procedure is used in relation to the adoption or amendment of a long-term plan under section 93
a: for the purpose of section 83(1)﻿(a) sections 93B to 93G
b: section 83
2: To avoid doubt, a draft long-term plan must not be used as an alternative to the consultation document. Section 93A inserted 8 August 2014 section 31 Local Government Act 2002 Amendment Act 2014
93B: Purpose of consultation document for long-term plan
The purpose of the consultation document is to provide an effective basis for public participation in local authority decision-making processes relating to the content of a long-term plan by—
a: providing a fair representation of the matters that are proposed for inclusion in the long-term plan, and presenting these in a way that—
i: explains the overall objectives of the proposals, and how rates, debt, and levels of service might be affected; and
ii: can be readily understood by interested or affected people; and
b: identifying and explaining to the people of the district or region, significant and other important issues and choices facing the local authority and district or region, and the consequences of those choices; and
c: informing discussions between the local authority and its communities about the matters in paragraphs (a) and (b). Section 93B inserted 8 August 2014 section 31 Local Government Act 2002 Amendment Act 2014
93C: Content of consultation document for adoption of long-term plan
1: The content of the consultation document for the adoption of a long-term plan must be such as the local authority considers on reasonable grounds will achieve the purpose set out in section 93B
2: Without limiting subsection (1), the consultation document must describe—
a: each issue that the local authority determines should be included having had regard to—
i: the significance and engagement policy adopted under section 76AA
ii: the importance of other matters to the district and its communities; and
b: for each issue identified under paragraph (a),—
i: the principal options for addressing the issue and the implications (including financial implications) of each of those options; and
ii: the local authority's proposal, if any, for addressing the issue; and
iii: the likely consequences of proceeding with the proposal on the local authority's rates, debt, and levels of service; and
c: other matters of public interest relating to—
i: the proposed content of the local authority’s financial strategy (under section 101A on rate increases
ii: the proposed content of the local authority’s infrastructure strategy (under section 101B
d: any significant changes that are proposed to the way the local authority funds its operating and capital expenditure requirements, including changes to the rating system described in clause 15(3) and (4)
e: using graphs or charts, the direction and scale of changes to the local authority’s rates and debt levels that will result from the proposed content of the long-term plan; and
f: using graphs or charts where practicable, the direction and nature of changes to the local authority’s levels of service associated with the proposed content of the long-term plan; and
g: the impact of proposals on the rates assessed on different categories of rateable land with a range of property values, by the provision of examples as provided for in clause 15(5)
3: The consultation document—
a: must be presented in as concise and simple a manner as is consistent with section 93B
b: without limiting paragraph (a), must not contain, or have attached to it,—
i: a draft of the long-term plan, as proposed to be adopted; or
ii: a full draft of any policy; or
iii: a full draft of the local authority’s financial strategy or infrastructure strategy; or
iv: any detailed information, whether described in Part 1
c: must state where members of the public may obtain information adopted by the local authority under section 93G on the local authority’s Internet site
d: may be given the title of the local authority’s choice, provided that the title or subtitle make reference to this being a consultation document for the proposed long-term plan for the relevant years.
4: The consultation document must contain a report from the Auditor-General on—
a: whether the consultation document gives effect to the purpose set out in section 93B
b: the quality of the information and assumptions underlying the information provided in the consultation document.
5: The report under subsection (4) must not comment on the merits of any policy content of the consultation document. Section 93C inserted 8 August 2014 section 31 Local Government Act 2002 Amendment Act 2014 Section 93C(2)﻿(c)﻿(i) amended 21 March 2019 section 17(1) Local Government Regulatory Systems Amendment Act 2019 Section 93C(3)﻿(c) amended 21 March 2019 section 17(2) Local Government Regulatory Systems Amendment Act 2019
93D: Content of consultation document for amendment of long-term plan
1: The content of the consultation document for the amendment of a long-term plan must be such as the local authority considers on reasonable grounds will achieve the purpose set out in section 93B
2: Without limiting subsection (1), the consultation document for an amendment to the long-term plan must include—
a: a description of the proposed amendment:
b: the reasons for the proposed amendment:
c: the implications (including financial implications) of the proposed amendment:
d: any alternatives to the proposed amendment that the local authority may wish to discuss with its communities.
3: The consultation document—
a: may have attached to it a copy of the proposed amendment to the long-term plan, if the local authority considers that the full copy of that proposed amendment will assist people to understand the amendment; but
b: in any other case, must state where a copy of the proposed amendment to the long-term plan may be obtained.
4: The consultation document must contain a report from the Auditor-General on—
a: whether the consultation document gives effect to the purpose set out in section 93B
b: the quality of the information and assumptions underlying the information provided in the consultation document.
5: The report under subsection (4) must not comment on the merits of any policy content of the consultation document. Section 93D inserted 8 August 2014 section 31 Local Government Act 2002 Amendment Act 2014
93DA: Amendments to long-term plan after severe weather events
1: This section applies to a local authority using the special consultative procedure in making an amendment to the authority’s current long-term plan that applies in severe weather events affected areas.
2: Despite section 93D(4)
3: This section is repealed on the close of 30 September 2023. 2023-10-01 Local Government Act 2002 see s 93DA(3) Section 93DA inserted 13 April 2023 section 24 Severe Weather Emergency Recovery Legislation Act 2023
93DA: Amendments to long-term plan during outbreak of COVID-19
2020-08-01 Local Government Act 2002 Section 93DA repealed Section 93DA repealed 1 August 2020
93E: Additional content of consultation document for adoption or amendment of long-term plan where section 97 applies to proposed decision
If a consultation document under section 93C 93D section 97
a: the details of the proposed decision:
b: the reasons for the proposed decision:
c: an analysis of the reasonably practicable options, including the proposal, identified under section 77(1)
d: in respect of a proposal to transfer ownership or control of a strategic asset from the local authority to any other person,—
i: a description of any accountability or monitoring arrangements to be used to assess the performance of that person and any other person in regard to the asset; and
ii: an assessment of whether there are any conflicts of interest arising from the proposed transfer of the control or ownership of the asset, and, if so, what they are and how they will be managed. Section 93E inserted 8 August 2014 section 31 Local Government Act 2002 Amendment Act 2014
93F: Form and manner of presentation of consultation document
The local authority must ensure that the contents of the consultation document are presented in a form and manner that enables the consultation document to achieve its purpose. Section 93F inserted 8 August 2014 section 31 Local Government Act 2002 Amendment Act 2014
93G: Information to be adopted by local authority in relation to long-term plan and consultation document
Before adopting a consultation document under section 93A
a: is relied on by the content of the consultation document adopted under section 93A
b: is necessary to enable the Auditor-General to give the reports required by sections 93C(4) 93D(4)
c: provides the basis for the preparation or amendment of the long-term plan. Section 93G inserted 8 August 2014 section 31 Local Government Act 2002 Amendment Act 2014
94: Audit of long-term
1: The long-term Auditor-General
a: whether the plan gives effect to the purpose set out in section 93(6)
b: the quality of the information and assumptions underlying the forecast information provided in the plan
c:
2: In the case of an amended long-term plan, the report under subsection (1) must contain a report by the Auditor-General confirming or amending the report made when the long-term plan was adopted.
3: A Section 94 heading amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 94(1) amended 5 December 2012 section 27(1) Local Government Act 2002 Amendment Act 2012 Section 94(1) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 94(1)﻿(a) replaced 8 August 2014 section 32(1) Local Government Act 2002 Amendment Act 2014 Section 94(1)﻿(b) amended 27 November 2010 section 14(1) Local Government Act 2002 Amendment Act 2010 Section 94(1)﻿(c) repealed 27 November 2010 section 14(2) Local Government Act 2002 Amendment Act 2010 Section 94(2) replaced 8 August 2014 section 32(2) Local Government Act 2002 Amendment Act 2014 Section 94(3) amended 8 August 2014 section 32(3) Local Government Act 2002 Amendment Act 2014
94A: Long-term plan amended during recovery from severe weather events
1: This section applies to a long-term plan that is amended using a special consultative procedure in which the local authority adopts a consultation document of a kind authorised by section 93DA(2)
2: Despite section 94(2)
3: However, the amended long-term plan must contain a statement—
a: that the plan incorporates an amendment that has not been audited; and
b: that includes the reasons why the amendment was not audited.
4: The local authority must include a statement under subsection (3) in the amended long-term plan immediately before the Auditor-General’s report under section 94(1)
5: This section is repealed on the close of 30 September 2023. 2023-10-01 Local Government Act 2002 see s 94A(5) Section 94A inserted 13 April 2023 section 25 Severe Weather Emergency Recovery Legislation Act 2023
94A: Long-term plan amended during outbreak of COVID-19
2020-08-01 Local Government Act 2002 Section 94A repealed Section 94A repealed 1 August 2020
95: Annual plan
1: A local authority must prepare and adopt an annual plan for each financial year.
2: Subject to subsection (2A), a local authority must consult in a manner that gives effect to the requirements of section 82
2A: Subsection (2) does not apply if the proposed annual plan does not include significant or material differences from the content of the long-term plan for the financial year to which the proposed annual plan relates.
3: An annual plan must be adopted before the commencement of the year to which it relates.
4: Despite subsection (1), for the first year to which a long-term section 93
5: The purpose of an annual plan is to—
a: contain the proposed annual budget and funding impact statement for the year to which the annual plan relates; and
b: identify any variation from the financial statements and funding impact statement included in the local authority's long-term
c: provide integrated decision making and co-ordination of the resources of the local authority; and
d: contribute to the accountability of the local authority to the community
e:
6: Each annual plan adopted under this section must—
a: be prepared in accordance with the principles and procedures that apply to the preparation of the financial statements and funding impact statement included in the long-term
b: contain appropriate references to the long-term
c: include the information required by Part 2
6A: Except where subsection (5) requires otherwise, the local authority must comply with subsection (6)﻿(b) and (c) by means of reference to, rather than duplication of, the long-term plan.
7: A local authority must, within 1 month after the adoption of its annual plan, make the plan publicly available. 1974 No 66 s 223D(1), (3)–(5), (7)–(8) Section 95(2) replaced 8 August 2014 section 33(1) Local Government Act 2002 Amendment Act 2014 Section 95(2A) inserted 8 August 2014 section 33(1) Local Government Act 2002 Amendment Act 2014 Section 95(4) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 95(5)﻿(b) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 95(5)﻿(c) replaced 8 August 2014 section 33(2) Local Government Act 2002 Amendment Act 2014 Section 95(5)﻿(d) amended 8 August 2014 section 33(3) Local Government Act 2002 Amendment Act 2014 Section 95(5)﻿(e) repealed 8 August 2014 section 33(4) Local Government Act 2002 Amendment Act 2014 Section 95(6)﻿(a) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 95(6)﻿(b) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 95(6A) inserted 8 August 2014 section 33(5) Local Government Act 2002 Amendment Act 2014 Section 95(7) replaced 21 March 2019 section 18 Local Government Regulatory Systems Amendment Act 2019
95AAA: 2023/2024 annual plan due date
1: Section 95(3)
2: An annual plan that applies to a severe weather events affected area and that relates to the 2023/2024 financial year must be adopted before 30 September 2023.
3: This section is repealed on the close of 30 September 2023. 2023-10-01 Local Government Act 2002 see s 95AAA(3) Section 95AAA inserted 13 April 2023 section 26 Severe Weather Emergency Recovery Legislation Act 2023
95A: Purpose and content of consultation document for annual plan
1: The purpose of the consultation document under section 82A(3)
a: identifying significant or material differences between the proposed annual plan and the content of the long-term plan for the financial year to which the annual plan relates; and
b: explaining the matters in paragraph (a) in a way that can be readily understood by interested or affected people; and
c: informing discussions between the local authority and its communities about the matters in paragraph (a).
2: The content of the consultation document must be such as the local authority considers on reasonable grounds will achieve the purpose set out in subsection (1), and must—
a: explain identified differences, if any, between the proposed annual plan and what is described in the long-term plan in relation to the financial year to which the annual plan relates, including (but not limited to)—
i: an explanation of any significant or material variations or departures from the financial statements or the funding impact statement; and
ii: a description of significant new spending proposals, the costs associated with those proposals, and how these costs will be met; and
iii: an explanation of any proposal to substantially delay, or not proceed with, a significant project, and the financial and service delivery implications of the proposal; and
b: outline the expected consequences of proceeding with the matters referred to in paragraph (a), including the implications for the local authority’s financial strategy.
3: The consultation document—
a: must be presented in as concise and simple a manner as is consistent with this section; and
b: without limiting paragraph (a), must not contain, or have attached to it—
i: a draft of the annual plan as proposed to be adopted; or
ii: a full draft of any policy; or
iii: any detailed information, whether described in Part 2
c: must state where members of the public may obtain the information held by the local authority that is relied on by the content of the consultation document, including by providing links or references to the relevant information on the local authority’s Internet site
d: may be given the title of the local authority’s choice, provided that the title or subtitle make reference to this being a consultation document for the proposed annual plan for the relevant year.
4: The local authority must adopt the information that is relied on by the content of the consultation document, as referred to in subsection (3)﻿(c), before it adopts the consultation document.
5: For the purposes of this section, a difference, variation, or departure is material if it could, itself or in conjunction with other differences, influence the decisions or assessments of those reading or responding to the consultation document. Section 95A inserted 8 August 2014 section 34 Local Government Act 2002 Amendment Act 2014 Section 95A(3)﻿(c) amended 21 March 2019 section 19 Local Government Regulatory Systems Amendment Act 2019
95B: Combined or concurrent consultation on long-term plan and annual plan
If a local authority carries out consultation in relation to an amendment to a long-term plan at the same time as, or combined with, consultation on an annual plan,—
a: the content of consultation documents required under any of sections 93D 93E 95A
b: the special consultative procedure must be used in relation to both matters. Section 95B inserted 8 August 2014 section 34 Local Government Act 2002 Amendment Act 2014
96: Effect of resolution adopting long-term
1: The effect of a long-term
2: A resolution to adopt a long-term
3: Subject to section 80 section 97
4: No person is entitled to require a local authority to implement the provisions of a long-term
5: This section applies subject to Part 4A Section 96 heading amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 96(1) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 96(2) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 96(3) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 96(4) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 96(5) added 28 June 2006 section 15(2) Local Government (Rating) Amendment Act 2006
97: Certain decisions to be taken only if provided for in long-term
1: This section applies to the following decisions of a local authority:
a: a decision to alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the local authority, including a decision to commence or cease any such activity:
b: a decision to transfer the ownership or control of a strategic asset to or from the local authority.
c:
d:
2: A local authority must not make a decision to which this section relates unless—
a: the decision is explicitly provided for in its
b: the proposal to provide for the decision was included in a consultation document in accordance with section 93E
3: Nothing in this section applies to a decision of a local authority—
a: to adopt a local authority-led reorganisation plan under clause 22A
b: that is required in order to implement a reorganisation in accordance with an Order in Council under section 25 25A
c: to fund a capital project by lump sum contributions, if the local authority has complied with section 117B(3)﻿(c)﻿(i) Section 97 heading amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 97(1)﻿(c) repealed 27 November 2010 section 15 Local Government Act 2002 Amendment Act 2010 Section 97(1)﻿(d) repealed 27 November 2010 section 15 Local Government Act 2002 Amendment Act 2010 Section 97(2)﻿(a) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 97(2)﻿(a) amended 28 June 2006 section 10 Local Government Act 2002 Amendment Act 2006 Section 97(2)﻿(b) amended 8 August 2014 section 75 Local Government Act 2002 Amendment Act 2014 Section 97(3) replaced 22 October 2019 section 28 Local Government Act 2002 Amendment Act 2019
2: Reporting
98: Annual report
1: A local authority must prepare and adopt in respect of each financial year an annual report containing in respect of that year the information required by Part 3
2: The purposes of an annual report are—
a: to compare the actual activities and the actual performance of the local authority in the year with the intended activities and the intended level of performance as set out in respect of the year in the long-term
b: to promote the local authority's accountability to the community for the decisions made throughout the year by the local authority.
3: Each annual report must be completed and adopted, by resolution, within 4 months after the end of the financial year to which it relates.
4: A local authority must, within 1 month after the adoption of its annual report, make publicly available—
a: its annual report; and
b: a summary of the information contained in its annual report.
5: The summary must represent, fairly and consistently, the information regarding the major matters dealt with in the annual report.
6: A local authority must, within 1 month after the adoption of its annual report, make the report and the summary prepared under subsection (4)﻿(b) publicly available.
7:
8: 1974 No 66 s 223E(1), (2), (14), (15)﻿(c) 2023-02-01 Local Government Act 2002 See section 98(8) (inserted on 13 July 2021). Section 98(2)﻿(a) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 98(6) replaced 21 March 2019 section 20 Local Government Regulatory Systems Amendment Act 2019 Section 98(7) heading repealed close of 31 January 2023 section 98(8) Section 98(7) repealed close of 31 January 2023 section 98(8) Section 98(8) repealed close of 31 January 2023 section 98(8)
98A: Extension of time limit for 2019/20 financial year annual reports: COVID-19
2021-02-01 Local Government Act 2002 Section 98A is repealed on 1 February 2021. Section 98A repealed 1 February 2021
99: Audit of information in annual report and summary
1: In addition to the information required by Part 3 of Schedule 10 Auditor-General's
a: the financial statements referred to in clause 29
b: the statement about budgeted and actual capital expenditure referred to in clause 24
c: the funding impact statement referred to in clause 30
d: the local authority's compliance with the requirements of Schedule 10
2: In addition to the information required by section 98(5) Auditor-General's 1974 No 66 s 223E(8)﻿(a) Section 99(1) substituted 27 November 2010 section 16 Local Government Act 2002 Amendment Act 2010 Section 99(1) amended 5 December 2012 section 28 Local Government Act 2002 Amendment Act 2012 Section 99(2) amended 5 December 2012 section 28 Local Government Act 2002 Amendment Act 2012
99A: Pre-election report
1: The chief executive of a local authority must prepare a pre-election report containing the information required by clause 36
2: However, the chief executive of a local authority that has an ordinarily resident population of fewer than 20 000 people need not comply with clause 36(1)﻿(a) and (2)
3: Instead of complying with clause 36(1)﻿(a) and (2) clause 37
4: The purpose of a pre-election report is to provide information to promote public discussion about the issues facing the local authority.
5: A pre-election report must be completed and published no later than the day that is 2 weeks before the nomination day for a triennial general election of members of a local authority under the Local Electoral Act 2001
6: A pre-election report must not contain a statement by, or a photograph of, an elected member of the local authority. Section 99A inserted 1 July 2011 section 17 Local Government Act 2002 Amendment Act 2010
3: Financial management
100: Balanced budget requirement
1: A local authority must ensure that each year's projected operating revenues are set at a level sufficient to meet that year's projected operating expenses.
2: Despite subsection (1), a local authority may set projected operating revenues at a different level from that required by that subsection if the local authority resolves that it is financially prudent to do so, having regard to—
a: the estimated expenses of achieving and maintaining the predicted levels of service provision set out in the long-term
b: the projected revenue available to fund the estimated expenses associated with maintaining the service capacity and integrity of assets throughout their useful life; and
c: the equitable allocation of responsibility for funding the provision and maintenance of assets and facilities throughout their useful life; and
d: the funding and financial policies adopted under section 102 Section 100(2)﻿(a) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010
101: Financial management
1: A local authority must manage its revenues, expenses, assets, liabilities, investments, and general financial dealings prudently and in a manner that promotes the current and future interests of the community.
2: A local authority must make adequate and effective provision in its long-term
3: The funding needs of the local authority must be met from those sources that the local authority determines to be appropriate, following consideration of,—
a: in relation to each activity to be funded,—
i: the community outcomes to which the activity primarily contributes; and
ii: the distribution of benefits between the community as a whole, any identifiable part of the community, and individuals; and
iii: the period in or over which those benefits are expected to occur; and
iv: the extent to which the actions or inaction of particular individuals or a group contribute to the need to undertake the activity; and
v: the costs and benefits, including consequences for transparency and accountability, of funding the activity distinctly from other activities; and
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. 1974 No 66 s 122C(1)﻿(a)–(c), (f) Section 101(2) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 101(3)﻿(b) replaced 14 May 2019 section 8 Local Government (Community Well-being) Amendment Act 2019
101A: Financial strategy
1: A local authority must, as part of its long-term plan, prepare and adopt a financial strategy for all of the consecutive financial years covered by the long-term plan.
2: The purpose of the financial strategy is to—
a: facilitate prudent financial management by the local authority by providing a guide for the local authority to consider proposals for funding and expenditure against; and
b: provide a context for consultation on the local authority's proposals for funding and expenditure by making transparent the overall effects of those proposals on the local authority's services, rates, debt, and investments.
3: The financial strategy
a: include a statement of the factors that are expected to have a significant impact on the local authority during the consecutive financial years covered by the strategy, including—
i: the expected changes in population and the use of land in the district or region, and the capital and operating costs of providing for those changes; and
ii: the expected capital expenditure on network infrastructure, flood protection, and flood control works that is required to maintain existing levels of service currently provided by the local authority; and
iii: other significant factors affecting the local authority's ability to maintain existing levels of service and to meet additional demands for services; and
b: include a statement of the local authority's—
i: quantified limits on rate increases
ii: assessment of its ability to provide and maintain existing levels of service and to meet additional demands for services within those limits; and
c: specify the local authority's policy on the giving of securities for its borrowing; and
d: specify the local authority's objectives for holding and managing financial investments and equity securities and its quantified targets for returns on those investments and equity securities. Section 101A inserted 27 November 2010 section 18 Local Government Act 2002 Amendment Act 2010 Section 101A(2) replaced 8 August 2014 section 35(1) Local Government Act 2002 Amendment Act 2014 Section 101A(3) amended 8 August 2014 section 35(2) Local Government Act 2002 Amendment Act 2014 Section 101A(3)﻿(b)﻿(i) amended 21 March 2019 section 21 Local Government Regulatory Systems Amendment Act 2019
101B: Infrastructure strategy
1: A local authority must, as part of its long-term plan, prepare and adopt an infrastructure strategy for a period of at least 30 consecutive financial years.
2: The purpose of the infrastructure strategy is to—
a: identify significant infrastructure issues for the local authority over the period covered by the strategy; and
b: identify the principal options for managing those issues and the implications of those options.
3: The infrastructure strategy must outline how the local authority intends to manage its infrastructure assets, taking into account the need to—
a: renew or replace existing assets; and
b: respond to growth or decline in the demand for services reliant on those assets; and
c: allow for planned increases or decreases in levels of service provided through those assets; and
d: maintain or improve public health and environmental outcomes or mitigate adverse effects on them; and
e: provide for the resilience of infrastructure assets by identifying and managing risks relating to natural hazards and by making appropriate financial provision for those risks.
4: The infrastructure strategy must outline the most likely scenario for the management of the local authority’s infrastructure assets over the period of the strategy and, in that context, must—
a: show indicative estimates of the projected capital and operating expenditure associated with the management of those assets—
i: in each of the first 10 years covered by the strategy; and
ii: in each subsequent period of 5 years covered by the strategy; and
b: identify—
i: the significant decisions about capital expenditure the local authority expects it will be required to make; and
ii: when the local authority expects those decisions will be required; and
iii: for each decision, the principal options the local authority expects to have to consider; and
iv: the approximate scale or extent of the costs associated with each decision; and
c: include the following assumptions on which the scenario is based:
i: the assumptions of the local authority about the life cycle of significant infrastructure assets:
ii: the assumptions of the local authority about growth or decline in the demand for relevant services:
iii: the assumptions of the local authority about increases or decreases in relevant levels of service; and
d: if assumptions referred to in paragraph (c)
i: identify the nature of that uncertainty; and
ii: include an outline of the potential effects of that uncertainty.
4A: A local authority must, for a long-term plan for or after 2027–2037, identify and explain, in the infrastructure strategy, any significant connections with, or interdependencies between,—
a: the matters included in that infrastructure strategy; and
b: the matters that are—
i: included in an infrastructure strategy prepared and adopted by a water services entity under section 157 see also clause 16
ii: relevant to the local authority’s district or region.
5: A local authority may meet the requirements of section 101A
6: In this section, infrastructure assets
a: existing or proposed assets to be used to provide services by or on behalf of the local authority in relation to the following groups of activities:
i: water supply:
ii: sewerage and the treatment and disposal of sewage:
iii: stormwater drainage:
iv: flood protection and control works:
v: the provision of roads and footpaths; and
b: any other assets that the local authority, in its discretion, wishes to include in the strategy. Section 101B inserted 8 August 2014 section 36 Local Government Act 2002 Amendment Act 2014 Section 101B(4A) inserted 15 December 2022 section 223 Water Services Entities Act 2022
102: Funding and financial policies
1: A local authority must, in order to provide predictability and certainty about sources and levels of funding, adopt the funding and financial policies listed in subsection (2).
2: The policies are—
a: a revenue and financing policy; and
b: a liability management policy; and
c: an investment policy; and
d: a policy on development contributions or financial contributions; and
e: a policy on the remission and postponement of rates on Māori freehold land ; and
f: in the case of a unitary authority for a district that includes 1 or more local board areas, a local boards funding policy.
3: A local authority may adopt either or both of the following policies:
a: a rates remission policy:
b: a rates postponement policy.
3A: The following policies must also support the principles set out in the Preamble
a: the revenue and financing policy, the policy on development contributions or financial contributions, and the policy on the remission and postponement of rates on Māori freehold land adopted under subsection (1):
b: any rates remission policy or rates postponement policy adopted under subsection (3).
4: A local authority—
a: must consult on a draft policy in a manner that gives effect to the requirements of section 82
b: may amend a policy adopted under this section at any time after consulting on the proposed amendments in a manner that gives effect to the requirements of section 82
5: However, subsection (4) does not apply to—
a: a liability management policy:
b: an investment policy. Section 102 substituted 27 November 2010 section 19 Local Government Act 2002 Amendment Act 2010 Section 102(2)﻿(e) amended 8 August 2014 section 37(1) Local Government Act 2002 Amendment Act 2014 Section 102(2)﻿(f) inserted 8 August 2014 section 37(2) Local Government Act 2002 Amendment Act 2014 Section 102(3A) inserted 1 July 2021 section 77 Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 102(4) replaced 8 August 2014 section 37(3) Local Government Act 2002 Amendment Act 2014
103: Revenue and financing policy
1: A policy adopted under section 102(1)
a: the local authority's policies in respect of the funding of operating expenses from the sources listed in subsection (2); and
b: the local authority's policies in respect of the funding of capital expenditure from the sources listed in subsection (2).
2: The sources referred to in subsection (1) are as follows:
a: general rates, including—
i: choice of valuation system; and
ii: differential rating; and
iii: uniform annual general charges:
b: targeted rates:
ba: lump sum contributions:
c: fees and charges:
d: interest and dividends from investments:
e: borrowing:
f: proceeds from asset sales:
g: development contributions:
h: financial contributions under the Resource Management Act 1991
i: grants and subsidies:
ia: regional fuel taxes under the Land Transport Management Act 2003
j: any other source.
3: A policy adopted under section 102(1) section 101(3)
4: If a local authority amends its revenue and financing policy under section 93(4) sections 93D(4) 94 1974 No 66 s 122O Section 103(1) amended 27 November 2010 section 20(1) Local Government Act 2002 Amendment Act 2010 Section 103(2)﻿(ba) inserted 28 June 2006 section 15(4) Local Government (Rating) Amendment Act 2006 Section 103(2)﻿(ia) inserted 27 June 2018 section 10(2) Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 103(3) amended 27 November 2010 section 20(2) Local Government Act 2002 Amendment Act 2010 Section 103(4) added 27 November 2010 section 20(3) Local Government Act 2002 Amendment Act 2010 Section 103(4) amended 8 August 2014 section 75 Local Government Act 2002 Amendment Act 2014
104: Liability management policy
A policy adopted under section 102(1)
a: interest rate exposure; and
b: liquidity; and
c: credit exposure; and
d: debt repayment
e:
f: 1974 No 66 s 122S Section 104 amended 27 November 2010 section 21(1) Local Government Act 2002 Amendment Act 2010 Section 104(d) amended 27 November 2010 section 21(2) Local Government Act 2002 Amendment Act 2010 Section 104(e) repealed 27 November 2010 section 21(3) Local Government Act 2002 Amendment Act 2010 Section 104(f) repealed 27 November 2010 section 21(3) Local Government Act 2002 Amendment Act 2010
105: Investment policy
A policy adopted under section 102(1)
a:
b: the mix of investments; and
c: the acquisition of new investments; and
d: an outline of the procedures by which investments are managed and reported on to the local authority; and
e: an outline of how risks associated with investments are assessed and managed. 1974 No 66 s 122Q Section 105 amended 27 November 2010 section 22(1) Local Government Act 2002 Amendment Act 2010 Section 105(a) repealed 27 November 2010 section 22(2) Local Government Act 2002 Amendment Act 2010
106: Policy on development contributions or financial contributions
1: In this section, financial contributions section 108(9)
2: A policy adopted under section 102(1)
a: summarise and explain the total cost of capital expenditure , or identified under clause 1(2)
b: state the proportion of that total cost of capital expenditure
i: development contributions:
ii: financial contributions:
iii: other sources of funding; and
c: explain, in terms of the matters required to be considered under section 101(3) total cost of capital expenditure
d: identify separately each activity or group of activities for which a development contribution or a financial contribution will be required and, in relation to each activity or group of activities, specify the total amount of funding to be sought by development contributions or financial contributions; and
e: if development contributions will be required, comply with the requirements set out in sections 201 to 202A
f: if financial contributions will be required, summarise the provisions that relate to financial contributions in the district plan or regional plan prepared under the Resource Management Act 1991
2A: This section does not prevent a local authority from calculating development contributions over the capacity life of assets or groups of assets for which development contributions are required, so long as—
a: the assets that have a capacity life extending beyond the period covered by the territorial authority’s long-term plan are identified in the development contributions policy; and
b: development contributions per unit of demand do not exceed the maximum amount allowed by section 203
2B: Subject to subsection (2C), a development contribution provided for in a development contributions policy may be increased under the authority of this subsection without consultation, formality, or a review of the development contributions policy.
2C: A development contribution may be increased under subsection (2B) only if—
a: the increase does not exceed the result of multiplying together—
i: the rate of increase (if any), in the PPI
ii: the proportion of the total costs of capital expenditure to which the development contribution will be applied that does not relate to interest and other financing costs; and
b: before any increase takes effect, the territorial authority makes publicly available information setting out—
i: the amount of the newly adjusted development contribution; and
ii: how the increase complies with the requirements of paragraph (a)
3: If development contributions are required, the local authority must keep available for public inspection the full methodology that demonstrates how the calculations for those contributions were made.
4: If financial contributions are required, the local authority must keep available for public inspection the provisions of the district plan or regional plan prepared under the Resource Management Act 1991
5: The places within its district or region at which the local authority must keep the information specified in subsections (3) and (4) available for public inspection are—
a: the principal public office of the local authority; and
b: such other places within its district or region as the local authority considers necessary in order to provide members of the public with reasonable access to the methodology, provisions, or plan.
6: A policy adopted under section 102(1) section 82
7: In this section,— capital expenditure section 90 PPI Section 106(2) amended 27 November 2010 section 23(1) Local Government Act 2002 Amendment Act 2010 Section 106(2)﻿(a) amended 8 August 2014 section 38(1) Local Government Act 2002 Amendment Act 2014 Section 106(2)﻿(a) amended 8 August 2014 section 38(2) Local Government Act 2002 Amendment Act 2014 Section 106(2)﻿(a) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 106(2)﻿(b) amended 8 August 2014 section 38(1) Local Government Act 2002 Amendment Act 2014 Section 106(2)﻿(c) amended 8 August 2014 section 38(1) Local Government Act 2002 Amendment Act 2014 Section 106(2)﻿(e) amended 8 August 2014 section 38(3) Local Government Act 2002 Amendment Act 2014 Section 106(2A) inserted 8 August 2014 section 38(4) Local Government Act 2002 Amendment Act 2014 Section 106(2B) inserted 8 August 2014 section 38(4) Local Government Act 2002 Amendment Act 2014 Section 106(2C) inserted 8 August 2014 section 38(4) Local Government Act 2002 Amendment Act 2014 Section 106(2C)﻿(a)﻿(i) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 106(6) replaced 8 August 2014 section 38(5) Local Government Act 2002 Amendment Act 2014 Section 106(7) replaced 1 September 2022 section 107(1) Data and Statistics Act 2022
107: Policy on partnerships with private sector
Section 107 repealed 27 November 2010 section 24 Local Government Act 2002 Amendment Act 2010
108: Policy on remission and postponement of rates on Māori freehold land
1: If a policy adopted under section 102(1)
a: the objectives sought to be achieved by the remission of rates; and
b: the conditions and criteria to be met in order for rates to be remitted.
2: If a policy adopted under section 102(1)
a: the objectives sought to be achieved by a postponement of the requirement to pay rates; and
b: the conditions and criteria to be met in order for the requirement to pay rates to be postponed.
3: For the avoidance of doubt, a policy adopted under section 102(1)
4: In determining a policy under section 102(1) Schedule 11
4A: A policy adopted under section 102(1) section 82
5: For the purposes of this section, the term rates Section 108(1) amended 27 November 2010 section 25(1) Local Government Act 2002 Amendment Act 2010 Section 108(2) amended 27 November 2010 section 25(1) Local Government Act 2002 Amendment Act 2010 Section 108(3) amended 27 November 2010 section 25(1) Local Government Act 2002 Amendment Act 2010 Section 108(4) amended 27 November 2010 section 25(1) Local Government Act 2002 Amendment Act 2010 Section 108(4A) replaced 8 August 2014 section 39 Local Government Act 2002 Amendment Act 2014
109: Rates remission policy
1: A policy adopted under section 102(3)﻿(a)
a: the objectives sought to be achieved by the remission of rates; and
b: the conditions and criteria to be met in order for rates to be remitted.
2: In determining a policy under section 102(3)﻿(a) Schedule 11
2A: If a policy is adopted under section 102(3)﻿(a)
a: must be reviewed at least once every 6 years using a consultation process that gives effect to the requirements of section 82
b: may be revoked following the review under paragraph (a).
3: For the purposes of this section, the term rates Section 109(1) amended 27 November 2010 section 26(1) Local Government Act 2002 Amendment Act 2010 Section 109(2) amended 27 November 2010 section 26(1) Local Government Act 2002 Amendment Act 2010 Section 109(2A) inserted 27 November 2010 section 26(2) Local Government Act 2002 Amendment Act 2010 Section 109(2A)﻿(a) replaced 8 August 2014 section 40 Local Government Act 2002 Amendment Act 2014
110: Rates postponement policy
1: A policy adopted under section 102(3)﻿(b)
a: the objectives sought to be achieved by a postponement of the requirement to pay rates; and
b: the conditions and criteria to be met in order for the requirement to pay rates to be postponed.
2: In determining a policy under section 102(3)﻿(b) Schedule 11
2A: If a policy is adopted under section 102(3)﻿(b)
a: must be reviewed at least once every 6 years using a consultation process that gives effect to the requirements of section 82
b: may be revoked following the review under paragraph (a).
3: For the purposes of this section, the term rates Section 110(1) amended 27 November 2010 section 27(1) Local Government Act 2002 Amendment Act 2010 Section 110(2) amended 27 November 2010 section 27(1) Local Government Act 2002 Amendment Act 2010 Section 110(2A) inserted 27 November 2010 section 27(2) Local Government Act 2002 Amendment Act 2010 Section 110(2A)﻿(a) replaced 8 August 2014 section 41 Local Government Act 2002 Amendment Act 2014
111: Information to be prepared in accordance with generally accepted accounting practice
1: All information that is required by any provision of this Part or of Schedule 10
2: Subsection (1) does not apply to the preparation of a funding impact statement. Section 111(2) added 27 November 2010 section 28 Local Government Act 2002 Amendment Act 2010
4: Borrowing and security
112: Interpretation
In this subpart, unless the context otherwise requires,— asset borrowing
a: means the incurring by any means of debt to raise money; and
b: includes the incurring of debt—
i: under any contract or arrangement for hire purchase, deferred payment, instalment payment, sale and lease back or buy back, financial lease, loan, overdraft, or other arrangement for obtaining debt finance; or
ii: by the drawing, acceptance, making, endorsement, issue, or sale of bills of exchange, promissory notes, and other negotiable instruments and debt securities; or
iii: by the use, for any purpose, of funds received or invested by the local authority for any other purpose if the local authority has resolved to repay, with or without interest, the funds used; but
c: does not include debt incurred in connection with the hire purchase of goods, the deferred purchase of goods or services, or the giving of credit for the purchase of goods or services if—
i: the period for which the indebtedness is outstanding is less than 91 days and the indebtedness is not incurred again promptly after payment; or
ii: the goods or services are obtained in the ordinary course of the local authority's performance of its lawful responsibilities, on terms and conditions available generally to parties of equivalent credit worthiness, for amounts not exceeding in aggregate an amount—
A: determined by resolution of the local authority as not being so significant as to require specific authorisation; or
B: recorded for the purposes of this subparagraph in the then current borrowing management policy of the local authority— and borrow charge incidental arrangement
a: a contract or arrangement for the management, reduction, sharing, limiting, assumption, offset, or hedging of financial risks and liabilities in relation to any investment or investments or any loan or loans or other incidental arrangement, whether or not that contract or arrangement involves—
i: the expenditure, borrowing, or lending of money; or
ii: the local authority undertaking to make payments in exchange for another person undertaking to make payments to the local authority; or
iii: the creation or acquisition or disposal of any property or right; or
b: a contract or arrangement with any bank, financial institution, or other person providing for any person to act as underwriter, broker, indemnifier, guarantor, accommodation party, manager, dealer, trustee, registrar, or paying, fiscal, or other agent for, or in connection with, any loan or investment— and includes the creation of a charge loan protected transaction
a: any deed, agreement, right, or obligation constituting, relating to, or for the purpose of, any borrowing or incidental arrangement; and
b: includes—
i: any charge, guarantee, or security for the payment of any amount (including any loan) payable in relation to, or for the purpose of, any borrowing or incidental arrangement; and
ii: any conveyance or transfer of any property in relation to, or for the purpose of, any borrowing or incidental arrangement. 1974 No 66 ss 122Z 122ZB 122ZG(1) Borrowing
113: Prohibition on borrowing in foreign currency
1: No local authority may borrow or enter into incidental arrangements, within or outside New Zealand, in currency other than New Zealand currency.
2: Subsection (1) does not apply to an incidental arrangement in relation to an investment in currency other than New Zealand currency. 1974 No 66 s 122ZC Section 113(2) added 28 June 2006 section 12 Local Government Act 2002 Amendment Act 2006
114: Constraints on receiver
Every charge given by a local authority over any 1 or more of the assets of the local authority as security for any loan, or the performance of obligations under any incidental arrangement, is subject to subsections (5) and (6) of section 40D 1974 No 66 s 122ZE(1), (4), (5)
115: Rates as security
1: This section applies if—
a: a local authority has charged a rate or rates revenue as security for any loan or the performance of any obligations under an incidental arrangement; and
b: a receiver has been appointed under section 40A section 40B
2: The receiver may, without further authority than this section, assess and collect in each financial year a rate under this section to recover sufficient funds to meet—
a: the payment of the local authority's commitments in respect of the loan or incidental arrangement during that year; and
b: the reasonable costs of administering, assessing, and collecting the rate.
3: A rate under this section must be assessed as a uniform rate in the dollar on the rateable value of property—
a: in the district; or
b: if the local authority resolved, at the time when the loan was being raised or the incidental arrangement was being entered into, that it was for the benefit of only a specified part of the district or region, that part.
4: For the purposes of this section, rateable value
5: A rate under this section may not be assessed and collected on rateable property in respect of which an election under section 65 or section 77 of the Rating Powers Act 1988 has been exercised in respect of any repayment loan or the works for which any loan was borrowed. 1974 No 66 ss 122ZE(2), (3) 122ZF
116: Register of charges maintained by local authority
1: A local authority that has any charge over any of its assets must establish and maintain at its principal office a register of, and keep copies of, all instruments specifically affecting any of its property.
2: The register referred to in subsection (1) must be available for inspection during ordinary office hours.
3: No fee is payable for inspection of the register.
4: A local authority may charge for supplying any person with copies of, or any particulars from, the register. 1974 No 66 s 122ZJ Protected transactions
117: Protected transactions
Every protected transaction entered into, or purportedly entered into, by or on behalf of a local authority is valid and enforceable despite—
a: the local authority failing to comply with any provision of this Act in any respect; or
b: the entry into, or performance of, the protected transaction being outside the capacity, rights, or powers of the local authority; or
c: a person held out by the local authority as being a member, employee, agent, or attorney of the local authority—
i: not having been validly appointed as such; or
ii: not having the authority to exercise any power or to do anything either which the person is held out as having or which a person appointed to such a position would customarily have; or
d: a document issued, or purporting to be issued, on behalf of the local authority by a person with actual or customary authority, or held out as having such authority, to issue the document not being valid or not being genuine. 1974 No 66 s 122ZG(2)
118: Certificate of compliance
A certificate signed, or purporting to be signed, by the chief executive of a local authority to the effect that the local authority has complied with this Act in connection with a protected transaction is conclusive proof for all purposes that the local authority has so complied. 1974 No 66 s 122ZG(3)
119: Good faith in relation to protected transactions
1: Sections 117 118
2: A person may not rely on section 117 section 118
a: has dealt in bad faith with a local authority in relation to the protected transaction; or
b: had actual knowledge before the protected transaction was entered into that it was in breach of section 113
3: For the purpose of subsections (1) and (2),—
a: a person is not regarded as acting in bad faith by reason only of the fact that, in relation to any protected transaction, the person knew or ought to have known of the existence of any of the states of affairs referred to in paragraphs (a) to (d) of section 117
b: a person must be presumed to have acted in good faith unless the contrary is proved. 1974 No 66 s 122ZG(4)–(6)
120: Saving provision in respect of power of court
Nothing in sections 117 to 119 Miscellaneous provisions
121: The Crown not liable for debts
1: The Crown is not liable to contribute to the payment of any debts or liabilities of any local authority.
2: Subsection (1) does not apply in relation to liability for any sum of a kind described in section 49 1974 No 66 s 122ZP(1) Section 121(2) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
122: Disclosure document and loan documents to contain statement that the Crown does not guarantee financial products or loan
1: If a local authority is named as the issuer, or is otherwise named with its consent, in a disclosure document, that disclosure document must, unless the financial products being offered under the disclosure document are expressly guaranteed by the Crown under the Public Finance Act 1989
2: In subsection (1), disclosure document section 6(1) clause 26
3: If a local authority enters into any loan agreement or incidental arrangement, that agreement or arrangement must include a statement that the loan or other liability under the incidental arrangement is not guaranteed by the Crown.
4: Subsection (3) does not apply in relation to liability for any sum of a kind described in section 49 Section 122 replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
7: Specific obligations and restrictions on local authorities and other persons
123: Outline of Part
This Part contains provisions that set out specific obligations and restrictions on local authorities and other persons as follows:
a: the obligation to assess water and sanitary services and the purpose of those assessments
b: the obligations and restrictions on local authorities and other persons in relation to the delivery of water services:
c: specific restrictions on disposal of parks, reserves, and endowment properties, including provision for the protection of parks and reserves from disposal:
d: a requirement that, if a public library is provided, the residents of the district must be entitled to free membership. Section 123(a) amended 8 August 2014 section 42 Local Government Act 2002 Amendment Act 2014
1: Specific obligations to make assessments of drinking water, wastewater, and sanitary services and to ensure communities have access to safe drinking water
Subpart 1 replaced 15 November 2021 section 208 Water Services Act 2021
124: Interpretation
In this Part,— assessment
a: in relation to drinking water,—
i: means an assessment of drinking water services available to communities in the district of the territorial authority, including private and community-owned or community-operated drinking water supplies; but
ii: does not include assessments in relation to domestic self-suppliers; and
b: in relation to wastewater and other sanitary services,—
i: means an assessment of wastewater services and other sanitary services available to communities in the district of the territorial authority; but
ii: does not include assessments in relation to individual properties domestic self-supplier section 10 drinking water section 6 drinking water services local government organisation point of supply section 13 sanitary services section 25(1)﻿(a), (b), (d), (h), and (i) sufficient quantity section 25 Taumata Arowai section 8 wastewater services Section 124 replaced 15 November 2021 section 208 Water Services Act 2021
125: Requirement to assess drinking water services
1: A territorial authority must inform itself about the access that each community in its district has to drinking water services by undertaking an assessment of drinking water services in accordance with this section.
2: An assessment of drinking water services must—
a: identify each community that receives a drinking water service; and
b: describe the nature of existing drinking water services to the community; and
c: describe the characteristics of the community; and
d: assess the extent to which the community is currently receiving, and will continue to receive, a sufficient quantity of drinking water, including a consideration of—
i: the community’s existing access to drinking water services; and
ii: any reasonably foreseeable risks to the community’s access to drinking water services in the future; and
iii: the current and estimated future demands for drinking water services within the community; and
e: describe the safety and quality of drinking water currently being supplied to the community, using information collected and made available by Taumata Arowai and any other organisations that the territorial authority considers relevant; and
f: identify and assess any other public health risks relating to the drinking water services supplied to the community; and
g: include an assessment of wastewater and sanitary services in accordance with section 128
h: based on the assessment under paragraphs (b) to (g)
i: assess the consequences if the community loses access to drinking water services in the future, or is provided with drinking water services that are deficient in any way, including the implications for that community’s public health; and
ii: outline a plan to provide for the community’s ongoing access to drinking water services.
3: A territorial authority must conduct an assessment of drinking water services under subsection (2)
a: at least once every 3 years, which may be carried out when other assessments are carried out or at different times; or
b: at an earlier date than required by paragraph (a)
4: A territorial authority must provide opportunities for any person to alert the territorial authority at any time to concerns about a community’s access to drinking water services.
5: For the purposes of this section,—
a: references to assessments include—
i: assessing a service for the first time; and
ii: reviewing and updating an existing assessment:
b: the scope of each assessment must include—
i: communities that receive drinking water services from the territorial authority or other local government organisation; and
ii: communities that do not receive drinking water services from the territorial authority or other local government organisation; and
iii: all types of water supply arrangements, including communities (and households within those communities) that do not receive drinking water services supplied by network reticulation:
c: territorial authorities need not consider within an assessment drinking water services that are owned or operated by the Crown:
d: an assessment may be carried out by the territorial authority, or undertaken on its behalf (whether in whole or in part) by another appropriate organisation, including an iwi or Māori organisation. Section 125 replaced 15 November 2021 section 208 Water Services Act 2021
126: Requirements following assessment of community drinking water service
1: On completion of an assessment of a community drinking water service, a territorial authority must—
a: make the assessment available to the public on an Internet site maintained by or on behalf of the territorial authority; and
b: provide Taumata Arowai with a copy of the assessment in electronic form.
2: A territorial authority must also notify Taumata Arowai about—
a: any suppliers of drinking water services that are, or appear to be, failing to meet the supplier’s statutory obligations or are at risk of doing so; and
b: any other matters of concern arising from the assessment, including potential risks to communities affected by the assessment that relate to—
i: any absence of, or deficiency in, a drinking water service; or
ii: a drinking water supplier that is at risk of ceasing to provide a service.
3: A territorial authority must also consider the findings and implications of the assessment in relation to—
a: the territorial authority’s current and future infrastructure strategy and long-term plan; and
b: the territorial authority’s district plan prepared under the Resource Management Act 1991
c: the territorial authority’s broader duty to improve, promote, and protect public health within its district in accordance with section 23 Section 126 replaced 15 November 2021 section 208 Water Services Act 2021
127: Duty to ensure communities have access to drinking water if existing suppliers facing significant problems
1: Subsection (2) applies if—
a: a territorial authority’s or Taumata Arowai’s assessment of a drinking water supply is that the supplier (not being the territorial authority) is facing a significant problem or potential problem with any of its drinking water services, and the territorial authority has notified Taumata Arowai of those concerns and discussed them with Taumata Arowai; or
b: Taumata Arowai requires the territorial authority to take action under subsection (2).
2: If this subsection applies, a territorial authority must—
a: work collaboratively with the supplier, the consumers of the supply, and Taumata Arowai to identify, as the circumstances allow and within a time frame determined by Taumata Arowai, 1 or more of the following:
i: an immediate solution to the problem:
ii: a temporary solution to the problem:
iii: a long-term, permanent solution to the problem; and
b: ensure that drinking water is provided to the affected consumers, on a temporary or permanent basis, if—
i: the supplier is unable to continue to provide a service that meets the statutory requirements; and
ii: an alternative solution is not readily available, or cannot be agreed by the parties involved within the time frame determined by Taumata Arowai.
3: For the purposes of this section,—
a: a significant problem or potential problem
i: a drinking water supplier has persistently failed to comply with legislative requirements; or
ii: there is a serious risk to public health relating to the drinking water services provided by a drinking water supplier; or
iii: a drinking water supplier has ceased to operate a drinking water service, or is, in Taumata Arowai’s opinion, at significant risk of ceasing to operate a service:
b: if a territorial authority is obliged to ensure access to drinking water, the territorial authority may consider a range of options to fulfil its obligation, including—
i: taking over the management and operations of the drinking water service, on a temporary or permanent basis:
ii: ensuring drinking water continues to be provided through alternative supply arrangements:
c: nothing in paragraph (b) obliges a territorial authority to provide the supply via a reticulated network:
d: if a territorial authority takes over the management and operations of a drinking water service on a permanent basis, the territorial authority, Taumata Arowai, the former supplier, and (if relevant) the affected consumers must work together to determine how to deal with—
i: any assets and liabilities that may relate to the service; and
ii: any legal or other issues that may affect the territorial authority’s ability to manage and operate the service, such as access to the land on, or beneath which, assets are situated; and
iii: how the territorial authority might be compensated for the costs incurred in taking over responsibility for the service:
e: a territorial authority may charge for any drinking water services that are provided to affected consumers, and may recover its costs from the previous supplier, but, when making decisions about future charges and funding arrangements, the territorial authority must—
i: take reasonable steps to ascertain and consider the financial circumstances facing the affected consumers; and
ii: consider the range of funding sources provided for in its revenue and financing policy, including the potential use of general rates; and
iii: on request, demonstrate that it has considered those factors.
4: See also subpart 12 Section 127 inserted 15 November 2021 section 208 Water Services Act 2021
127: Information required in assessment of sanitary services
Section 127 repealed 27 November 2010 section 30 Local Government Act 2002 Amendment Act 2010
128: Requirement to assess wastewater and other sanitary services
1: A territorial authority must assess the provision within its district of—
a: wastewater services; and
b: other sanitary services.
2: The purpose of an assessment under subsection (1) is to assess, from a public health perspective, the adequacy of wastewater services and other sanitary services available to communities within a territorial authority’s district, in light of—
a: the health risks to communities arising from any absence of, or deficiency in, the services; and
b: the quality of the services currently available to communities within the district; and
c: the current and estimated future demands for any of those services; and
d: the actual or potential consequences of stormwater and sewage discharges within the district.
3: One type of service may be assessed in conjunction with another type of service. Section 128 inserted 15 November 2021 section 208 Water Services Act 2021
128: Process for making assessments
Section 128 repealed 27 November 2010 section 30 Local Government Act 2002 Amendment Act 2010
129: Extent of information in assessments
Section 129 repealed 27 November 2010 section 30 Local Government Act 2002 Amendment Act 2010
2: Obligations and restrictions relating to provision of water services
130: Obligation to maintain water services
1: This subpart applies to a local government organisation that provides water services to communities within its district or region—
a: at the commencement of this section:
b: at any time after the commencement of this section.
2: A local government organisation to which this section applies must continue to provide water services and maintain its capacity to meet its obligations under this subpart.
3: In order to fulfil the obligations under this subpart, a local government organisation must—
a: not use assets of its water services as security for any purpose:
b: not divest its ownership or other interest in a water service except to another local government organisation:
c: not lose control of, sell, or otherwise dispose of, the significant infrastructure necessary for providing water services in its region or district, unless, in doing so, it retains its capacity to meet its obligations:
d: not, in relation to a property to which it supplies water,—
i: restrict the water supply unless section 193
ii: stop the water supply unless section 25
4: This section—
a: does not prevent a local government organisation from transferring a water service to another local government organisation; and
b: does not override sections 131 to 137 Section 130(3)﻿(d)﻿(ii) amended 15 November 2021 section 209 Water Services Act 2021 Closure or transfer of small water services
131: Power to close down or transfer small water services
1: Despite section 130(2)
a: close down the water service; or
b: transfer the water service to an entity representative of the community for which the service is operated.
2: A local government organisation must not close down or transfer a water service unless—
a: there are 200 or fewer persons to whom the water service is delivered and who are ordinarily resident in the district, region, or other subdivision; and
b: it has consulted on the proposal with the Medical Officer of Health for the district or Taumata Arowai; and
c: it has made publicly available in a balanced and timely manner—
i: the views of the Medical Officer of Health or Taumata Arowai; and
ii: the information it has received in the course of—
A: undertaking a review, assessment, and comparison under section 134(a) and (b)
B: preparing a management plan and making assessments under section 135(a), (b), and (c)
d: the proposal is supported, in a binding referendum conducted under section 9
i: in the case of a proposal to close down a water service, by 75% or more of the votes cast in accordance with subsection (3); and
ii: in the case of a proposal to transfer a water service, by more than 50% of the votes cast in accordance with section 132
3: For the purpose of subsection (2)﻿(a), a certificate signed by the chief executive of the local government organisation as to the number of persons to whom the water service is delivered in the district, region, or other subdivision at any date is conclusive evidence of that number. Section 131(2)﻿(b) amended 15 November 2021 section 210 Water Services Act 2021 Section 131(2)﻿(c)﻿(i) amended 15 November 2021 section 210 Water Services Act 2021
132: Eligibility to vote in referendum
A person is eligible to vote in a referendum conducted under section 131(2)﻿(d)
a: a residential elector under section 23
b: a ratepayer elector under section 24
133: Responsibility for conduct of referendum
1: The territorial authority that is responsible for conducting a referendum under section 131(2)﻿(d)
2: The electoral officer of a territorial authority responsible for conducting a referendum under subsection (1) must prepare a special roll of the persons eligible to vote under section 132
3: The provisions of the Local Electoral Act 2001 section 131(2)﻿(d)
134: Criteria for closure of water service
A local government organisation may only close down a water service under section 131(1)﻿(a)
a: reviewed the likely effect of the closure on—
i: the public health of the community that would be affected by the closure; and
ii: the environment in the district of that community; and
b: assessed, in relation to each property that receives the water service, the likely capital cost and annual operating costs of providing an appropriate alternative service if the water service is closed down; and
c: compared the quality and adequacy of the existing water service with the likely quality and adequacy of the alternative service referred to in paragraph (b).
135: Criteria for transfer of water service
A local government organisation may only transfer a water service under section 131(1)﻿(b)
a: developed a draft management plan under which the entity representative of the community would maintain and operate the water service; and
b: assessed the likely future capital and operating costs of the entity representative of the community to maintain and operate the water service; and
c: assessed the ability of the entity representative of the community to maintain and operate the water service satisfactorily. Contracting out of water services
136: Contracts relating to provision of water services
1: Despite section 130(2)
2: If a local government organisation enters into a contract under subsection (1), it must—
a: continue to be legally responsible for providing the water services; and
b: retain control over the following matters:
i: the pricing of water services; and
ii: the development of policy related to the delivery of water services.
3: This section does not limit contracts in relation to water services that are entered into solely between local government organisations.
4: A contract entered into by a local government organisation is not a contract to which subsection (1) applies merely because the local government organisation agrees to any 1 or more of the following:
a: to propose the use of a levy under the Infrastructure Funding and Financing Act 2020
b: to carry out any aspect of the administration of a levy under that Act:
c: the vesting of eligible infrastructure under that Act:
d: to contribute to the construction costs of the eligible infrastructure. Section 136 substituted 27 November 2010 section 32 Local Government Act 2002 Amendment Act 2010 Section 136(4) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Joint local government arrangements and joint arrangements with other entities Heading substituted 7 July 2004 section 13 Local Government Act 2002 Amendment Act 2004
137: Joint local government arrangements and joint arrangements with other entities
1: In this section,— joint arrangement joint local government arrangement
2: Section 130(2)
a: a joint arrangement for a term not longer than 35 years (except a concession or other franchise agreement relating to the provision of the water services or any aspect of the water services):
b: a joint local government arrangement
3: However, before a local government organisation enters into a joint arrangement joint local government arrangement
a: in the case of a local government organisation that is a local authority, have undertaken consultation in accordance with the procedures set out in Part 6
b: in the case of a local government organisation that is not a local authority, have undertaken consultation in accordance with the procedures set out in Part 6
c:
4: If a local government organisation enters into a joint arrangement under subsection (2)﻿(a), it must—
a: continue to be legally responsible for providing the water services; and
b: retain control over the following matters:
i: the pricing of water services; and
ii: the development of policy related to water services; and
c: after the end of the joint arrangement, retain ownership of all the infrastructure associated with the water service, whether or not the infrastructure was—
i: provided by the local government organisation at the beginning of the joint arrangement; or
ii: developed or purchased during the joint arrangement; and
d: not sell or transfer ownership of any existing infrastructure associated with the water service, unless the local government organisation reasonably believes that the sale is—
i: incidental to the joint arrangement; and
ii: desirable for the success of the joint arrangement.
4A: An arrangement entered into by a local government organisation is not a joint arrangement or a joint local government arrangement to which this section applies merely because the arrangement includes doing any 1 or more of the following:
a: proposing the use of a levy under the Infrastructure Funding and Financing Act 2020
b: carrying out any aspect of the administration of a levy under that Act:
c: the vesting of eligible infrastructure under that Act:
d: contributing to the costs of the construction of the eligible infrastructure.
5: In this section, concession or other franchise agreement Section 137 heading substituted 7 July 2004 section 14(1) Local Government Act 2002 Amendment Act 2004 Section 137(1) substituted 7 July 2004 section 14(2) Local Government Act 2002 Amendment Act 2004 Section 137(2)﻿(a) substituted 27 November 2010 section 33(1) Local Government Act 2002 Amendment Act 2010 Section 137(2)﻿(b) amended 7 July 2004 section 14(3) Local Government Act 2002 Amendment Act 2004 Section 137(3) amended 7 July 2004 section 14(3) Local Government Act 2002 Amendment Act 2004 Section 137(3) amended 7 July 2004 section 14(4) Local Government Act 2002 Amendment Act 2004 Section 137(3)﻿(b) amended 27 November 2010 section 33(2) Local Government Act 2002 Amendment Act 2010 Section 137(3)﻿(c) repealed 27 November 2010 section 33(3) Local Government Act 2002 Amendment Act 2010 Section 137(4) substituted 27 November 2010 section 33(4) Local Government Act 2002 Amendment Act 2010 Section 137(4A) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 137(5) added 27 November 2010 section 33(4) Local Government Act 2002 Amendment Act 2010
3: Restrictions on disposal of parks, reserves, and endowment properties
Parks and reserves
138: Restriction on disposal of parks (by sale or otherwise)
1: A local authority proposing to sell or otherwise dispose of a park or part of a park must consult on the proposal before it sells or disposes of, or agrees to sell or dispose of, the park or part of the park.
2: In this section,— dispose of park
a: means land acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; but
b: does not include land that is held as a reserve, or part of a reserve, under the Reserves Act 1977 Section 138 substituted 28 June 2006 section 13 Local Government Act 2002 Amendment Act 2006
139: Protection of regional parks
1: In this section and section 139A regional park
a: means land—
i: owned by a regional council; and
ii: acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; and
b: includes land within the meaning of paragraph (a) that is—
i: reserve within the meaning of section 2(1)
ii: otherwise held or administered under the Reserves Act 1977
2: For the purpose of enabling a regional council to protect a regional park or part of a regional park in its region, the Governor-General may, by Order in Council made on the recommendation of the Minister, declare the park or the part of the park to be protected in perpetuity from disposition (by sale or otherwise).
3: The Minister must not make a recommendation unless the regional council has requested the Minister to do so.
4: An Order in Council does not prevent a regional council from disposing of part of the regional park to which the order applies—
a: to make a minor boundary adjustment to it:
b: for the more efficient administration of it.
5: However, subsection (4) applies only if—
a: the retention of the land would not materially enhance the conservation or recreational value of the park; and
b: the regional council has consulted in a manner that gives effect to the requirements of section 82
6: Any land within the meaning of subsection (1)﻿(b) that is included in an Order in Council—
a: retains its classification under the Reserves Act 1977
b: remains subject to that Act; and
c: if the land is to be sold or disposed of under subsection (4) of this section, must first be dealt with under sections 24 25
7: An Order in Council must specify the regional park or the part of the regional park to which the order applies—
a: by name and legal description, if it is practicable to do so; or
b: by name and a detailed description of the location of the land, in any other case.
8: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 139 substituted 28 June 2006 section 14 Local Government Act 2002 Amendment Act 2006 Section 139(5)﻿(b) replaced 8 August 2014 section 45 Local Government Act 2002 Amendment Act 2014 Section 139(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
139A: Further provision in relation to regional parks
1: An Order in Council made under section 139
2: The provisions of section 139 Section 139A inserted 28 June 2006 section 14 Local Government Act 2002 Amendment Act 2006 Endowment property
140: Restrictions on disposal of endowment property
1: In this section and section 141 property
a: means real property of every type; and
b: includes every type of estate and interest in property.
2: This section and section 141
3: The property must be retained by the local authority for the purpose for which the property was vested in the local authority.
4: However,—
a: the Minister may approve in writing additional or different purposes—
i: for which the property may be used; or
ii: for which income derived from the property may be used; or
b: unless expressly prohibited by the instrument that vested the property in the local authority, the local authority may sell or exchange the property and use the proceeds of the sale or exchange for a purpose identified by the local authority in accordance with section 141
141: Conditions applying to sale or exchange of endowment property
1: A local authority must not exercise the power in section 140(4)﻿(b)
a: the proposed use of the proceeds of sale of the property, or of the property received in exchange, is consistent with the purpose of the endowment; and
b:
c: in a case where the Crown was the donor of the property, the local authority has notified the Minister for Land Information and the Minister in Charge of Treaty of Waitangi Negotiations of the local authority's proposal to sell or exchange the endowment land; and
d: in other cases, the local authority has—
i: made a reasonable attempt to notify the donor of the property, or his or her successor, as the case may be, that the local authority intends to sell or exchange the property; and
ii: provided the donor with a reasonable opportunity to comment on the intended sale or exchange.
2: To avoid doubt, notification of a proposal to sell or exchange a property under subsection (1)﻿(c) does not oblige a Minister to take any action in relation to the proposal to sell or exchange the property.
3: If the local authority is subject to reorganisation, the proceeds of a sale or exchange of property must be applied to the district or districts of the new local authority or authorities arising from the reorganisation of which the local authority formed part. 1974 No 66 s 230 Section 141(1)﻿(b) repealed 27 November 2010 section 34 Local Government Act 2002 Amendment Act 2010
4: Public libraries
142: Obligation to provide free membership of libraries
If a local authority or a council-controlled organisation provides a library for public use, the residents in the district or region are entitled to join the library free of charge. 1974 No 66 s 601(4)
8: Regulatory, enforcement, and coercive powers of local authorities
1: Powers of local authorities to make bylaws
143: Outline of Part
This Part provides the powers necessary for local authorities—
a: to make bylaws:
b: in relation to enforcement,—
i: to enforce all regulatory measures made under this Act, including bylaws and infringement offences; and
ii: to undertake, or contract out the administration of, those enforcement powers:
c: to undertake certain activities on, or in relation to, private land, including powers in relation to owners and occupiers, and powers to recover for damage to certain local authority property caused wilfully or negligently:
d: to undertake activities in relation to water services, including discharge of sewage and trade wastes:
e: to require development contributions:
f: to apply for and enforce removal orders.
144: Bylaws Act 1910
The Bylaws Act 1910 Part 9 1974 No 66 s 679 Powers of territorial authorities to make bylaws
145: General bylaw-making power for territorial authorities
A territorial authority may make bylaws for its district for 1 or more of the following purposes:
a: protecting the public from nuisance:
b: protecting, promoting, and maintaining public health and safety:
c: minimising the potential for offensive behaviour in public places.
146: Specific bylaw-making powers of territorial authorities
1: Without limiting section 145
a: of regulating 1 or more of the following:
i: on-site wastewater disposal systems:
ii: waste management:
iii: trade wastes:
iv: solid wastes:
v: keeping of animals, bees, and poultry:
vi: trading in public places:
b: of managing, regulating against, or protecting from, damage, misuse, or loss, or for preventing the use of, the land, structures, or infrastructure associated with 1 or more of the following:
i: water races:
ii: water supply:
iii: wastewater, drainage, and sanitation:
iv: land drainage:
v: cemeteries:
vi: reserves, recreation grounds, or other land under the control of the territorial authority:
c:
2: If a territorial authority makes bylaws under section 145 section 5 section 138
3: Subsection (2) applies to bylaws made on and after the commencement of section 211 Section 146(1)﻿(c) repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 146(2) inserted 15 November 2021 section 211 Water Services Act 2021 Section 146(3) inserted 15 November 2021 section 211 Water Services Act 2021
147: Power to make bylaws for alcohol control purposes
1: In this section,— alcohol section 5(1) licensed premises section 5(1) public place
a: means a place that is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from it; but
b: does not include licensed premises.
2: A territorial authority may make bylaws for its district for the purpose of prohibiting or otherwise regulating or controlling, either generally or for one or more specified periods, any or all of the following:
a: the consumption of alcohol in public places:
b: the bringing of alcohol into public places:
c: the possession of alcohol in public places.
3: In conjunction with a bylaw under subsection (2), a territorial authority may make bylaws for its district for the purpose of prohibiting or otherwise regulating or controlling, either generally or for one or more specified periods, the presence or consumption of alcohol in vehicles, or vehicles of stated kinds or descriptions, in public places.
4: A bylaw under this section does not prohibit, regulate, or control, in the case of alcohol in an unopened container,—
a: the transport of the alcohol from licensed premises next to a public place, if—
i: it was lawfully bought on those premises for consumption off those premises; and
ii: it is promptly removed from the public place; or
b: the transport of the alcohol from outside a public place for delivery to licensed premises next to the public place; or
c: the transport of the alcohol from outside a public place to premises next to a public place by, or for delivery to, a resident of the premises or his or her bona fide visitors; or
d: the transport of the alcohol from premises next to a public place to a place outside the public place if—
i: the transport is undertaken by a resident of those premises; and
ii: the alcohol is promptly removed from the public place.
5: Subsections (2) and (3) do not limit section 145 Section 147 replaced 18 December 2013 section 4 Local Government (Alcohol Reform) Amendment Act 2012
147A: Criteria for making or continuing bylaws
1: Before making a bylaw under section 147
a: must be satisfied that it can be justified as a reasonable limitation on people's rights and freedoms; and
b: except in the case of a bylaw that will apply temporarily for a large scale event, must also be satisfied that—
i: there is evidence that the area to which the bylaw is intended to apply has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area; and
ii: the bylaw is appropriate and proportionate in the light of that crime or disorder.
2: Before deciding that a bylaw under section 147
3: Before making under section 147
a: the bylaw can be justified as a reasonable limitation on people's rights and freedoms; and
b: a high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and
c: the bylaw is appropriate and proportionate in the light of that likely crime or disorder.
4: Subsection (1) does not apply to a bylaw of a kind described in subsection (3). Section 147A inserted 18 December 2013 section 4 Local Government (Alcohol Reform) Amendment Act 2012
147B: Criteria for making resolutions relating to bylaws
Before making under section 151 section 147
a: there is evidence that the area to which the bylaw applies (or will apply by virtue of the resolution) has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area; and
b: the bylaw, as applied by the resolution,—
i: is appropriate and proportionate in the light of the evidence; and
ii: can be justified as a reasonable limitation on people's rights and freedoms. Section 147B inserted 18 December 2013 section 4 Local Government (Alcohol Reform) Amendment Act 2012
147C: Signage for areas in which bylaws for alcohol control purposes apply
Regulations under section 259
a: require territorial authorities to erect and maintain signs indicating the existence or boundaries of areas in their districts in which a bylaw under section 147
b: describe the required placement of the signs required to be erected and maintained:
c: prescribe particular forms for particular kinds of sign required to be erected and maintained (including, without limitation, content, size, lettering, symbols, and colouring). Section 147C inserted 18 December 2013 section 4 Local Government (Alcohol Reform) Amendment Act 2012
148: Special requirements for bylaws relating to trade wastes
1: Before making bylaws under section 146(a)﻿(iii)
2: Before sending proposed bylaws to the Minister of Health under subsection (1), the territorial authority must, at least 2 months before the making of the bylaws, give public notice of its intention to make the bylaws, stating—
a: the trade wastes to which the bylaws will relate; and
b: that copies of the draft bylaws may be inspected free of charge at the place specified in the notice and may be obtained on payment of the charge specified in the notice; and
c: that the territorial authority is prepared to receive and consider any representation about the bylaws made to it in writing by, or on behalf of, owners or occupiers of trade premises within its district at the time specified in the notice, being not less than 2 months after publication of the notice.
3: Before making the bylaws, the territorial authority must consider any representation received in accordance with the notice given under subsection (2).
4: The territorial authority must, before making the bylaws, consult any body of persons the Minister of Health specifies to the territorial authority as being representative of—
a: the interests of the owners or occupiers of trade premises in the district of the territorial authority; or
b: any class of those owners or occupiers.
5: A territorial authority—
a: must enter on a register the name and postal address of an owner or occupier of trade premises who serves on the territorial authority a written request for registration; and
b: must ensure that a copy of a notice required under subsection (2) is sent to the persons registered under paragraph (a); and
c: may remove from the register the name of a person who has ceased to be the owner or occupier of trade premises within its district, or who has requested the local authority in writing to remove his or her name from the register.
6: Nothing in this section limits the provisions of the Health Act 1956 Resource Management Act 1991
7: The requirements in this section are in addition to the requirements in section 156 1974 No 66 s 492 Section 148(7) substituted 20 September 2007 section 5 Local Government Act 2002 Amendment Act 2007 Power of regional councils to make bylaws
149: Power of regional councils to make bylaws
1: A regional council may make bylaws in relation to the following matters:
a: forests that the regional council owns or controls, whether or not the forest is within the region of the regional council:
b: parks, reserves, recreation grounds, or other land that the regional council owns or controls:
c: flood protection and flood control works undertaken by, or on behalf of, the regional council:
d: water supply works undertaken by, or on behalf of, the regional council.
2: Without limiting the generality of subsection (1), bylaws may be made in relation to the matters listed in subsection (1) for the purpose of managing, regulating against, or protecting from, damage, misuse, or loss, or for preventing the use of,—
a: the real and personal property owned or controlled by the regional council; and
b: sites or places on land of the regional council that have cultural, historical, recreational, scientific, or other community or amenity values. 1974 No 66 s 586 Power of local authorities to prescribe fees
150: Fees may be prescribed by bylaw
1: A local authority may prescribe fees or charges payable for a certificate, authority, approval, permit, or consent from, or inspection by, the local authority in respect of a matter provided for—
a: in a bylaw made under this Act; or
b: under any other enactment, if the relevant provision does not—
i: authorise the local authority to charge a fee; or
ii: provide that the certificate, authority, approval, permit, consent, or inspection is to be given or made free of charge.
2: A bylaw may provide for the refund, remission, or waiver of a fee in specified situations or in situations determined by the local authority.
3: Fees provided for in subsection (1) must be prescribed either—
a: in bylaws; or
b: following consultation in a manner that gives effect to the requirements of section 82
4: The fees prescribed under subsection (1) must not provide for the local authority to recover more than the reasonable costs incurred by the local authority for the matter for which the fee is charged.
5: The local authority must ensure that copies of all bylaws made under subsection (1) or subsection (3) are available for public inspection free of charge at the public office of the local authority during ordinary office hours.
6: This section does not apply to charges for goods, services, or amenities provided by the local authority in reliance on the general power under section 12 1974 No 66 s 690A Section 150(3)﻿(b) replaced 8 August 2014 section 46 Local Government Act 2002 Amendment Act 2014
150A: Costs of development contribution objections
1: If a person objects to a territorial authority's requirement that a development contribution be made, the territorial authority may recover from the person its actual and reasonable costs in respect of the objection.
2: The costs that the territorial authority may recover under this section are the costs incurred by it in respect of—
a: the selection, engagement, and employment of the development contributions commissioners; and
b: the secretarial and administrative support of the objection process; and
c: preparing for, organising, and holding the hearing.
3: A territorial authority may, in any particular case and in its absolute discretion, waive or remit the whole or any part of any costs that would otherwise be payable under this section.
4: A territorial authority's actual and reasonable costs in respect of objections are recoverable under section 252 Section 150A inserted 8 August 2014 section 47 Local Government Act 2002 Amendment Act 2014 Bylaws proposed by local boards Heading inserted 8 August 2014 section 47 Local Government Act 2002 Amendment Act 2014
150B: Local boards may propose bylaw
1: A local board may propose to the governing body, in writing, the making of a bylaw to apply only in, or only in any part of, its local board area.
2: As soon as is practicable after receiving a proposal under subsection (1), the governing body must decide whether the proposed bylaw meets the following requirements:
a: the enactment under which the proposed bylaw is to be made authorises the making of the bylaw; and
b: the proposed bylaw complies with the applicable statutory requirements of that enactment and any other relevant enactment; and
c: the proposed bylaw is not inconsistent with any strategy, policy, plan, or bylaw of the unitary authority; and
d: the proposed bylaw can be implemented and enforced within the local board's budget; and
e: the proposed bylaw will not have any significant effect outside the local board's area.
3: If the governing body decides that a proposed bylaw—
a: meets the requirements of subsection (2), it must give written notice of its decision to the local board:
b: does not meet the requirements of subsection (2), it must give written notice of its decision (with reasons) to the local board.
4: In this section and sections 150C to 150F
a: a reference to the governing body in relation to a local board means the governing body of the unitary authority for the district that includes the local board area of that local board; and
b: a reference to the unitary authority in relation to a local board means the unitary authority for the district that includes the local board area of that local board. Section 150B inserted 8 August 2014 section 47 Local Government Act 2002 Amendment Act 2014
150C: Local board must consult on proposed bylaw
1: This section applies if a local board has received notice under section 150B(3)﻿(a)
2: The local board must consult the public within the local board area on the proposed bylaw and, for that purpose, section 156(1)
3: If, after acting under subsection (2), the local board confirms the proposed bylaw, it must give written notice of its decision to the governing body, and the governing body must adopt the bylaw by resolution.
4: If, after acting under subsection (2), the local board modifies the proposed bylaw, it must given written notice of its decision to the governing body, and the governing body must,—
a: if satisfied that the proposed bylaw meets the requirements of section 150B(2)
b: if not satisfied that the proposed bylaw meets the requirements of section 150B(2)
5: Where the unitary authority adopts under subsection (3) or (4)﻿(a) a bylaw that is made under this Act, the requirements of sections 86 155 156 Section 150C inserted 8 August 2014 section 47 Local Government Act 2002 Amendment Act 2014
150D: Local board may propose amendment to bylaw
1: A local board may propose to the governing body, in writing, that a bylaw that applies only in, or only in any part of, its local board area be amended.
2: For the purposes of subsection (1), sections 150B 150C Section 150D inserted 8 August 2014 section 47 Local Government Act 2002 Amendment Act 2014
150E: Local board may propose revocation of bylaw
1: A local board may propose to the governing body, in writing, that a bylaw that applies only in, or only in any part of, its local board area be revoked.
2: As soon as practicable after receiving a proposal under subsection (1), the governing body must decide whether the proposed revocation—
a: complies with the applicable statutory requirements; and
b: is not inconsistent with any strategy, policy, or plan of the unitary authority; and
c: will not have any significant effect outside the local board's area.
3: If the governing body decides that a proposed revocation—
a: meets the requirements of subsection (2), it must give written notice of its decision to the local board:
b: does not meet the requirements of subsection (2), it must give written notice of its decision (with reasons) to the local board.
4: If the local board receives notice under subsection (3)﻿(a), section 150C(2), (3), and (5) Section 150E inserted 8 August 2014 section 47 Local Government Act 2002 Amendment Act 2014
150F: Joint bylaw proposals
1: Two or more local boards may propose to the governing body, in writing, the making of a bylaw to apply only in, or only in any part of, the local boards' areas.
2: For the purposes of subsection (1), sections 150B to 150D Section 150F inserted 8 August 2014 section 47 Local Government Act 2002 Amendment Act 2014 General provisions applying to bylaws made by a local authority
151: General provisions applying to bylaws
made under this Act
1AA: This section applies to a bylaw only if it is made under this Act or the Maritime Transport Act 1994
1: A bylaw may require anything to be done in any manner, or within any time, that is required by the local authority or by a person referred to in the bylaw.
2: A bylaw may leave any matter or thing to be regulated, controlled, or prohibited by the local authority by resolution either generally, for any specified classes of case, or in a particular case.
3: A bylaw may provide for the following:
a: the licensing of persons or property:
b: the payment of reasonable licence fees:
c: recovery of costs incurred by the local authority in relation to an activity licensed under a bylaw. 1974 No 66 s 682(a)–(c) Section 151 heading amended 28 June 2006 section 15(1) Local Government Act 2002 Amendment Act 2006 Section 151(1AA) inserted 28 June 2006 section 15(2) Local Government Act 2002 Amendment Act 2006 Section 151(1AA) amended 23 October 2013 section 90 Maritime Transport Amendment Act 2013
152: Effect of
Building Act 2004
1: A council may not make a bylaw under this Act that purports to have the effect of requiring a building to achieve performance criteria additional to, or more restrictive than, those specified in the Building Act 2004 building code
2: For the purposes of this section, building building code performance criteria Building Act 2004 1974 No 66 s 684A Section 152 heading amended 31 March 2005 section 414 Building Act 2004 Section 152(1) amended 31 March 2005 section 414 Building Act 2004 Section 152(2) amended 31 March 2005 section 414 Building Act 2004
152A: Effect of Food Act 2014 on bylaws
1: This section applies to the following documents:
a: the Food Act 2014
b: regulations under the Food Act 2014
c: adopted joint food standards under the Food Act 2014
d: domestic food standards under the Food Act 2014
e: notices under the Food Act 2014
f: directions given by the chief executive of the Ministry under the Food Act 2014
2: If a bylaw made by a council is inconsistent with a document,—
a: the document prevails and the bylaw has no effect to the extent of the inconsistency; and
b: the council must amend or revoke the bylaw to remove the inconsistency.
3: The council need not use the special consultative procedure set out in section 83
4: A council must not make a bylaw that is inconsistent with a document. Section 152A inserted 1 March 2016 section 447 Food Act 2014
152B: Effect of Fire and Emergency New Zealand Act 2017 on bylaws
1: If a territorial authority is satisfied, after consultation with Fire and Emergency New Zealand, that it is appropriate to amend or revoke a relevant fire bylaw, the territorial authority may, despite anything in this Act, amend or revoke the bylaw by resolution publicly notified without being required to—
a: consult in accordance with section 82
b: use the special consultative procedure set out in section 83
2: In subsection (1) relevant fire bylaw
a: relates to the removal of fire hazards; or
b: declares prohibited or restricted fire seasons; or
c: prohibits or otherwise regulates or controls the lighting of fires in open air; or
d: relates to the prevention of the spread of fires involving vegetation.
3: If any bylaw made by a territorial authority is inconsistent with the Fire and Emergency New Zealand Act 2017
a: the Act, regulations, or notice prevails and the bylaw has no effect to the extent of the inconsistency; and
b: the territorial authority must amend or revoke the bylaw to remove the inconsistency.
4: The territorial authority may, despite anything in this Act, amend or revoke the bylaw to remove the inconsistency by resolution publicly notified, without being required to—
a: consult in accordance with section 82
b: use the special consultative procedure set out in section 83
5: A territorial authority must not make a bylaw that is inconsistent with the Fire and Emergency New Zealand Act 2017 Section 152B inserted 1 July 2017 section 199 Fire and Emergency New Zealand Act 2017 The Crown bound by certain bylaws
153: The Crown bound by certain bylaws
1: The Crown is bound by bylaws made by a local authority under any of the following provisions:
a: section 146(a)﻿(iii)
b: section 146(a)﻿(iv)
c: section 146(b)﻿(ii)
d: section 146(b)﻿(iii)
e:
2: The Crown is not bound by bylaws made by a local authority under any other provision of this Part.
3: However, the Crown is bound by any bylaw if non-compliance with that bylaw by the Crown would be likely to have an adverse effect on public health or safety. Section 153(1)﻿(e) repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
154: Power of exemption
1: The Minister of Local Government may, by a notice copied section 153
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 154(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 154(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Procedure for making bylaws
155: Determination whether bylaw
made under this Act
1AA: This section applies to a bylaw only if it is made under this Act or the Maritime Transport Act 1994
1: A local authority must, before commencing the process for making a bylaw, determine whether a bylaw is the most appropriate way of addressing the perceived problem.
2: If a local authority has determined that a bylaw is the most appropriate way of addressing the perceived problem, it must, before making the bylaw, determine whether the proposed bylaw—
a: is the most appropriate form of bylaw; and
b: gives rise to any implications under the New Zealand Bill of Rights Act 1990
3: No bylaw may be made which is inconsistent with the New Zealand Bill of Rights Act 1990 section 4 Section 155 heading amended 28 June 2006 section 16(1) Local Government Act 2002 Amendment Act 2006 Section 155(1AA) inserted 28 June 2006 section 16(2) Local Government Act 2002 Amendment Act 2006 Section 155(1AA) amended 23 October 2013 section 90 Maritime Transport Amendment Act 2013
156: Consultation requirements when making, amending, or revoking bylaws made under this Act
1: When making a bylaw under this Act or amending or revoking a bylaw made under this Act, a local authority must—
a: use the special consultative procedure (as modified by section 86
i: the bylaw concerns a matter identified in the local authority's policy under section 76AA
ii: the local authority considers that there is, or is likely to be, a significant impact on the public due to the proposed bylaw or changes to, or revocation of, the bylaw; and
b: in any case in which paragraph (a) does not apply, consult in a manner that gives effect to the requirements of section 82
2: Despite subsection (1)
a: make minor changes to, or correct errors in, a bylaw, but only if the changes or corrections do not affect—
i: an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or
ii: an existing status or capacity of any person to whom the bylaw applies:
b: convert an imperial weight or measure specified in a bylaw into its metric equivalent or near metric equivalent. Section 156 substituted 28 June 2006 section 17 Local Government Act 2002 Amendment Act 2006 Section 156 heading replaced 8 August 2014 section 48(1) Local Government Act 2002 Amendment Act 2014 Section 156(1) replaced 8 August 2014 section 48(2) Local Government Act 2002 Amendment Act 2014 Section 156(2) amended 8 August 2014 section 48(3) Local Government Act 2002 Amendment Act 2014
157: Public notice of bylaws and availability of copies
1: As soon as practicable after a bylaw is made, the local authority must give public notice of the making of the bylaw, stating—
a: the date on which the bylaw will come into operation; and
b: that copies of the bylaw may be inspected and obtained at the office of the local authority on payment of a specified amount.
2: A local authority must—
a: keep copies of all its bylaws at the office of the local authority; and
b: make its bylaws available for public inspection, without fee, at reasonable hours at the office of the authority; and
c: supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws. 1974 No 66 s 689 Review of bylaws made under this Act or the Local Government Act 1974 Heading amended 28 June 2006 section 18 Local Government Act 2002 Amendment Act 2006
158: Review of bylaws made under this Act or the Local Government Act 1974
1: A local authority must review a bylaw made by it under this Act or the Maritime Transport Act 1994 section 293
2: A local authority must review a bylaw made by it under the Local Government Act 1974 section 293
a: no later than 1 July 2008, if the bylaw was made before 1 July 2003; and
b: no later than 5 years after the bylaw was made, if the bylaw was made after 1 July 2003. Section 158 substituted 28 June 2006 section 19 Local Government Act 2002 Amendment Act 2006 Section 158(1) amended 23 October 2013 section 90 Maritime Transport Amendment Act 2013
159: Further reviews of bylaws every 10 years
A local authority must review a bylaw made by it under this Act , the Maritime Transport Act 1994 Local Government Act 1974 section 158 Section 159 substituted 28 June 2006 section 19 Local Government Act 2002 Amendment Act 2006 Section 159 amended 23 October 2013 section 90 Maritime Transport Amendment Act 2013
160: Procedure for and nature of review
1: A local authority must review a bylaw to which section 158 159 section 155
2: For the purposes of subsection (1), section 155
3: If, after the review, the local authority considers that the bylaw—
a: should be amended, revoked, or revoked and replaced, it must act under section 156
b: should continue without amendment, it must—
i: consult on the proposal using the special consultative procedure if—
A: the bylaw concerns a matter identified in the local authority’s policy under section 76AA
B: the local authority considers that there is, or is likely to be, a significant impact on the public due to the proposed continuation of the bylaw; and
ii: in any other case, consult on the proposed continuation of the bylaw in a manner that gives effect to the requirements of section 82
4: For the purpose of the consultation required under subsection (3)﻿(b), the local authority must make available
a: a copy of the bylaw to be continued; and
b: the reasons for the proposal; and
c: a report of any relevant determinations by the local authority under section 155
5: This section does not apply to any bylaw to which section 10AA Section 160 substituted 28 June 2006 section 19 Local Government Act 2002 Amendment Act 2006 Section 160(3)﻿(b) replaced 8 August 2014 section 49(1) Local Government Act 2002 Amendment Act 2014 Section 160(4) amended 8 August 2014 section 49(2) Local Government Act 2002 Amendment Act 2014
160A: Bylaw not reviewed within specified time frame revoked
A bylaw that is not reviewed as required under section 158 159 Section 160A inserted 28 June 2006 section 19 Local Government Act 2002 Amendment Act 2006
160B: Bylaw revocation postponed as result of outbreak of COVID-19
2021-07-01 Local Government Act 2002 Section 160B repealed Section 160B repealed 1 July 2021 Transfer of bylaw-making power
161: Transfer of bylaw-making power
1: A territorial authority may transfer all or any of its powers to make bylaws—
a: to a regional council if any part of the district of the territorial authority is within the region of that regional council; or
b: to another territorial authority.
2: A regional council may transfer all or any of its powers to make bylaws to a territorial authority within its region or to another regional council.
3: The provisions of section 17
4: A local authority must not transfer or delegate the power to make bylaws, except as provided for in this section.
1A: Local authority legislation
Subpart 1A inserted 28 October 2021 section 14 Legislation (Repeals and Amendments) Act 2019
161A: What is local authority legislation
1: A bylaw that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2019
2: Any other instrument (whatever it is called) that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2019
3: Subsection (1) applies whether or not the empowering legislation expressly states that the instrument is secondary legislation.
4: However,—
a: for the purposes of the Legislation Act 2019
b: the secondary legislation need not be published under the Legislation Act 2019
c: the secondary legislation is disallowable by the House of Representatives unless it is made by bylaws as defined by section 2 see section 115 Section 161A inserted 28 October 2021 section 14 Legislation (Repeals and Amendments) Act 2019
161B: Instruments that have significant legislative effect
1: An instrument has a significant legislative effect for the purposes of this subpart if the effect of the instrument is to do both of the following:
a: create, alter, or remove rights or obligations; and
b: determine or alter the content of the law applying to the public or a class of the public.
2: For the purposes of subsection (1),—
a: an instrument that determines or alters the temporal application of rights or obligations must be treated as having the effect described in paragraph (a) of that subsection; and
b: an instrument that determines or alters the temporal application of the law applying to the public or a class of the public must be treated as having the effect described in paragraph (b) of that subsection.
3: In applying subsection (1), the following must be disregarded:
a: the description, form, and maker of the instrument:
b: whether all or a portion of the instrument needs to be confirmed by an Act:
c: whether the instrument also contains provisions that are administrative.
4: An instrument does not have a significant legislative effect if it explains or interprets rights or obligations in a non-binding way, as long as the instrument does not do anything else that would bring it within subsection (1).
5: An instrument that is made in the exercise of a statutory power and imposes obligations in an individual case does not determine or alter the content of the law just because the statutory power applies generally or to a class of persons. Section 161B inserted 28 October 2021 section 14 Legislation (Repeals and Amendments) Act 2019
161C: Other supporting definitions
1: For the purposes of this subpart, an instrument that determines or alters the temporal application of rights or obligations
a: appoints or prescribes a date on which, or other time at which, they come into force:
b: defers the date on which, or other time at which, they apply or come into force:
c: suspends, or in any way cancels, for a period or until a time, their application or operation:
d: continues or extends (with or without a break), for a period or until a time, their application or operation:
e: defers the date on which, or other time at which, they are abolished, repealed, or revoked:
f: on a date, or at any other time, abolishes, repeals, or revokes them.
2: For the purposes of this subpart,— obligations
a: duties or liabilities:
b: obligations to comply with prohibitions:
c: ineligibility for rights, benefits, entitlements, interests, powers, or privileges rights
a: benefits, entitlements, interests, powers, or privileges:
b: eligibility for rights, benefits, entitlements, interests, powers, or privileges. Section 161C inserted 28 October 2021 section 14 Legislation (Repeals and Amendments) Act 2019
2: Enforcement powers
Injunctions
162: Injunctions restraining commission of offences and breaches of bylaws
1: The District Court
2: An injunction may be granted under subsection (1)—
a: despite anything in any other enactment:
b: whether or not proceedings in relation to the breach or offence have been commenced:
c: if a person is convicted of the breach or offence,—
i: in substitution for, or in addition to, any other penalty; or
ii: in subsequent proceedings. 1974 No 66 ss 683 698 Section 162(1) amended 1 March 2017 section 261 District Court Act 2016 Removal of works
163: Removal of works in breach of bylaws
1: If authorised by a bylaw to do so, a local authority may—
a: remove or alter a work or thing that is, or has been, constructed in breach of a bylaw; and
b: recover the costs of removal or alteration from the person who committed the breach.
2: Nothing done under subsection (1) or in a bylaw referred to in that subsection relieves the person who committed the breach from any other liability for the breach of the bylaw. 1974 No 66 s 692 Seizure of property
164: Seizure of property not on private land
1: An enforcement officer may seize and impound property that is not on private land if—
a: the property is materially involved in the commission of an offence; and
b: it is reasonable in the circumstances to seize and impound the property; and
c: before seizing and impounding the property, the enforcement officer—
i: directed (orally or in writing) the person committing the offence to stop committing the offence; and
ii: has advised (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the enforcement officer has power to seize and impound the property; and
iii: provided the person with a reasonable opportunity to stop committing the offence.
2: However, if the property is not in the possession of a person at the time the enforcement officer proposes to seize and impound the property, the enforcement officer does not have to comply with subsection (1)﻿(c).
3: As soon as practicable after seizing and impounding property, an enforcement officer must give a notice in the prescribed form—
a: to the person in possession of the property at the time it was seized and impounded; or
b: if paragraph (a) does not apply, to any person who the enforcement officer can ascertain is the owner of, or has an interest in, the property.
4: In this section and section 165 offence
a: means an offence against this Act; and
b: includes a breach of a bylaw.
165: Seizure of property from private land
1: An issuing officer (within the meaning of section 3
2: A warrant may be issued only if—
a: the application for it is made in the manner provided for an application for a search warrant in subpart 3
b: the issuing officer
i: the property is materially involved in the commission of an offence; and
ii: it is reasonable in the circumstances for the property to be seized; and
iii: the enforcement officer has directed the person committing the offence to stop committing the offence and has advised the person that, if he or she fails to do so, the enforcement officer intends to apply for a warrant; and
iv: the enforcement officer has given the person committing the offence a reasonable opportunity to stop committing the offence.
3: None of the following persons may act as an issuing officer under this section:
a: the mayor or any elected member of the local authority:
b: any employee of the local authority.
4: The provisions of Part 4 sections 118 119 Section 165(1) amended 1 October 2012 section 270(1) Search and Surveillance Act 2012 Section 165(2)﻿(a) amended 1 October 2012 section 270(2) Search and Surveillance Act 2012 Section 165(2)﻿(b) amended 1 October 2012 section 270(3) Search and Surveillance Act 2012 Section 165(3) replaced 1 October 2012 section 270(4) Search and Surveillance Act 2012 Section 165(4) replaced 1 October 2012 section 270(4) Search and Surveillance Act 2012
166: Conditions for exercise of warrant to seize property on private land
1: An enforcement officer executing a warrant issued under section 165(1)
2: Subsection (1) overrides section 165(4) Section 166(1) replaced 1 October 2012 section 271(1) Search and Surveillance Act 2012 Section 166(2) replaced 1 October 2012 section 271(1) Search and Surveillance Act 2012
167: Return of property seized and impounded
1: The owner of property that has been seized and impounded under section 164
2: The local authority must return the property if—
a: the property is not likely to be involved in an offence for which it was seized; and
b: the owner or person has paid, or tenders with the request payment of, the costs of the local authority in seizing, impounding, transporting, and storing the property.
3: If the local authority refuses to return the property, the owner or person from whom it was seized may apply to the District Court
4: The District Court may—
a: confirm the local authority's decision; or
b: order that the property be returned. Section 167(1) amended 1 October 2012 section 271(2) Search and Surveillance Act 2012 Section 167(3) amended 1 March 2017 section 261 District Court Act 2016
168: Power to dispose of property seized and impounded
1: A local authority may dispose of property seized and impounded under section 164
2: A local authority must not dispose of property before giving the owner of the property and the person it was seized from not less than 14 working days' notice of the authority's intention to do so.
3: A local authority may dispose of the property by way of sale or otherwise as it thinks fit.
4: Any proceeds from the disposal of the property must be applied to pay,—
a: first, the costs incurred in seizing, impounding, transporting, and storing the property:
b: second, the costs of disposing of the property:
c: third, any surplus to the owner of the property or the person from whom it was seized. Section 168(1) amended 1 October 2012 section 271(3) Search and Surveillance Act 2012 Powers of arrest, search, and seizure in relation to liquor
169: Powers of arrest, search, and seizure in relation to alcohol bans
1: In this section and in sections 169A 170 alcohol section 5(1) alcohol ban section 147 offence restricted place section 147(1)
2: A constable may, without warrant,—
a: for the purpose of ascertaining whether alcohol is present, search—
i: a container (for example, a bag, case, package, or parcel) in the possession of a person who is in, or entering, a restricted place; or
ii: a vehicle that is in, or is entering, a restricted place:
b: seize and remove any alcohol (and its container) that is in a restricted place in breach of an alcohol ban:
c: arrest any person whom the constable finds committing an offence:
d: arrest any person who has refused to comply with a request by a constable—
i: to leave a restricted place; or
ii: to surrender to a constable any alcohol that, in breach of an alcohol ban is in the person's possession.
3: Alcohol or a container seized under subsection (2)﻿(b) is forfeited to the Crown if the person from whom the alcohol or container is seized pays the infringement fee. Section 169 replaced 18 December 2013 section 5 Local Government (Alcohol Reform) Amendment Act 2012 Matters of proof in relation to bylaws prohibiting alcohol in public place Heading inserted 18 December 2013 section 5 Local Government (Alcohol Reform) Amendment Act 2012
169A: Proving substance is alcohol in relation to alleged breach of alcohol ban
1: In this section, labelled trade container
2: This subsection applies to a substance in respect of which a breach of alcohol ban is alleged to have been committed if the substance was in a container at the time the offence is alleged to have been committed, and—
a: the container was a labelled trade container; or
b: the container was not a labelled trade container but appeared to contain alcohol, and when it was opened the substance smelled like alcohol; or
c: the defendant has at any time made to a constable an admission to the effect that the substance was alcohol.
3: If, in any proceedings for a breach of alcohol ban, it is proved that subsection (2) applies to the substance in respect of which the breach is alleged to have been committed, the substance must be presumed to be alcohol unless the defendant—
a: proves that it was not; or
b: has served on the prosecution Section 169A inserted 18 December 2013 section 5 Local Government (Alcohol Reform) Amendment Act 2012 Section 169A(3)﻿(b) amended 26 March 2015 section 4 Local Government Act 2002 Amendment Act 2015
170: Conditions relating to power of search
1: Before exercising the power of search under section 169(2)﻿(a) constable
a: inform the person in possession of the container or the vehicle, as the case may be, that he or she has the opportunity of removing the container or the vehicle from the public place; and
b: provide the person with a reasonable opportunity to remove the container
2: However, on specified dates or in relation to specified events, notified in accordance with subsection (3), a constable section 169(2)﻿(a)
3: Before a constable
a: specify the public place (within the meaning of section 169(1)
b: indicate the location of the public place by 1 or more clearly legible notices affixed in 1 or more conspicuous places on, or adjacent to, the place to which the notice relates, unless it is impracticable or unreasonable to do so.
4: Subsection (2) only applies if the constable section 147 1974 No 66 s 709H Section 170(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 170(1)﻿(b) amended 7 July 2004 section 17 Local Government Act 2002 Amendment Act 2004 Section 170(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 170(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 170(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Powers of entry
171: General power of entry
1: For the purpose of doing anything that the local authority is empowered to do under this Act or any other Act, a local authority may enter any land or building other than a dwellinghouse.
2:
3:
4: If a local authority exercises the power under subsection (1) to enter unoccupied land or unoccupied buildings, the local authority must notify the owner—
a: not less than 24 hours in advance of the intended entry if it is reasonably practicable to do so; or
b: as early as reasonably practicable, whether before or after entry has been made.
5: This section does not limit section 172 section 173 Section 171(2) repealed 1 October 2012 section 271(4) Search and Surveillance Act 2012 Section 171(3) repealed 1 October 2012 section 271(4) Search and Surveillance Act 2012
172: Power of entry for enforcement purposes
1: A warranted enforcement officer may enter land for the purpose of detecting a breach of a bylaw or the commission of an offence against this Act if the officer has reasonable grounds for suspecting that a breach of the bylaw or the commission of the offence has occurred or is occurring on the land.
2: Before exercising the power in subsection (1), the officer must, if practicable, give reasonable notice to the occupier of the land of the intention to exercise the power, unless the giving of notice would defeat the purpose of entry.
3: The power in subsection (1) to enter a dwellinghouse must not be exercised unless—
a: the entry is authorised by a warrant given by an issuing officer (within the meaning of section 3 subpart 3
b: when exercising the power, the enforcement officer is accompanied by a constable
4: Subject to subsections (3)﻿(b) and (5), the provisions of Part 4
5: Despite subsection (4), sections 118 119 Section 172(3)﻿(a) amended 1 October 2012 section 271(5) Search and Surveillance Act 2012 Section 172(3)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 172(4) replaced 1 October 2012 section 271(6) Search and Surveillance Act 2012 Section 172(5) inserted 1 October 2012 section 271(6) Search and Surveillance Act 2012
173: Power of entry in cases of emergency
1: A local authority may, for the purpose of doing anything that it is authorised to do under this Act or any other enactment, enter occupied land or buildings without giving prior notice, if—
a: there is a sudden emergency causing or likely to cause—
i: loss of life or injury to a person; or
ii: damage to property; or
iii: damage to the environment; or
b: there is danger to any works or adjoining property.
2: The provisions of Part 4 subparts 2 3 sections 118 119
3: A local authority may also use the powers in subsection (1) for the purpose of accessing eligible infrastructure under the control of an SPV under the Infrastructure Funding and Financing Act 2020 1974 No 66 s 708A(3) Section 173(2) replaced 1 October 2012 section 271(7) Search and Surveillance Act 2012 Section 173(3) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
174: Authority to act
1: If an officer of a local authority or other person is authorised by this Act or another enactment to enter private land on behalf of the local authority, the local authority must provide a written warrant under the seal of the local authority as evidence that the person is so authorised.
2: The production of a warrant issued under subsection (1) is sufficient proof of a person's authorisation.
3: An authorised person must, if requested, produce the warrant provided under subsection (1) before entering private land under the authority.
4: An officer or other person must surrender to the local authority the warrant provided under subsection (1) if—
a: the officer's appointment is terminated; or
b: the authorisation referred to in subsection (1) is terminated.
5: This section does not apply to—
a: a dog control officer or dog ranger acting under a power of entry conferred by the Dog Control Act 1996
b: an enforcement officer acting under a power conferred by the Resource Management Act 1991
c: an inspector or authorised person acting under a power conferred by the Biosecurity Act 1993 1974 No 66 s 710 Recovery for damage
175: Power to recover for damage by wilful or negligent behaviour
A person who wilfully or negligently destroys, damages, stops, obstructs, or otherwise interferes with any works or property owned, constructed, acquired, or used by a local authority is liable for, as the case may be,—
a: the amount of the destruction or damage; or
b: the cost incurred by the local authority in removing the stoppage or obstruction; or
c: any loss or expenses incurred by the local authority by the stoppage or obstruction or interference. 1974 No 66 s 695
176: Costs of remedying damage arising from breach of bylaw
1: A person who has been convicted of an offence against a bylaw is liable to pay to the local authority concerned the costs of remedying any damage caused in the course of committing the offence.
2: The costs must be assessed by a District Court Judge and are recoverable
3: Costs recoverable under this section are in addition to any penalty for which the person who committed the offence is liable. 1974 No 66 s 493(2)–(4) Section 176(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Administration of enforcement functions
177: Appointment of enforcement officer
1: A local authority may appoint persons to be enforcement officers in the district or region of the local authority in relation to any offence under this Act, including, without limitation,—
a: offences against bylaws made under this Act:
b: infringement offences provided for by regulations made under section 259
2: A local authority must issue warrants in writing to enforcement officers appointed under this section, specifying—
a: the responsibilities and powers delegated to them; and
b: the infringement offences in relation to which they are appointed.
3: An enforcement officer must produce his or her warrant and evidence of identity whenever reasonably required to do so by any person.
4: Enforcement officers may exercise the power to seize an object under section 164 Powers of enforcement officers
178: Enforcement officers may require certain information
If an enforcement officer believes on reasonable grounds that a person is committing or has committed an offence under this Act, the officer may direct the person to give—
a: his or her name and address; and
b: the name and address and whereabouts of any other person connected in any way with the alleged offence. Administration of enforcement may be contracted out
179: Contracting out administration of enforcement
1: A local authority may contract out to any other local authority or other person the administration of its regulatory functions, including, without limitation, the operational aspects of enforcement, inspection, licensing, and other administrative matters.
2: If any aspects of the administration of bylaws or other regulatory functions of the local authority are contracted out under this section, the local authority retains responsibility for the manner in which those tasks are undertaken, including legal responsibility. Enforcement of regional council bylaws
180: Enforcement and administration of regional council bylaws
1: If a regional council has made a bylaw under subpart 1
2: If a bylaw is enforced and administered under subsection (1), fines imposed for breaches committed within the district must—
a: be dealt with by the territorial authority as if they were fines imposed for breaches of a bylaw of that territorial authority; and
b: subject to section 73 1974 No 66 s 687
3: Powers in relation to private land
Construction of works
181: Construction of works on private land
1: A local authority may construct works on or under private land or under a building on private land that it considers necessary for—
a: the supply by territorial authorities of water by means of reticulated systems:
b: the supply of water through water races:
c: trade wastes disposal:
d: land drainage and rivers clearance.
2: A territorial authority may construct works on or under private land or under a building on private land that it considers necessary for sewage and stormwater drainage.
3: A local authority or a territorial authority, as the case may be, must not exercise the power in subsection (1) or subsection (2) unless it has—
a: the prior written consent of the owner of the land to the construction of the work; or
b: complied with the requirements of Schedule 12
4: A local authority may enter the land to inspect, alter, renew, repair, or clean any work constructed under this section or under the corresponding provision of a former Act.
5: The power in subsection (4) must not be exercised without first giving reasonable notice of the intention to enter the land to the owner and occupier (if any).
6: This section applies subject to the Public Works Act 1981 1974 No 66 s 708 Section 181(1)﻿(a) substituted 7 July 2004 section 18 Local Government Act 2002 Amendment Act 2004 Powers of entry
182: Power of entry to check utility services
1: An enforcement officer of a local authority may enter any land or building (but not a dwellinghouse) for the purpose of ascertaining whether—
a: water supplied from any waterworks or water race to any land or building is being wasted or misused; or
b: any drainage works on any land are being misused; or
c: any appliance or equipment associated with a local authority utility service on the land is in a condition that makes it dangerous to life or property.
2: The power under subsection (1) may only be exercised if the enforcement officer—
a: believes on reasonable grounds that the circumstances in any of paragraph (a), paragraph (b), or paragraph (c) of that subsection exist; and
b: the local authority gives reasonable notice to the occupier of the land or building of the intention to exercise the power.
3: If an enforcement officer is refused entry or obstructed when exercising the power in subsection (1), the local authority may restrict the water supply to the land or building, as provided for in section 193 1974 No 66 s 709 Powers relating to owners and occupiers of land Heading repealed 1 July 2018 section 200 Fire and Emergency New Zealand Act 2017
183: Removal of fire hazards
Section 183 repealed 1 July 2018 section 200 Fire and Emergency New Zealand Act 2017
184: Rights and obligations if notice given under section 183(1)
Section 184 repealed 1 July 2018 section 200 Fire and Emergency New Zealand Act 2017 Default by owner or occupier
185: Occupier may act if owner of premises makes default
1: If an owner of premises defaults in doing any work required by or under this Act, the occupier of the premises, with the approval of the local authority, may do the work.
2: If the occupier of the premises does the work under subsection (1), or is compelled to do any work or pay any money that ought primarily to be done or paid by the owner of the premises,—
a: the occupier is entitled to be paid by the owner for the work done or money paid; and
b: the occupier may deduct the amount of the expense or the money paid from any rent due from the occupier to the owner. 1974 No 66 s 672
186: Local authority may execute works if owner or occupier defaults
1: This section applies if an owner or occupier of private premises is required to execute, provide, or do any works, materials, or things on, or in connection with, any premises or other matter, and—
a: the owner or occupier, after notice requiring him or her to do so, defaults in commencing to comply within the time specified in the notice or, if no time is specified in the notice, within a reasonable time; or
b: the work is certified in writing by an officer of the local
c: in either case, the owner or occupier does not proceed with the work with all reasonable expedition.
2: The local authority may, if it thinks fit,—
a: itself execute, provide, or do the works, materials, and things; and
b: recover from the owner or occupier as a debt the cost of doing so.
3: Money payable to the local authority under subsection (2) is recoverable from the owner or occupier, as the case may be, together with reasonable administration charges.
4: However, the person primarily liable under subsection (3) is the owner or occupier in default, as the case may be.
5: The local authority—
a: may destroy, sell, or otherwise dispose of any materials resulting from doing any work under this section; and
b: must apply the proceeds of sale towards payment of the amount payable under subsection (2)
6: The exercise of powers under this section by the local authority does not relieve any person from any penalty for failing to comply with the requirements of a notice under this Act.
7: Any work done or to be done by the local authority under this section is a public work for the purposes of the Public Works Act 1981 1974 No 66 s 676 Section 186(1)﻿(b) amended 27 November 2010 section 35(1) Local Government Act 2002 Amendment Act 2010 Section 186(5)﻿(b) amended 27 November 2010 section 35(2) Local Government Act 2002 Amendment Act 2010 Recovery of costs
187: Recovery of cost of works by local authority
If the default of a person in doing an act is an offence under this Act and the local authority or any officer of the local authority is authorised to do the act in default, the local authority may recover from the person in default the cost of doing the work, together with reasonable administrative and supervision charges. 1974 No 66 s 677
188: Liability for payments in respect of private land
If, under this Act or any other enactment, money paid for expenses incurred by the local authority in relation to private land is a charge on the land, the omission to register the charge does not affect—
a: the liability of the person who is liable to pay the amount; or
b: the rights of the local authority under the charge as against the person. 1974 No 66 s 678 Compulsory acquisition of land
189: Power to acquire land
1: A local authority may purchase, or take in the manner provided in the Public Works Act 1981
2: All land taken, purchased, or acquired under the Public Works Act 1981 1974 No 66 s 247F
190: Compensation payable by local authority for land taken or injuriously affected
1: This section applies to a person having an estate or interest in land—
a: taken under the authority of this Act for any public work; or
b: injuriously affected by any public work; or
c: suffering any damage from the exercise of any of the powers given by this Act.
2: A person is entitled to full compensation from the local authority for the matters referred to in subsection (1)﻿(a), (b), or (c) to the extent provided in the Public Works Act 1981
3: The compensation may be claimed and must be determined in the manner provided by the Public Works Act 1981 1974 No 66 s 247G Nuisance
191: Local authority not authorised to create nuisance
This subpart does not entitle a local authority—
a: to create a nuisance; or
b: to deprive the Crown or any person of any right or remedy the Crown or the person would otherwise have against the local authority or any other person in respect of any nuisance. 1974 No 66 s 247H
4: Powers in relation to water services and trade wastes
Water supply
192: Wastage of water
A person who is supplied with reticulated water by, or on behalf of, a local authority must not waste the water or allow it to be wasted. 1974 No 66 s 382
193: Power to restrict water supply
1: The water supply to a person's land or building may be restricted by a local government organisation in any manner it thinks fit if the person—
a: commits an offence against this subpart; or
b: fails or refuses to do anything required by this Part in respect of water, water pipes, waterworks, or water races; or
ba: fails to comply with any bylaw of a local authority that relates—
i: to water, water pipes, waterworks, water races, or water supply; and
ii: to the person's land or building; or
c: fails or refuses to do anything that he or she has undertaken or agreed to do in respect of the water supply to his or her land or building; or
d: refuses entry to, or obstructs, an enforcement officer under section 182
2: Restriction of the water supply under subsection (1) must not create unsanitary conditions in, or associated with, the land or building.
3: Restriction of the water supply under subsection (1) is subject to section 69S Section 193(1)﻿(ba) substituted 28 June 2006 section 21 Local Government Act 2002 Amendment Act 2006 Section 193(3) added 1 July 2008 section 16 Health (Drinking Water) Amendment Act 2007
194: Power to stop water services
Section 194 repealed 1 July 2008 section 17 Health (Drinking Water) Amendment Act 2007 Discharge of sewage and trade wastes
195: Discharge of sewage
1: The discharge of domestic sewage into a sewerage drain under the control of a local authority in accordance with the bylaws of the local authority, and the discharge of trade wastes into a sewerage drain in accordance with trade wastes bylaws, is not a breach of—
a: this Act; or
b: the Resource Management Act 1991
c: the Building Act 2004
2: However, this section does not absolve a local authority from liability for the discharge, in contravention of this Part or of the Resource Management Act 1991
3: The Minister of Health may, by notice in the Gazette 1974 No 66 s 498 Section 195(1)﻿(c) amended 31 March 2005 section 414 Building Act 2004
196: Discharge of trade wastes
1: The occupier of trade premises within the district of a territorial authority may discharge into the sewerage drains under the control of the territorial authority trade wastes proceeding from those premises either—
a: with the consent of the territorial authority; or
b: without consent if, and to the extent that, the discharge is permitted by trade wastes bylaws.
2: This section does not override any trade wastes bylaws, or the Resource Management Act 1991 1974 No 66 s 499
5: Development contributions
197AA: Purpose of development contributions
The purpose of the development contributions provisions in this Act is to enable territorial authorities to recover from those persons undertaking development a fair, equitable, and proportionate portion of the total cost of capital expenditure necessary to service growth over the long term. Section 197AA inserted 8 August 2014 section 50 Local Government Act 2002 Amendment Act 2014
197AB: Development contributions principles
1: All persons exercising duties and functions under this subpart must take into account the following principles when preparing a development contributions policy under section 106 section 198
a: development contributions should only be required if the effects or cumulative effects of developments will create or have created a requirement for the territorial authority to provide or to have provided new or additional assets or assets of increased capacity:
b: development contributions should be determined in a manner that is generally consistent with the capacity life of the assets for which they are intended to be used and in a way that avoids over-recovery of costs allocated to development contribution funding:
c: cost allocations used to establish development contributions should be determined according to, and be proportional to, the persons who will benefit from the assets to be provided (including the community as a whole) as well as those who create the need for those assets:
d: development contributions must be used—
i: for or towards the purpose of the activity or the group of activities for which the contributions were required; and
ii: for the benefit of the district or the part of the district that is identified in the development contributions policy in which the development contributions were required:
e: territorial authorities should make sufficient information available to demonstrate what development contributions are being used for and why they are being used:
f: development contributions should be predictable and be consistent with the methodology and schedules of the territorial authority’s development contributions policy under sections 106 201 202
g: when calculating and requiring development contributions, territorial authorities may group together certain developments by geographic area or categories of land use, provided that—
i: the grouping is done in a manner that balances practical and administrative efficiencies with considerations of fairness and equity; and
ii: grouping by geographic area avoids grouping across an entire district wherever practical.
2: In subsection (1)﻿(a), assets section 90 Section 197AB inserted 8 August 2014 section 50 Local Government Act 2002 Amendment Act 2014 Section 197AB(2) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
197: Interpretation
1: In this subpart and Schedule 13 allotment section 218(2) capital expenditure section 90 development
a: any subdivision , building (as defined in section 8
b: does not include the pipes or lines of a network utility operator methodology Schedule 13 network utility operator section 166
2: In this Act, unless the context otherwise requires,— accommodation units community facilities section 199 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 development agreement sections 207A to 207F development contribution
a: provided for in a development contribution policy of a territorial authority; and
b: calculated in accordance with the methodology; and
c: comprising—
i: money; or
ii: land, including a reserve or esplanade reserve (other than in relation to a subdivision consent), but excluding Māori land within the meaning of Te Ture Whenua Maori Act 1993
iii: both development contribution objection clause 1 development contribution policy section 102(1) development contributions commissioner section 199F network infrastructure objector resource consent section 2(1) section 127 service connection Section 197(1) amended 28 June 2006 section 22(1) Local Government Act 2002 Amendment Act 2006 Section 197(1) capital expenditure inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 197(1) community facilities repealed 5 December 2012 section 30(1) Local Government Act 2002 Amendment Act 2012 Section 197(1) community infrastructure repealed 5 December 2012 section 30(1) Local Government Act 2002 Amendment Act 2012 Section 197(1) development amended 8 August 2014 section 51(1) Local Government Act 2002 Amendment Act 2014 Section 197(1) development contribution repealed 5 December 2012 section 30(1) Local Government Act 2002 Amendment Act 2012 Section 197(1) development contribution policy repealed 5 December 2012 section 30(1) Local Government Act 2002 Amendment Act 2012 Section 197(1) network infrastructure repealed 5 December 2012 section 30(1) Local Government Act 2002 Amendment Act 2012 Section 197(1) service connection repealed 5 December 2012 section 30(1) Local Government Act 2002 Amendment Act 2012 Section 197(2) inserted 5 December 2012 section 30(2) Local Government Act 2002 Amendment Act 2012 Section 197(2) accommodation units inserted 8 August 2014 section 51(3) Local Government Act 2002 Amendment Act 2014 Section 197(2) community infrastructure replaced 14 May 2019 section 11 Local Government (Community Well-being) Amendment Act 2019 Section 197(2) development agreement inserted 8 August 2014 section 51(3) Local Government Act 2002 Amendment Act 2014 Section 197(2) development contribution objection inserted 8 August 2014 section 51(3) Local Government Act 2002 Amendment Act 2014 Section 197(2) development contributions commissioner inserted 8 August 2014 section 51(3) Local Government Act 2002 Amendment Act 2014 Section 197(2) objector inserted 8 August 2014 section 51(3) Local Government Act 2002 Amendment Act 2014 Section 197(2) resource consent inserted 8 August 2014 section 51(3) Local Government Act 2002 Amendment Act 2014 Contributions may be required by territorial authorities
198: Power to require contributions for developments
1: A territorial authority may require a development contribution to be made to the territorial authority when
a: a resource consent is granted under the Resource Management Act 1991
b: a building consent is granted under the Building Act 2004 authority):
c: an authorisation for a service connection is granted.
2: A territorial authority may only require the development contribution section 102(1) section 201
2A: For the purposes of subsection (2), a development contribution must be consistent with the content of the policy adopted under section 102(1)
3: A requirement for a development contribution under subsection (1)﻿(a) or (1)﻿(b) is not—
a: a condition of a resource consent that gives rise to any right of objection or appeal; or
b: as the case may be, a matter that gives rise to any right to apply to the chief executive for a determination under the Building Act 2004
4: Subsection (3) is for the avoidance of doubt.
4A: If a development contribution policy provides for a development contribution under subsection (1)﻿(b), the territorial authority may require that development contribution to be made when granting a certificate of acceptance under section 98
4B: Subsection (4C) applies if Kāinga Ora–Homes and Communities is responsible for granting the consent, authorisation, or certificate referred to in subsection (1) or (4A).
4C: Kāinga Ora–Homes and Communities may, as appropriate and by agreement with the local authority, exercise the power under the relevant subsection on the local authority's behalf.
5: In this section,— building consent authority section 273(1)﻿(a) chief executive section 7 Section 198(1) substituted 31 March 2005 section 414 Building Act 2004 Section 198(1) amended 28 June 2006 section 23(1) Local Government Act 2002 Amendment Act 2006 Section 198(1)﻿(b) amended 28 June 2006 section 23(2) Local Government Act 2002 Amendment Act 2006 Section 198(2) amended 8 August 2014 section 52(1) Local Government Act 2002 Amendment Act 2014 Section 198(2) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 198(2A) inserted 8 August 2014 section 52(2) Local Government Act 2002 Amendment Act 2014 Section 198(3) substituted 28 June 2006 section 23(3) Local Government Act 2002 Amendment Act 2006 Section 198(4) added 28 June 2006 section 23(3) Local Government Act 2002 Amendment Act 2006 Section 198(4A) inserted 8 August 2014 section 52(3) Local Government Act 2002 Amendment Act 2014 Section 198(4B) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 198(4C) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 198(5) added 28 June 2006 section 23(3) Local Government Act 2002 Amendment Act 2006
198A: Restrictions on power to require contributions for reserves
Section 198A repealed 14 May 2019 section 12 Local Government (Community Well-being) Amendment Act 2019
199: Basis on which development contributions may be required
1: Development contributions may be required in relation to developments if the effect of the developments is to require new or additional assets or assets of increased capacity and, as a consequence, the territorial authority incurs capital expenditure to provide appropriately for—
a: reserves:
b: network infrastructure:
c: community infrastructure.
2: This section does not prevent a territorial authority from requiring a development contribution that is to be used to pay, in full or in part, for capital expenditure already incurred by the territorial authority in anticipation of development
3: In subsection (1), effect other developments Section 199(2) amended 8 August 2014 section 54(1) Local Government Act 2002 Amendment Act 2014 Section 199(3) amended 8 August 2014 section 54(2) Local Government Act 2002 Amendment Act 2014
199A: Right to reconsideration of requirement for development contribution
1: If a person is required by a territorial authority to make a development contribution under section 198
a: the development contribution was incorrectly calculated or assessed under the territorial authority’s development contributions policy; or
b: the territorial authority incorrectly applied its development contributions policy; or
c: the information used to assess the person’s development against the development contributions policy, or the way the territorial authority has recorded or used it when requiring a development contribution, was incomplete or contained errors.
2: A request for a reconsideration must be lodged and decided according to the procedure set out in a development contributions policy under section 202A(2)
3: A request for a reconsideration must be made within 10 working days after the date on which the person lodging the request receives notice from the territorial authority of the level of development contribution that the territorial authority requires.
4: A person may not apply for a reconsideration of a requirement if the person has already lodged an objection to that requirement under section 199C Schedule 13A Section 199A inserted 8 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199B: Territorial authority to notify outcome of reconsideration
1: The territorial authority must, within 15 working days after the date on which it receives all required relevant information relating to a request, give written notice of the outcome of its reconsideration to the person who made the request.
2: A person who requested a reconsideration may object to the outcome of the reconsideration in accordance with section 199C Section 199B inserted 8 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199C: Right to object to assessed amount of development contribution
1: A person may, on any ground set out in section 199D section 198
a: a notice given to the person for that purpose by the territorial authority; or
b: if notice has not been given, such other formal advice of the requirement that the territorial authority has given to the person.
2: The right of objection conferred by subsection (1) applies irrespective of whether a reconsideration of the requirement for a development contribution under section 199A
3: The right of objection conferred by this section does not apply to challenges to the content of a development contributions policy prepared in accordance with section 102 Section 199C inserted 7 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199D: Scope of development contribution objections
An objection under section 199C
a: failed to properly take into account features of the objector's development that, on their own or cumulatively with those of other developments, would substantially reduce the impact of the development on requirements for community facilities in the territorial authority's district or parts of that district; or
b: required a development contribution for community facilities not required by, or related to, the objector’s development, whether on its own or cumulatively with other developments; or
c: required a development contribution in breach of section 200
d: incorrectly applied its development contributions policy to the objector’s development. Section 199D inserted 7 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199E: Procedure for development contribution objections
Schedule 13A section 199C Section 199E inserted 7 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199F: Appointment and register of development contributions commissioners
1: The Minister must appoint suitable persons as approved development contributions commissioners who are to decide development contribution objections.
2: The Minister must compile and keep a register of approved development contributions commissioners.
3: The Minister must ensure that the persons named in the register individually or collectively have—
a: knowledge and experience in adjudication and mediation, including the conduct of hearings or inquiries; and
b: knowledge, skills, and experience relevant to the subject matter likely to arise in an objection; and
c: knowledge of tikanga Māori.
4: The Minister may, by notice in the Gazette
5: Before compiling the register or specifying additional appointment criteria, the Minister must consult persons that the Minister considers are representative of parties that are most likely to be participants in development contribution objections.
6: The term of appointment for a development contributions commissioner on the register expires—
a: 3 years after the date on which his or her appointment takes effect; or
b: at the close of the term of his or her reappointment; or
c: at the close of the extension of his or her term; or
d: as soon after the completion of his or her term of appointment or reappointment as is necessary to enable him or her to complete any outstanding work, but not later than the notification of his or her final decision as a commissioner.
7: The Minister must notify all appointments of approved development contributions commissioners in the Gazette Section 199F inserted 8 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199G: Removal of development contributions commissioners
The Minister may remove any development contributions commissioner from the register kept under section 199F
a: because of the criminal activity or other misconduct of the commissioner; or
b: if the commissioner is unable to perform the functions of office; or
c: if the commissioner has neglected his or her duty. Section 199G inserted 8 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199H: Who may decide development contribution objections
1: Any person named in the register of approved development contributions commissioners and selected by a territorial authority in accordance with clause 3
2: A person who is not named in the register of approved development contributions commissioners may hear and decide a development contribution objection only if—
a: the territorial authority is satisfied that—
i: the objection relates to matters that require skills or knowledge that is not available from persons named in the register who are available to deal with the objection; and
ii: another suitable person with such skills or knowledge is available to deal with the objection; and
b: the Minister approves the territorial authority's selection of that other person to decide the objection.
3: A person approved by the Minister under subsection (2)﻿(b) must be treated as a development contributions commissioner for the period necessary to enable the person to decide the relevant objection. Section 199H inserted 8 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199I: Development contribution objection hearings
1: The applicable fees and allowances for a witness appearing at a development contribution objection hearing must be paid by the party on whose behalf the witness is called.
2: Before or at the hearing, a development contributions commissioner may request the objector or territorial authority to provide further information.
3: If information is requested before a hearing under subsection (2), the party required to provide the information must serve copies of it on the other parties to the objection.
4: Only the territorial authority and the objector have a right to be heard at the hearing of an objection. The commissioners may, at their discretion, invite any other person or organisation to attend and be heard to the extent allowed by the commissioners.
5: Part 2 Section 199I inserted 8 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199J: Consideration of development contribution objection
When considering a development contribution objection and any evidence provided in relation to that objection, development contributions commissioners must give due consideration to the following:
a: the grounds on which the development contribution objection was made:
b: the purpose and principles of development contributions under sections 197AA 197AB
c: the provisions of the development contributions policy under which the development contribution that is the subject of the objection was, or is, required:
d: the cumulative effects of the objector’s development in combination with the other developments in a district or parts of a district, on the requirement to provide the community facilities that the development contribution is to be used for or toward:
e: any other relevant factor associated with the relationship between the objector’s development and the development contribution to which the objection relates. Section 199J inserted 8 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199K: Additional powers of development contributions commissioners
1: In addition to his or her powers under section 199I Schedule 13A
a: to direct the order of business at the hearing, including the order in which evidence is presented and parties heard:
b: to direct that evidence presented at the hearing be taken as read or presented within a stated time limit:
c: to direct that evidence be limited to the matters relevant to the dispute.
2: Whether or not a hearing is held, a development contributions commissioner may direct that briefs of evidence be provided within a specified period ending not later than,—
a: if a hearing is to be held, 10 working days before the hearing commences; or
b: in any other case, 10 working days before the date on which the commissioner or commissioners intend to begin their consideration of the objection.
3: A development contributions commissioner may waive or extend any period specified in this section or Schedule 13A clause 1(1)
4: A development contributions commissioner may, on his or her own initiative or on application from the objector or the territorial authority, make an order that prohibits the communication or publication of any information supplied to the commissioner, or obtained by the commissioner, in the course of deciding a development contribution objection, if satisfied that the order is necessary to avoid—
a: serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; or
b: the disclosure of a trade secret or commercial information that, if released, would be prejudicial to the business or operations of any party to the objection. Section 199K inserted 8 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199L: Liability of development contributions commissioners
A development contributions commissioner is not liable for anything the commissioner does, or omits to do, in good faith in performing or exercising the functions, duties, responsibilities, and powers of a development contributions commissioner under this Act. Section 199L inserted 8 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199M: Residual powers of territorial authority relating to development contribution objection decision
1: This section applies to a decision of a development contributions commissioner.
2: The territorial authority affected by the decision retains all the functions, duties, responsibilities, and powers of a territorial authority in relation to the requirement for the development contribution that is the subject of the decision as if the decision had been made by the territorial authority.
3: Subsection (2) does not confer on a territorial authority the power to change, amend, or overturn a decision made by a development contributions commissioner.
4: However, nothing in subsection (3) affects a territorial authority's right to apply for judicial review of a decision made by a development contributions commissioner. Section 199M inserted 7 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199N: Objector’s right to apply for judicial review unaffected
Nothing in this subpart affects the right of an objector to a development contribution to apply for judicial review of a decision made by a development contributions commissioner. Section 199N inserted 7 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199O: Territorial authority to provide administrative support for development contributions commissioners
A territorial authority must supply all secretarial and administrative services necessary to enable development contributions commissioners to perform their functions under this Act. Section 199O inserted 7 August 2014 section 55 Local Government Act 2002 Amendment Act 2014
199P: Interim effect of development contribution objection
1: If a development contribution objection is lodged, the territorial authority may still require the development contribution to be made, but must not use it until the objection has been determined.
2: If a territorial authority does not require a development contribution to be made pending the determination of an objection, the territorial authority may withhold certificates or permissions in accordance with section 208 Section 199P inserted 7 August 2014 section 55 Local Government Act 2002 Amendment Act 2014 Conditions relevant to requirement for contributions
200: Limitations applying to requirement for development contribution
1: A territorial authority must not require a development contribution for a reserve, network infrastructure, or community infrastructure if, and to the extent that—
a: it has, under section 108(2)﻿(a)
b: the developer will fund or otherwise provide for the same reserve, network infrastructure, or community infrastructure; or
ba: the territorial authority has already required a development contribution for the same purpose in respect of the same building work, whether on the granting of a building consent or a certificate of acceptance; or
c: a third party has funded or provided, or undertaken to fund or provide, the same reserve, network infrastructure, or community infrastructure.
2: This subpart does not prevent a territorial authority from accepting from a person, with that person's agreement, additional contributions for reserves, network infrastructures, or community infrastructures.
3: This section does not prevent a territorial authority from requiring a development contribution if—
a: income from the following is being used or will be used to meet a proportion of the capital costs of the community facilities for which the development contribution will be used:
i: rates:
ii: fees and charges:
iii: interest and dividends from investments:
iv: borrowings:
v: proceeds from asset sales
vi: regional fuel tax; or
b: a person required to make the development contribution is also a ratepayer in the territorial authority’s district or has paid or will pay fees or charges in respect of the facilities.
4: Despite subsection (1)﻿(ba), a territorial authority may require another development contribution to be made for the same purpose if the further development contribution is required to reflect an increase in the scale or intensity of the development since the original contribution was required.
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). Section 200(1)﻿(ba) inserted 8 August 2014 section 56(1) Local Government Act 2002 Amendment Act 2014 Section 200(1)﻿(c) replaced 8 August 2014 section 56(2) Local Government Act 2002 Amendment Act 2014 Section 200(3) inserted 8 August 2014 section 56(3) Local Government Act 2002 Amendment Act 2014 Section 200(3)﻿(a)﻿(v) amended 27 June 2018 section 10(3) Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 200(3)﻿(a)﻿(vi) inserted 27 June 2018 section 10(4) Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 200(4) inserted 8 August 2014 section 56(3) Local Government Act 2002 Amendment Act 2014 Section 200(5) inserted 14 May 2019 section 13 Local Government (Community Well-being) Amendment Act 2019 Section 200(6) inserted 14 May 2019 section 13 Local Government (Community Well-being) Amendment Act 2019 Section 200(7) inserted 14 May 2019 section 13 Local Government (Community Well-being) Amendment Act 2019 Section 200(8) inserted 14 May 2019 section 13 Local Government (Community Well-being) Amendment Act 2019 Section 200(9) inserted 14 May 2019 section 13 Local Government (Community Well-being) Amendment Act 2019 Section 200(10) inserted 14 May 2019 section 13 Local Government (Community Well-being) Amendment Act 2019 Development contributions policy
201: Contents of development contributions policy
1: If a territorial authority has determined to seek funding for community facilities under this subpart, the policy required by section 102(1) section 106
a: an explanation of, and justification for, the way each development contribution in the schedule required by subsection (2) is calculated; and
b: the significant assumptions underlying the calculation of the schedule of development contributions, including an estimate of the potential effects, if there is a significant level of uncertainty as to the scope and nature of the effects; and
c: the conditions and criteria (if any) that will apply in relation to the remission, postponement, or refund of development contributions, or the return of land; and
d: the basis on which the value of additional allotments or land is assessed for the purposes of section 203(1)
2: A development contributions policy must contain a schedule in accordance with section 202 Section 201(1) amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010
201A: Schedule of assets for which development contributions will be used
1: If a territorial authority has determined to seek funding for community facilities under this subpart, the policy required by section 102 sections 106 201
a: each new asset, additional asset, asset of increased capacity, or programme of works for which the development contributions requirements set out in the development contributions policy are intended to be used or have already been used; and
b: the estimated capital cost of each asset described in paragraph (a); and
c: the proportion of the capital cost that the territorial authority proposes to recover through development contributions; and
d: the proportion of the capital cost that the territorial authority proposes to recover from other sources; and
e: if the asset is eligible infrastructure that has been, or is intended to be, transferred by a responsible SPV to a responsible infrastructure authority under section 90
2: For the purposes of subsection (1), assets for which development contributions are required can be grouped together into logical and appropriate groups of assets that reflect the intended or completed programmes of works or capacity expansion.
3: A schedule under subsection (1) must also include assets for which capital expenditure has already been incurred by a territorial authority in anticipation of development.
4: Information in the schedule under subsection (1) must group assets according to the district or parts of the district for which the development contribution is required, and by the activity or group of activities for which the development contribution is required.
5: A territorial authority may make changes to the schedule required by subsection (1) at any time without consultation or further formality, but only if—
a: the change is being made to reflect a change of circumstances in relation to an asset that is listed in the schedule or is to be added to the schedule; and
b: the change does not increase the total or overall development contribution that will be required to be made to the territorial authority.
6: If the territorial authority is satisfied that the schedule or any part of it is too large or impractical to print in hard copy form, the territorial authority may—
a: provide the schedule in a publicly accessible electronic format; and
b: provide and maintain an electronic link from the development contributions policy to the schedule (if the policy is on the Internet) or state where a hard copy of the schedule can be found and inspected.
7: Subject to sections 204 205 206
a: the assets are for the same general function and purpose as those that were set out in the schedule required under subsection (1) as at the time the development contribution was required; and
b: the schedule required by subsection (1) has been updated in accordance with subsection (5), or will be updated when the development contributions policy is next changed or reviewed, to identify the assets that the development contribution has been, or is intended to be, used for or towards. Section 201A inserted 8 August 2014 section 57 Local Government Act 2002 Amendment Act 2014 Section 201A(1)﻿(e) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
202: Contents of
section 201 schedule
1: The schedule of development contributions required by section 201(2)
a: the development contributions payable in each district, calculated, in each case, in accordance with the methodology in respect of—
i: reserves; and
ii: network infrastructure; and
iii: community infrastructure; and
b: the event that will give rise to a requirement for a development contribution under section 198
i: a resource consent under the Resource Management Act 1991
ii: a building consent under the Building Act 2004
iii: an authorisation for a service connection.
2: If different development contributions are payable in different parts of the district, subsection (1) applies in relation to the parts of the district.
3: The specifications required under subsection (1) or subsection (2) must be given separately in relation to each activity or group of activities for which separate development contributions are required. Section 202 heading amended 8 August 2014 section 58 Local Government Act 2002 Amendment Act 2014 Section 202(1)﻿(b)﻿(ii) amended 31 March 2005 section 414 Building Act 2004
202A: Reconsideration process to be in development contributions policy
1: If a territorial authority has determined to seek funding for community facilities under this subpart, the policy required by section 102 sections 106 201 to 202 section 259(1)﻿(e) or (f) section 199A
2: The process for reconsideration must set out—
a: how the request can be lodged with the territorial authority; and
b: the steps in the process that the territorial authority will apply when reconsidering the requirement to make a development contribution. Section 202A inserted 8 August 2014 section 59 Local Government Act 2002 Amendment Act 2014
203: Maximum development contributions not to be exceeded
1: Development contributions for reserves must not exceed the greater of—
a: 7.5% of the value of the additional allotments created by a subdivision; and
b: the value equivalent of 20 square metres of land for each additional household unit or accommodation unit
2: Development contributions for network infrastructure or community infrastructure must not exceed the amount calculated by multiplying the cost of the relevant unit of demand calculated under clause 1 clause 2 , and as amended for any Producers Price Index adjustment adopted in a development contributions policy in accordance with section 106(2B) Section 203(1)﻿(b) amended 8 August 2014 section 60(1) Local Government Act 2002 Amendment Act 2014 Section 203(2) amended 8 August 2014 section 60(2) Local Government Act 2002 Amendment Act 2014 Use of development contributions
204: Use of development contributions by territorial authority
1: A development contribution—
a: must be used for, or towards, the capital expenditure of the reserve, network infrastructure, or community infrastructure for which the contribution was required, which may also include the development of the reserve, network infrastructure, or community infrastructure; but
b: must not be used for the maintenance of the reserve, network infrastructure, or community infrastructure.
2: Subsection (1) is subject to section 205
205: Use of development contributions for reserves
A territorial authority must use a development contribution received for reserves purposes for the purchase or development of reserves within its district, which may include—
a: the development of community or recreational facilities associated with the use of a reserve:
b: the provision or improvement of recreational facilities at a school established or about to be established under subpart 6
i: a licence has been granted under section 6A
ii: the Minister for Sport and Recreation has notified the local authority in writing that he or she is satisfied that the licence provides for the reasonable use of the community recreational facilities by members of the public:
c: the purchase of land or an interest in land—
i: to be held for conservation purposes under the Reserves Act 1977
ii: that is, or will be, subject to a conservation covenant under section 77
d: payment, on terms and conditions the territorial authority thinks fit, to—
i: another local authority or public body in which land in the district is vested to enlarge, enhance, or develop the land for public recreation purposes:
ii: the administering body of a reserve held under the Reserves Act 1977
iii: the trustees or body corporate in whom is vested a Māori reservation to which section 340
iv: any person, to secure an appropriate interest in perpetuity in land for conservation purposes. Section 205(b) amended 1 August 2020 section 668 Education and Training Act 2020 Section 205(b)﻿(i) amended 1 August 2020 section 668 Education and Training Act 2020
206: Alternative uses of development contributions for reserves
Despite sections 197AB(d) 205
a: to add to, improve, or develop land outside the district that is vested in, or controlled by, the territorial authority for public recreation purposes:
b: with the consent of the Minister and subject to the terms and conditions the Minister thinks fit, to make payments or advance money to a local authority or public body to add to, improve, or develop land outside the district that is vested in, or controlled by, the local authority or public body for public recreation purposes:
c: if the territorial authority has control of the foreshore or the bed of a lake or a harbour under a coastal permit by virtue of section 384(1)﻿(b) section 425(3)﻿(a)
i: to improve or develop the foreshore (whether within or outside the district) for public recreational purposes:
ii: to erect, improve, or develop for public recreational purposes—
A: the bed of the harbour or of the sea immediately contiguous to the foreshore; or
B: the bed of a lake (whether within or outside the district). Section 206 amended 8 August 2014 section 61 Local Government Act 2002 Amendment Act 2014
207: Power to use money collected and held under Local Government Act 1974 or Resource Management Act 1991
1: This section applies to money collected—
a: as contributions under Part 20
b: as contributions under sections 407 409
2: If, at the commencement of this subpart, a territorial authority holds money to which this section applies, the territorial authority may, with the written approval of the Minister, use the money as if it had been collected in accordance with this subpart,—
a: in the case of money collected under Part 20
b: in the case of money collected under sections 407 409 Development agreements Heading inserted 8 August 2014 section 62 Local Government Act 2002 Amendment Act 2014
207A: Request to enter development agreement
1: A territorial authority may enter into a development agreement with a developer if—
a: the developer has requested in writing that the territorial authority enter into a development agreement with the developer; or
b: the territorial authority has requested in writing that the developer enter into a development agreement with the territorial authority.
2: This section does not limit section 12 Section 207A inserted 8 August 2014 section 62 Local Government Act 2002 Amendment Act 2014
207B: Response to request for development agreement
1: A territorial authority that receives a written request from a developer to enter into a development agreement must consider that request without unnecessary delay.
2: The territorial authority may—
a: accept the request in whole or in part subject to any amendments agreed to by the territorial authority and the developer; or
b: decline the request.
3: The territorial authority must provide the developer who made the request with a written notice of its decision and the reasons for its decision.
4: A developer who receives a request from a territorial authority to enter into a development agreement may, in a written response to the territorial authority,—
a: accept the request in whole or in part subject to any amendments agreed to by the territorial authority and the developer; or
b: decline the request. Section 207B inserted 8 August 2014 section 62 Local Government Act 2002 Amendment Act 2014
207C: Content of development agreement
1: A development agreement must be in writing and be signed by all parties that are to be bound by the agreement.
2: A development agreement must include—
a: the legal name of the territorial authority that will be bound by the agreement; and
b: the legal name of the developer that will be bound by the agreement; and
c: a description of the land to which the agreement will relate, including its legal description and, if applicable,—
i: the street address of the land; and
ii: other identifiers of the location of the land, its boundaries, and extent; and
d: details of the infrastructure (if any) that each party to the agreement will provide or pay for.
3: A development agreement may also include, without limitation, information relating to all or any of the following:
a: a description of the development to which the agreement will relate:
b: when infrastructure will be provided, including whether the infrastructure will be provided in stages:
c: who will own, operate, and maintain the infrastructure being provided:
d: the timing and arrangements of any vesting of infrastructure:
e: the mechanism for the resolution of disputes under the agreement:
f: the arrangements for, and timing of, any transfer of land between the territorial authority and the developer:
g: the nature, amount, and timing of any monetary payments to be made between the parties to the agreement:
h: the enforcement of the development agreement by a suitable means in the event of a breach, including, but not limited to,—
i: a guarantee; or
ii: a bond; or
iii: a memorandum of encumbrance. Section 207C inserted 8 August 2014 section 62 Local Government Act 2002 Amendment Act 2014
207D: Effect of development agreement
1: A development agreement is a legally enforceable contract.
2: A development agreement has no force until all parties that will be bound by the agreement have signed it.
3: A development agreement does not oblige a territorial authority or any other consent authority to—
a: grant a resource consent under the Resource Management Act 1991
b: issue a building consent under the Building Act 2004
c: issue a code compliance certificate under the Building Act 2004
d: grant a certificate under section 224
e: grant an authorisation for a service connection.
4: A territorial authority or other consent authority must not refuse to grant or issue a consent, certificate, or authorisation (as the case may be) referred to in subsection (3) on the basis that a development agreement has not been entered into.
5: If there is any conflict between the content of a development agreement and the application of a relevant development contributions policy in relation to that agreement, the content of the development agreement prevails. Section 207D inserted 8 August 2014 section 62 Local Government Act 2002 Amendment Act 2014
207E: Restrictions on use of development agreement
1: A development agreement must not require a developer to provide—
a: infrastructure of a nature or type for which the developer would not otherwise have been required to make a development contribution; or
b: infrastructure of a higher standard than that which would have been provided for if the developer had been required to make a development contribution; or
c: infrastructure of a scale that would exceed the infrastructure that would otherwise have been provided for if the developer had been required to make a development contribution.
2: However, a developer may agree to provide infrastructure of a nature or scale that is additional to, of greater capacity than, or of a different type to the infrastructure that would have been provided if the developer had been required to make a development contribution. Section 207E inserted 8 August 2014 section 62 Local Government Act 2002 Amendment Act 2014
207F: Amendment or termination of development agreement
1: A development agreement may be amended at any time through mutual agreement of all parties who are signatories to the agreement.
2: A development agreement terminates—
a: on a date set out in the development agreement; or
b: on the date on which all actions, undertakings, or obligations that were agreed to by each of the signatories to the agreement have been fulfilled; or
c: on a date mutually agreed in writing by all parties that are signatories to the agreement. Section 207F inserted 8 August 2014 section 62 Local Government Act 2002 Amendment Act 2014 Powers to recover unpaid development contributions
208: Powers of territorial authority if development contributions not paid or made
1: Until a development contribution required in relation to a development has been paid or made under section 198
a: in the case of a development contribution required under section 198(1)﻿(a)
i: withhold a certificate under section 224(c)
ii: prevent the commencement of a resource consent under the Resource Management Act 1991
b: in the case of a development contribution required under section 198(1)﻿(b) section 95
ba: in the case of a development contribution required under section 198(4A) section 99
c: in the case of a development contribution required under section 198(1)﻿(c)
d: in each case, register the development contribution under subpart 5
2: Subsection (3) applies if Kāinga Ora–Homes and Communities is responsible for granting the consent, authorisation, or certificate to which an action described in any of paragraphs (a) to (c) of subsection (1) relates.
3: Kāinga Ora–Homes and Communities may, as appropriate and by agreement with the local authority, exercise the power under the relevant paragraph on the local authority's behalf. Section 208(1)﻿(b) amended 31 March 2005 section 414 Building Act 2004 Section 208(1)﻿(ba) inserted 8 August 2014 section 63 Local Government Act 2002 Amendment Act 2014 Section 208(1)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 208(2) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 208(3) inserted 7 August 2020 section 300 Urban Development Act 2020 Refund of development contributions
209: Refund of money and return of land if development does not proceed
1: A territorial authority must refund or return to the consent holder or to his or her personal representative a development contribution paid or land set aside under this subpart if—
a: the resource consent—
i: lapses under section 125
ii: is surrendered under section 138
b: the building consent lapses under section 52
c: the development or building in respect of which the resource consent or building consent was granted does not proceed; or
d: the territorial authority does not provide the reserve, network infrastructure, or community infrastructure for which the development contribution was required.
2: A territorial authority may retain any portion of a development contribution or land referred to in subsection (1) of a value equivalent to the costs incurred by the territorial authority in relation to the development or building and its discontinuance. Section 209(1)﻿(b) amended 31 March 2005 section 414 Building Act 2004
210: Refund of money or return of land if not applied to specified reserve purposes
1: If a development contribution has been required for a specified reserve purpose, a territorial authority must—
a: refund money received for that purpose, if the money is not applied to that purpose within 10 years after the authority receives the money or other period specified in the development contribution policy; or
b: return land acquired for the specified reserve purpose, if the authority does not use the land for that purpose within 10 years after the authority acquires the land or other period agreed by the territorial authority and the person who paid the development contribution.
2: A territorial authority may retain part of the money or land referred to in subsection (1) of a value equivalent to the costs of the authority in refunding the money or returning the land.
211: Application of other Acts
This subpart is in addition to the Building Act 2004 Resource Management Act 1991 Section 211 amended 31 March 2005 section 414 Building Act 2004
6: Removal orders
212: Interpretation
In sections 215 to 221 Schedule 14 alter applicant constable section 215 controlled drug section 2(1) court means the District Court crime involving dishonesty section 2(1) plan section 2(1) proceeds proposed plan section 2(1) removal order order section 216 respondent serious offence tainted property
a: property used to commit, or to facilitate the commission of, a serious offence:
b: proceeds unauthorised weapon
a: means an article made or altered for use, or capable of being used, for causing bodily injury; and
b: includes, in respect of an offence against the Arms Act 1983 imprisonable
i: a firearm, airgun, pistol, prohibited firearm, prohibited magazine, restricted weapon, or explosive, as those terms are defined in the Arms Act 1983
ii: any ammunition. 1974 No 66 s 692ZC Section 212 applicant amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 212 court amended 1 March 2017 section 261 District Court Act 2016 Section 212 unauthorised weapon amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 212 unauthorised weapon replaced 12 April 2019 section 73 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Application of rules of court
213: Application of
District Court
1: Despite section 247 section 215 Subpart 4 subsection (2) or section 214
2: In addition to all the powers conferred by the District Court Act 2016
a: regulating the practice and procedure of the District Court in proceedings relating to an application for a removal order; and
b: providing for the matters contemplated by, or necessary for giving full effect to, sections 215 to 221 Schedule 14
3: Rules made under the District Court Act 2016 District Court Rules 2014
4: In the absence of rules made under the District Court Act 2016 District Court Rules 2014 sections 215 to 221 1974 No 66 ss 692ZD(6) 692ZN Section 213 heading amended 1 March 2017 section 261 District Court Act 2016 Section 213(1) amended 1 March 2017 section 261 District Court Act 2016 Section 213(2) amended 1 March 2017 section 261 District Court Act 2016 Section 213(3) amended 1 March 2017 section 261 District Court Act 2016 Section 213(4) amended 1 March 2017 section 261 District Court Act 2016
214: Scope of rules made under section 213
Without limiting section 213(2) the District Court Act 2016
a: prescribe the procedure for serving a removal order, notice, and other documents for the purposes of sections 215 to 221 Schedule 14
b: provide for substituted service, and for service to be dispensed with, in the circumstances that are specified in the rules:
c: prescribe the circumstances and, if applicable, the manner in which persons entitled to object to a removal order may be served with a copy of notices of objection or other notices or documents in the proceedings:
d: provide that Registrars may exercise specified powers of the court or a Judge:
e: provide that proceedings may be stayed or dismissed, that an objection may be struck out, or that a party may not appear at the hearing of an objection to a removal order (whether not at all or only on the terms that the court considers appropriate)—
i: if certain specified requirements of the rules are not complied with; or
ii: unless certain specified requirements of the rules are complied with; or
iii: if an order made under the rules is not complied with; or
iv: unless an order made under the rules is complied with:
f: prescribe the forms necessary for the purposes of sections 215 to 221 Schedule 14
g: apply, with or without modification, provisions of the District Court Rules 2014 1974 No 66 s 692ZN(2) Section 214 amended 1 March 2017 section 261 District Court Act 2016 Section 214(g) amended 1 March 2017 section 261 District Court Act 2016 Application for removal order
215: Application for removal order
1: A territorial authority or constable the District Court Subpart 4
2: Schedule 14 1974 No 66 s 692ZD(1) Section 215(1) amended 1 March 2017 section 261 District Court Act 2016 Section 215(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Making of removal orders
216: Circumstances when court may make removal order
The District Court may make a removal order if—
a: the court is satisfied that the property is occupied, or regularly used, by persons who have been convicted of, or have committed, are committing, or are likely to commit, offences; and
b: the fence, structure, or vegetation—
i: has facilitated or contributed to, is facilitating or contributing to, or is intended to facilitate or contribute to—
A: the concealment on the property of an unauthorised weapon, controlled drug, tainted property, or property that is stolen or obtained by a crime involving dishonesty; or
B: the avoidance of detection or arrest of a person believed or reasonably suspected to have committed an offence; or
C: the commission of an offence by a person on or from the property; or
ii: is intended to injure a person ; or
iii: is such that the court is satisfied that it may reasonably be regarded as intimidating. 1974 No 66 s 692ZD(2) Section 216(b)﻿(ii) amended 1 December 2009 section 4 Local Government Amendment Act 2009 Section 216(b)﻿(iii) added 1 December 2009 section 4 Local Government Amendment Act 2009 Objection to making of removal order
217: Right of objection
1: If the court makes a removal order under section 216 clause 3(a)
2: A notice of objection lodged under subsection (1) operates as a stay of the removal order, pending the court's decision on the objection. 1974 No 66 s 692ZG(1), (6)
218: Consideration of objections
1: After considering any objection made under section 217(1)
a: confirm the order; or
b: confirm the order but vary all or any of its terms; or
c: discharge the order.
2: Without limiting the powers of the court, the court may strike out an objection made under section 217(1) 1974 No 66 ss 692ZH 692ZI(1) Right of appeal
219: Appeal to High Court final
If a party to proceedings under this subpart appeals to the High Court under Part 9 1974 No 66 s 692ZJ Section 219 amended 1 March 2017 section 261 District Court Act 2016 Compliance with removal order
220: Compliance with removal order
1: If no notice of objection to a removal order is lodged under section 217(1) section 218(1)
a: comply with a removal order within the period specified in the order; and
b: unless the order directs otherwise, pay all the costs and expenses of complying with the order.
2: If the respondent fails to comply with a removal order, the applicant, without further notice, and using the force that is reasonable in the circumstances, may—
a: enter the place where the fence, structure, or vegetation is situated and any portion of the adjoining land if reasonably necessary and authorised by the court in the removal order; and
b: remove or alter the fence, structure, or vegetation, or arrange for its removal or alteration in accordance with the terms of the removal order; and
c: sell or otherwise dispose of structures or materials salvaged in complying with the order; and
d: after allowing for any money received under paragraph (c), recover the costs and expenses incurred in carrying out the terms of the removal order as a debt from the respondent.
3: Costs or expenses that remain unpaid under subsection (2)﻿(d) may be registered under subpart 5 of Part 3
4: Section 40 1974 No 66 s 692ZK(1), (2), (3), (6) Section 220(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 220(4) amended 31 March 2005 section 414 Building Act 2004
221: Limits to power of entry to enforce compliance
1: If a respondent fails to comply with a removal order, and the applicant enforces compliance under section 220(2)
a: entry upon the property must be made only by—
i: a constable
ii: if the order was made on the application of a territorial authority, an officer of that authority or a constable
iii: any other person, whether a contractor, agent, or otherwise, authorised in writing by the constable
b: entry must be made at reasonable times; and
c: a person entering the property must carry evidence of his or her identity and authority to enter, and must produce that evidence to the owner or occupier, if present, on initial entry and subsequently if required to do so; and
d: as soon as practicable after entry is made, the applicant must give notice in writing, in the prescribed form and manner, to the owner and to the occupier of the property of the entry and the reasons for it.
2: Compensation or damages must not be awarded in civil proceedings brought against a person referred to in subsection (1)﻿(a) for any act done in good faith by that person under section 220(2) 1974 No 66 s 692ZK(3)–(5) Section 221(1)﻿(a)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 221(1)﻿(a)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 221(1)﻿(a)﻿(iii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Application of certain other Acts
222: Provisions of Resource Management Act 1991 and
Building Act 2004 Except as otherwise provided in this subpart or in Schedule 14 sections 215 to 221 Resource Management Act 1991 Building Act 2004 1974 No 66 s 692ZD(8) Section 222 heading amended 31 March 2005 section 414 Building Act 2004 Section 222 amended 31 March 2005 section 414 Building Act 2004
223: Relationship with Fencing Act 1978
1: If a fence, within the meaning of section 2 Fencing Act 1978
2: Until the expiry of the period described in subsection (4), if a fence, structure, or vegetation is removed under a removal order made under this subpart, the Fencing Act 1978 section 9
3: For the purposes of subsection (2), occupier section 2
4: The period referred to in subsections (1) and (2) is the shorter period of—
a: 3 years from the date of the removal order; or
b: the period from the date of the removal order until the date on which the respondent ceases to occupy or, if the respondent was the owner of the property, ceases to own the property in respect of which the order was made.
5: For the purposes of subsection (4), the date of the removal order is the date on which the order was made under section 216 section 217(1) section 218(1) 1974 No 66 s 692ZM
9: Offences, penalties, infringement offences, and legal proceedings
1: Offences
Offences relating to water
224: Offence relating to water wastage
Every person who contravenes section 192 section 242(2) 1974 No 66 s 382 Section 224 amended 1 July 2013 section 413 Criminal Procedure Act 2011
225: Offences relating to waterworks
1: Every person commits an offence and is liable on section 242(1)
a: takes water from the supply provided to another person without having entered into an agreement to be supplied with water from a waterworks; or
b: having been supplied with water from a waterworks,—
i: supplies that water to another person who has not entered into an agreement to be supplied; or
ii: permits that other person to take water supplied from a waterworks; or
c: bathes or washes clothing or other things in, or throws an animal, refuse, litter, or debris into, the water of a waterworks; or
d: carries out work on, or in relation to, a waterworks without first—
i: notifying the local authority of the intention to carry out the work; and
ii: obtaining written authorisation from the local authority, with terms or conditions the local authority thinks fit.
e:
2: It is not an offence under subsection (1) if the work referred to in subsection (1)﻿(d) or (e)
a: is authorised by a valid consent granted under—
i: the Building Act 2004 Building Code
ii: the Resource Management Act 1991
b: was carried out in accordance with a valid building, plumbing, or drainage consent.
3: It is a defence to an offence under subsection (1)﻿(d) or (e)
a: was necessary to avoid an emergency, or to mitigate or remedy the effects of an emergency; and
b: was carried out by a person appropriately registered to undertake the work. Section 225 heading amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 225(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 225(1)﻿(d)﻿(ii) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 225(1)﻿(e) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 225(2) amended 20 September 2007 section 6(3) Local Government Act 2002 Amendment Act 2007 Section 225(2)﻿(a)﻿(i) amended 31 March 2005 section 414 Building Act 2004 Section 225(3) amended 20 September 2007 section 6(3) Local Government Act 2002 Amendment Act 2007
226: Liability for cost of damage
A person who commits an offence under section 225 1974 No 66 s 395 Section 226 amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Offences relating to water meters
227: Offences relating to water meters
Every person commits an offence and is liable on section 242(1)
a: alters the index of, or in any other manner tampers with, a water meter being used in association with the water services of a local government organisation; or
b: alters the position of such a water meter. 1974 No 66 s 396 Section 227 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences relating to water races and private drains
228: Offences relating to water races
Every person commits an offence and is liable on section 242(1)
a: commits a nuisance in or near a water race; or
b: without being authorised to be supplied with water from a water race, takes water from the supply provided to another person; or
c: is supplied with water from a water race and—
i: supplies that water to another person who is not authorised to be supplied with water from a water race; or
ii: permits another person who is not authorised to be supplied with water from a water race to take water from the water race; or
d: bathes or washes clothing or other things in, or throws an animal, refuse, litter, or debris into, a water race; or
e: takes machinery through or across a water race, except at an appointed crossing place; or
f: obstructs by any means the flow of water in a water race; or
g: permits vegetation or other matter to grow or spread from land that person occupies—
i: into, on, or over a water race; or
ii: into, on, or over land reserved or used for a water race; or
iii: into, on, or over land where the vegetation or other matter is likely to obstruct the flow of water in a water race; or
h: directly or indirectly pollutes or causes to be polluted the water in a water race or in a watercourse used for supplying water to a water race in a manner that—
i: is offensive; or
ii: makes the water a danger to human health; or
i: allows livestock that the person owns or controls to trespass on to—
i: a water race; or
ii: a watercourse used for supplying water to a water race; or
j: carries out work on, or in relation to, a water race or structure, apparatus, or other thing—
i: connected with a water race; or
ii: used in supplying water to, or to distribute water from, a water race, without first—
A: notifying the local authority of the intention to carry out the work; and
B: obtaining written authorisation from the local authority, with terms or conditions the local authority thinks fit. 1974 No 66 ss 436 437 438 Section 228 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 228(b) substituted 7 July 2004 section 20 Local Government Act 2002 Amendment Act 2004 Section 228(c) substituted 7 July 2004 section 20 Local Government Act 2002 Amendment Act 2004 Offence relating to obstruction of enforcement officers and others
229: Obstruction of enforcement officers or agents of local authority
Every person commits an offence and is liable on section 242(2)
a: prevents the following persons from carrying out their statutory functions or duties:
i: an enforcement officer; or
ii:
iii: a person authorised or employed to carry out the provisions of
b: obstructs or impedes a person—
i: from carrying out the provisions of this Act; or
ii: from exercising or attempting to exercise a power of entry conferred by this Act; or
c: refuses to give information when directed to do so by an enforcement officer under section 178
d: incites any other person to do any act referred to in paragraph (a) or paragraph (b) or paragraph (c). 1974 No 66 s 693(1) Section 229 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 229(a)﻿(ii) repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 229(a)﻿(iii) amended 27 November 2010 section 36 Local Government Act 2002 Amendment Act 2010 Offences by occupiers or owners
230: Offences by occupiers
1: Every occupier of premises commits an offence and is liable on section 242(2)
a: refuses or wilfully omits to disclose or wilfully misstates the name or address of the owner of the premises when requested to do so by an officer of the local authority or by a person acting under the authority of the local authority for the purpose of giving effect to the provisions of this Act or of any other enactment in relation to the premises; or
b: refuses or neglects to allow the owner of the premises to give effect to the provisions of this Act or of any other enactment in respect of the premises.
2: The owner is not liable to a fine for a default for which he or she might otherwise be liable if he or she proves that the default was due to the refusal or neglect of the occupier. 1974 No 66 s 671 Section 230(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
231: Offences in relation to notices sent to occupiers or owners
Every person who fails to comply with a notice referred to in section 184(1) section 242(2) Section 231 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences relating to property damage
232: Damage to local authority works or property
1: This section applies in relation to the following works or property that are vested in, or under the control of, the local authority:
a: a protective work; or
b: a waterwork; or
c: a water race; or
d: a drainage work; or
e: anything forming part of, or connected with, any works or property not referred to in paragraphs (a) to (d).
2: Every person commits an offence who wilfully or maliciously destroys, damages, stops, obstructs, or interferes with the works or property referred to in subsection (1) and is liable on conviction section 242(3)
3: Every person commits an offence who negligently destroys, damages, stops, obstructs, or interferes with the works or property referred to in subsection (1) and is liable on section 242(1) 1974 No 66 s 694 Section 232(1)﻿(d) substituted 28 June 2006 section 24 Local Government Act 2002 Amendment Act 2006 Section 232(1)﻿(e) added 28 June 2006 section 24 Local Government Act 2002 Amendment Act 2006 Section 232(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 232(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous offences
233: Offence relating to advertising
Every person who wilfully contravenes clause 32 section 242(2) 1974 No 66 s 37ZZZIF(2) Section 233 amended 1 July 2013 section 413 Criminal Procedure Act 2011
234: Unauthorised use of coat of arms
Every person commits an offence and is liable on section 242(2)
a: for the purposes of sale, applies or permits to be applied to an article the coat of arms of the local authority or an imitation of that coat of arms; or
b: sells or offers the article for sale, or permits it to be sold or offered for sale, knowing that the coat of arms or an imitation of it has been applied to the article. 1974 No 66 s 696 Section 234 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences committed by members and officers of local authorities
235: Offences by members of local authorities
and local boards
1: Every person who contravenes section 54C 54D(1) or (2) clause 1(3) clause 2(6) clause 14(1) section 242(2)
2: Fines recovered by the Secretary in proceedings instituted under section 54C 54D(1) or (2) clause 1(3) clause 2(6) clause 14(1) a Crown Bank Account
3: Despite subsection (1), a person does not commit an offence if the person contravenes clause 1(3) 1974 No 66 ss 101X(3) 101Y(6) 101Z(2) 114U(3) Section 235 heading amended 8 August 2014 section 64 Local Government Act 2002 Amendment Act 2014 Section 235(1) amended 20 November 2022 section 6(1) Local Government (Pecuniary Interests Register) Amendment Act 2022 Section 235(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 235(2) amended 20 November 2022 section 6(2) Local Government (Pecuniary Interests Register) Amendment Act 2022 Section 235(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989
236: Penalty for acting without warrant
Every person commits an offence and is liable on section 242(2)
a: does not have a warrant of the kind referred to in section 174
b: acts under a warrant after the termination, as the case may be, of—
i: his or her appointment as an officer of the local authority; or
ii: his or her authority to act on behalf of the local authority. 1974 No 66 s 711 Section 236 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences committed by members and officers of Remuneration Authority
237: Offence by member or officer of Remuneration Authority
Every person who wilfully contravenes clause 11(2)
a: commits an offence; and
b: is liable on section 242(2) Section 237(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences against Act
238: Offence of failing to comply with Act
1: Every person who acts contrary to, or fails to comply with, a direction or prohibition given under this Act, or under an authority given to a local authority or to a member or officer of a local authority, commits an offence and is liable on section 242(2)
2: An offence or penalty prescribed by this Act, or by regulations or bylaws made under this Act, must not be treated as repealing or otherwise affecting the provisions of any other Act under which the same act or default is also prescribed as an offence or for which a penalty is prescribed.
3: A person to whom subsections (1) and (2) apply may be proceeded against—
a: under this Act, or the bylaw or regulation made under this Act; or
b: under any other Act; but
c: must not be punished both under this Act, or under any bylaw or regulation made under this Act, and also under any other Act in respect of the same act or failure.
4: In this section direction constable section 169(2)﻿(d) 1974 No 66 s 697 Section 238(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 238(4) added 7 July 2004 section 21 Local Government Act 2002 Amendment Act 2004 Section 238(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Offences against bylaws
239: Offences in respect of breaches of bylaws (other than alcohol bans)
Every person commits an offence and is liable on conviction to the penalty set out in section 242(4) or (5) Part 8 section 147 Section 239 replaced 18 December 2013 section 6 Local Government (Alcohol Reform) Amendment Act 2012
239A: Breaches of alcohol bans
1: Section 21 section 147
a: the breach were an infringement offence within the meaning of that Act; and
b: the person who has committed the breach has committed the offence; and
c: the references in subsection (9) of that section to a defendant's being found guilty of, or pleading guilty to, an infringement offence for which an infringement notice has been issued were references to the person's being found to have committed, or admitting to having committed, the breach;— and Part 3 section 208
2: Proceedings in respect of a breach of a bylaw made under section 147 section 14
3: Subsection (2) overrides subsection (1) and section 21(1)﻿(a) Section 239A inserted 18 December 2013 section 6 Local Government (Alcohol Reform) Amendment Act 2012 Defences
240: Defence to offences under this Act
It is a defence to any offence under this Act or under bylaws made under this Act if the court is satisfied—
a: that—
i: the act giving rise to the offence was necessary—
A: to save or protect life or health or prevent injury; or
B: to prevent serious damage to property; or
C: to avoid actual or likely damage to the environment; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred; or
b: the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant, and, in each case,—
i: the action or event could not reasonably have been foreseen or prevented by the defendant; and
ii: the effects of the act or omission of the defendant were adequately remedied or mitigated by the defendant after the offence occurred. Time for filing charging document Heading replaced 1 July 2013 section 413 Criminal Procedure Act 2011
241: Time for filing charging document
Despite anything to the contrary in section 25 Section 241 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
2: Penalties
242: Penalties for offences
1: A person who is convicted of an offence under section 225 section 227 section 228 section 232(3)
2: A person who is convicted of an offence under section 224 sections 229 to 231 sections 233 to 238
3: A person who is convicted of an offence under section 232(2)
4: A person who is convicted of an offence against a bylaw made under Part 8
5: A person who is convicted of an offence against a bylaw made under section 146(a)﻿(iii) 1974 No 66 ss 683(1) 698 Section 242(1) amended 20 September 2007 section 8(1) Local Government Act 2002 Amendment Act 2007 Section 242(3) amended 20 September 2007 section 8(2) Local Government Act 2002 Amendment Act 2007
3: Infringement offences
243: Interpretation
1: In this subpart,— alcohol ban section 147 enforcement officer infringement fee
a: in relation to an infringement offence specified as such by regulations under section 259(a) section 259(b)
b: in relation to a breach of an alcohol ban, means the amount prescribed by regulations under section 259(b) infringement offence
a: means an offence specified as such by regulations under section 259(a)
b: includes a breach of an alcohol ban.
2: The definition in subsection (1) of enforcement officer section 5 Section 243 replaced 18 December 2013 section 7 Local Government (Alcohol Reform) Amendment Act 2012
244: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence specified as such by regulations under section 259(a)
a: be proceeded against under the Criminal Procedure Act 2011
b: be served with an infringement notice under section 245
2: A person who is alleged to have committed a breach of an alcohol ban—
a: may be served with an infringement notice under section 245
b: must not be proceeded against under the Criminal Procedure Act 2011 Section 244 replaced 18 December 2013 section 7 Local Government (Alcohol Reform) Amendment Act 2012
245: Issue of infringement notices
1: An infringement notice may be served on a person if an enforcement officer—
a: observes a person committing an infringement offence; or
b: has reasonable cause to believe that an infringement offence is being or has been committed by that person.
2: An infringement notice not relating to a breach of an alcohol ban may be served—
a: by an enforcement officer (not necessarily the person who issued the notice) personally delivering it (or a copy of it) to the person alleged to have committed the infringement offence concerned; or
b: by post addressed to that person's last known place of residence or business.
2A: An infringement notice relating to a breach of an alcohol ban may be served—
a: by a constable personally delivering it to the person alleged to have committed the breach; or
b: by a constable personally delivering it, at a time after the person alleged to have committed the breach has been arrested for committing it, to the person; or
c: by post addressed to the last known place of residence or business of the person alleged to have committed the breach.
3: An
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: details of the alleged infringement offence sufficient to inform fairly a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee specified for that offence:
c: the time within which the infringement fee must be paid:
d: the address of the place at which the infringement fee must be paid:
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing:
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
h: any other particulars that are prescribed.
5: If an infringement notice has been issued under this section,—
a: proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21
b: the provisions of that section apply with all necessary modifications. 1974 No 66 s 699C Section 245(2) replaced 18 December 2013 section 8 Local Government (Alcohol Reform) Amendment Act 2012 Section 245(2A) inserted 18 December 2013 section 8 Local Government (Alcohol Reform) Amendment Act 2012 Section 245(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
245A: Constables may require certain information
A constable who believes on reasonable grounds that a person is committing or has committed an infringement offence may direct the person to give the constable his or her name, address, and date of birth. Section 245A inserted 18 December 2013 section 9 Local Government (Alcohol Reform) Amendment Act 2012
246: Entitlement to infringement fees
A local authority may retain the infringement fee received by it for an infringement offence if the infringement notice was issued by an enforcement officer appointed by that local authority. 1974 No 66 s 699D
4: Legal proceedings
Procedure
247: Proceedings in District Court
An application and appeal to the District Court under this Act must be made in accordance with the rules of the District Court. 1974 No 66 s 701(1) Judges not disqualified
248: Judges not disqualified for being ratepayers
1: In this section, Judge
2: A Judge must not be treated as interested in a case in which he or she is acting judicially solely on the ground that he or she is a ratepayer or is normally resident in a district or region. 1974 No 66 s 700 Representation
249: Representation of local authority in proceedings
1: This section applies to proceedings involving a local authority—
a: under the Local Government (Rating) Act 2002
b: under any enactment in relation to bankrupts:
c: in all proceedings—
i: in the District Court
ii: before any Justice or Community Magistrate.
2: In the proceedings referred to in subsection (1), the local authority may be represented by the following persons acting on behalf of the local authority:
a: a member of the local authority appointed for the purpose by resolution of the local authority; or
b: any officer of the local authority or other person appointed in writing by the mayor or chairperson of the local authority, as the case may be, or the chief executive of the local authority.
3: A member of the local authority, and any officer or other person acting on behalf of the local authority, must be reimbursed by the local authority for any damages, costs, charges, and expenses incurred by the member or person acting under subsection (2). 1974 No 66 s 701(2), (3) Section 249(1)﻿(c)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Service
250: Service of legal proceedings on local authority
A document in legal proceedings that must be served on a local authority may be served by being left at the principal public office of the local authority or given personally to the mayor, chairperson, or chief executive of the local authority. 1974 No 66 s 702 Evidence
251: Evidence of ownership, vesting, or control
In legal proceedings commenced by, or on behalf of, a local authority to enforce a provision of this Act, or of a regulation or bylaw made under it,—
a: the production of the rating information database (within the meaning of the Local Government (Rating) Act 2002
b: an affidavit by the chief executive stating that specified works or property are vested in, or under the control of, the local authority is evidence of the matter unless the contrary is proved. 1974 No 66 ss 703 704 Recovery of debts
252: Recovery of debts
Money payable by a person to the local authority for works, material, or things provided or done by the local authority , and money payable by a person to the local authority as a development contribution, 1974 No 66 s 705 Section 252 amended 8 August 2014 section 65 Local Government Act 2002 Amendment Act 2014
10: Powers of Minister to act in relation to local authorities
Part 10 replaced 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
253: Outline of Part
This Part confers powers on the Minister to—
a: assist local authorities in certain situations; and
b: intervene in the affairs of local authorities in certain situations. Section 253 replaced 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
254: How this Part works
1: This section is a guide to the overall scheme and effect of this Part. It does not affect the interpretation or application of the other provisions of this Part.
2: Subpart 1
3: The options vary according to the nature and scale of assistance or intervention required to address the problem.
4: The options are not a hierarchy of actions that the Minister must employ sequentially in relation to a local authority.
5: Accordingly, the Minister may exercise an option in relation to a local authority without having previously exercised 1 or more of the other options.
6: Subpart 2 subpart 1
7: The provisions in subpart 2 Section 254 replaced 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
255: Application of this Part
1: The Minister may appoint a Ministerial body under subpart 1
2: However, the Minister may exercise the powers in this Part in relation to a local board and, for that purpose, this Part applies, with any necessary modifications, as if a local board were a local authority. Section 255 replaced 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012 Section 255(2) inserted 8 August 2014 section 66 Local Government Act 2002 Amendment Act 2014
256: Interpretation
In this Part,— Commission section 258F Ministerial appointee subpart 1 Ministerial body subpart 1 problem
a: means—
i: a matter or circumstance relating to the management or governance of the local authority that detracts from, or is likely to detract from, its ability to give effect to the purpose of local government within its district or region; or
ii: a significant or persistent failure by the local authority to perform 1 or more of its functions or duties under any enactment; or
iii: the consequences of a state of emergency (within the meaning of section 4
b: includes—
i: a failure by the local authority to demonstrate prudent management of its revenues, expenses, assets, liabilities, investments, or general financial dealings; and
ii: a potential problem within the meaning of paragraph (a)﻿(i) or (ii); and
iii: to avoid doubt, 2 or more problems within the meaning of paragraph (a) or subparagraph (i) or (ii) of this paragraph public notice
a: means a notice published—
i: in a newspaper circulating in the district or region of the local authority; and
ii: on the Internet site of the department responsible for the administration of this Act; and
b: includes any other notice that the Minister thinks desirable in the circumstances significant Section 256 replaced 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
1: Ministerial powers of assistance and intervention
Subpart 1 inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012 Minister may require information from local authority Heading inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
257: Minister may require information
1: The Minister may, by notice in writing, require a local authority to provide to him or her information on the nature and extent of a problem and how the local authority is addressing or planning to address the problem if the Minister believes, on reasonable grounds, that—
a: a problem relating to the local authority may exist; and
b: the local authority—
i: has not publicly acknowledged the nature and extent of the problem; or
ii: may be unable or unwilling to effectively address the problem.
2: The Minister may, by notice in writing, require a local authority to provide to him or her information on how the local authority is addressing or planning to address a problem—
a: after the expiry of the term of a Ministerial body appointed to assist or intervene in relation to the problem; and
b: for the purpose of the Minister assessing whether further action under this Part is required.
3: A notice under this section must state—
a: the problem; and
b: the information required by the Minister; and
c: the form in which the information is to be provided; and
d: the date by which the information is to be provided.
4: A local authority must respond to a notice received under this section—
a: by the date stated in the notice; or
b: by any other date to which the Minister has agreed.
5: The Minister may require a local authority to provide information under this section—
a: by instalments at specified dates:
b: by instalments at specified intervals.
6: The Minister may require a local authority to provide information under this section in relation to a problem on which information has already been requested and provided under the section. Section 257 replaced 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012 Minister may appoint Crown Review Team Heading replaced 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258: Minister may appoint Crown Review Team
1: The Minister may appoint a Crown Review Team to a local authority if—
a: the local authority has received a notice from the Minister under section 257(1)
b: the Minister believes, on reasonable grounds, that a significant problem relating to the local authority may exist and—
i: the local authority is unable or unwilling to effectively address the problem; or
ii: a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or
c: the Minister has received a written request from the local authority to do so.
2: Before the review begins, the Minister must give notice of the appointment—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: Each notice must comply with section 258S
4: A Crown Review Team must, to the extent authorised by its terms of reference,—
a: investigate and report on the nature and extent of the problem; and
b: make recommendations to the local authority and the Minister on how the local authority could address the problem; and
c: make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
d: ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.
5: If applicable, and to the extent authorised by its terms of reference, a Crown Review Team must also investigate, and report on, any related matter as recommended by a Ministerial body currently or previously appointed to the local authority.
6: A local authority must—
a: co-operate with a Crown Review Team so that it may fulfil its terms of reference; and
b: comply with any reasonable request of the Crown Review Team to provide any relevant information that the local authority holds.
7: A Crown Review Team must produce a final report that complies with section 258U
8: This section is subject to section 258Q Section 258 replaced 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258A: How Crown Review Team appointed
1: A Crown Review Team comprises 1 or more members.
2: If a Crown Review Team comprises 2 or more members, the Minister must appoint 1 member as the chairperson.
3: The Minister must appoint each member of a Crown Review Team by notice in writing. The notice must include the following information:
a: the terms of reference of the Crown Review Team, including—
i: an outline of the problem in relation to which it has been appointed; and
ii: the extent of its authority; and
b: the start and end dates of the member's appointment; and
c: the start and end dates of the review period. Section 258A inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012 Minister may appoint Crown Observer Heading inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258B: Minister may appoint Crown Observer
1: The Minister may appoint a Crown Observer to a local authority if—
a: the Minister believes, on reasonable grounds, that a significant problem relating to the local authority exists and—
i: the appointment of a Crown Observer is necessary to enable, or better enable, the local authority to effectively address the problem; or
ii: the appointment of a Crown Observer is necessary to enable, or better enable, the Minister to monitor the local authority's progress in addressing the problem; or
iii: a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or
b: the Minister has received a written request from the local authority to do so.
2: Before the observation period begins, the Minister must give notice of the appointment—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: Each notice must comply with section 258S
4: A Crown Observer must, to the extent authorised by his or her terms of reference,—
a: assist the local authority to address the problem; and
b: monitor the local authority's progress in relation to the problem; and
c: make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
d: ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.
5: If applicable, and to the extent authorised by its terms of reference, a Crown Observer must also assist the local authority with, and monitor progress on, any related matter as recommended by a Ministerial body currently or previously appointed to the local authority.
6: A local authority must—
a: co-operate with a Crown Observer so that he or she may fulfil his or her terms of reference; and
b: comply with any reasonable request of the Crown Observer to provide any relevant information that the local authority holds.
7: A Crown Observer must produce a final report that complies with section 258U
8: This section is subject to section 258Q Section 258B inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258C: How Crown Observer appointed
The Minister must appoint a Crown Observer by notice in writing. The notice must include the following information:
a: the terms of reference of the Crown Observer, including—
i: an outline of the problem in relation to which the Crown Observer has been appointed; and
ii: the extent of his or her authority; and
b: the start and end dates of the appointment; and
c: the start and end dates of the observation period. Section 258C inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012 Minister may appoint Crown Manager Heading inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258D: Minister may appoint Crown Manager
1: The Minister may appoint a Crown Manager to a local authority if—
a: the Minister believes, on reasonable grounds, that a significant problem relating to the local authority exists, and—
i: the nature or extent of the problem is such that the local authority is unlikely to effectively address the problem without the appointment of a Crown Manager; or
ii: for no good reason, the local authority has not adequately implemented a recommendation of any other Ministerial body in relation to the problem; or
iii: a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or
b: the Minister has received a written request from the local authority to do so.
2: Before the management period begins, the Minister must give notice of the appointment—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: Each notice must comply with section 258S
4: A Crown Manager must, to the extent authorised by his or her terms of reference,—
a: direct the local authority to act to address the problem; and
b: make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
c: ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.
5: If applicable, and to the extent authorised by its terms of reference, a Crown Manager must also direct the local authority on any related matter as recommended by a Ministerial body currently or previously appointed to the local authority.
6: A local authority must—
a: co-operate with a Crown Manager so that he or she may fulfil his or her terms of reference; and
b: comply with the directions of a Crown Manager; and
c: comply with any reasonable request of a Crown Manager to provide any relevant information that the local authority holds.
7: A Crown Manager must produce a final report that complies with section 258U
8: This section is subject to section 258Q Section 258D inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258E: How Crown Manager appointed
The Minister must appoint a Crown Manager by notice in writing. The notice must include the following information:
a: the terms of reference of the Crown Manager, including—
i: an outline of the problem in relation to which the Crown Manager has been appointed; and
ii: the extent of his or her authority; and
b: the start and end dates of the Crown Manager's appointment; and
c: the start and end dates of the management period. Section 258E inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012 Minister may appoint Commission Heading inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258F: Minister may appoint Commission
1: The Minister may appoint a Commission to a local authority if—
a: the Minister believes, on reasonable grounds, that—
i: a significant problem relating to the local authority—
A: is impairing, or likely to impair, the good local government of the local authority's district or region; or
B: is endangering, or likely to endanger, the public health or safety of the people within the local authority's district or region; and
ii: the local authority is unable or unwilling to effectively address the problem; and
iii: the problem is such that appointing a Crown Review Team, a Crown Observer, or a Crown Manager to the local authority is unlikely to prevent the consequences described in subparagraph (i)
b: the local authority refuses or is unable to comply with a direction of a Crown Manager given under section 258D(4)
c: the Minister believes, on reasonable grounds, that a significant problem relating to the local authority exists and a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or
d: the Minister has received a written request from the local authority to do so.
2: Before the Commission begins its term, the Minister must give notice of the Commission's appointment—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: Each notice must comply with section 258S
4: A Commission must perform the functions and duties and exercise the powers of the local authority, and its members, under this Act and any other enactment,—
a: to the exclusion of the members of the local authority; but
b: subject to—
i: section 258H
ii: any limits on its authority set out in the terms of reference.
5: To avoid doubt, a Commission—
a: must perform any functions or exercise any powers directly conferred on the mayor or chairperson, or any other member, of a local authority by or under any enactment; and
b: may exercise all the powers of the local authority to set, assess, and collect rates and charges within the district or region and expend their proceeds; and
c: may appoint members of the local authority to a committee or subcommittee established under Schedule 7
6: A Commission must also, to the extent authorised by its terms of reference,—
a: make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
b: if applicable, implement the recommendations of a Ministerial body currently or previously appointed to the local authority.
7: A Commission must ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.
8: A Commission must produce a final report that complies with section 258U
9: This section is subject to section 258Q Section 258F inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258G: How Commission appointed
1: A Commission comprises 1 or more members.
2: If a Commission comprises 2 or more members, the Minister must appoint 1 member as the chairperson.
3: The Minister must appoint each member of a Commission by notice in writing. The notice must include the following information:
a: the terms of reference of the Commission, including—
i: an outline of the problem in relation to which it has been appointed; and
ii: any limitations on the extent of its authority; and
b: the start and end dates of the member's appointment; and
c: the start and end dates of the Commission's term. Section 258G inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258H: Application of this and other enactments during Commission's term of appointment
1: This section applies during the period in which a Commission is appointed to perform the functions and duties and exercise the powers of a local authority under section 258F
2: This Act and any other enactment applies, with any necessary modifications, as if the Commission were the governing body of the local authority and responsible for the decision-making of the local authority.
3: Without limiting subsection (2), clauses 31 32 32A
4: A document that is required to be executed under the seal of the local authority may be executed under the seal and verified by the signature of the chairperson of the Commission, or the Commission, if there is no chairperson.
5: All acts done by the Commission in the purported exercise of the powers of the local authority under this or any other enactment, whether the powers have been expressly limited in the terms of reference or not, are, except in the case of fraud, as valid as if the Commission had not been appointed and the acts had been done by the local authority in the ordinary course of its business. Section 258H inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258I: Minister may postpone general election when appointing Commission
1: The Minister may postpone the next triennial general election for members of a local authority—
a: at the same time as appointing a Commission to a local authority under section 258F
b: at any time during the period in which the Commission is performing the local authority's functions and duties and exercising its powers.
2: Subsection (1) applies only if the term of the Commission extends more than 120 days beyond the date of that election as determined under section 10
3: If the Minister acts under subsection (1), he or she must—
a: give public notice of the postponement; and
b: before the term of the Commission ends,—
i: call a general election of the local authority by notice in the Gazette
ii: give public notice of the calling of the election.
4: Each notice given under subsection (3)﻿(b)—
a: must specify the date on which the election is to be held, which must be no later than 7 days before the date on which the term of the Commission ends; and
b: if section 258J
5: The Local Electoral Act 2001
6: Despite subsection (5), the electoral officer responsible for the election must give notice of the election under section 52
a: no later than 7 days after the Minister gives notice of the election under subsection (3)﻿(b); and
b: if section 258J Section 258I inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258J: Timing of election following postponed election
1: This section applies if—
a: the Minister postpones a triennial general election for members of a local authority under section 258I
b: the date on which the postponed election is subsequently held is less than 3 years before the date of the next triennial general election for members of the local authority as determined under section 10 next triennial election
2: The Minister must decide whether the election for members of the local authority following the postponed election must be held on the date of—
a: the next triennial election; or
b: the next subsequent triennial general election as determined under section 10 second triennial election
3: A general election for members of the local authority must not be held on the date of the next triennial election. Instead, the next general election for members of the local authority must be held on the date of the second triennial election.
4: A member of the local authority elected at the postponed election holds office until he or she vacates office, in accordance with section 116
5: Subsection (4) applies unless the member sooner vacates his or her office under clause 5 Section 258J inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258K: Local authority members remain in office but must not act during term of Commission
1: Subsection (2) applies to each member of a local authority, including the mayor or chairperson, from the date on which a Commission appointed to the local authority under section 258F
2: A member remains in office but must not act and is not entitled in that capacity to be paid any salary, allowances, or expenses under this Act or any other enactment, or to use any property of the local authority, until the earliest of the following events occurs:
a: the Commission ends its term, in which case the member resumes full power to act:
b: a triennial general election is held for the local authority under section 10 section 116
c: a general election is held for the local authority under section 258I section 116
d: a general election is held for the local authority under section 258M section 116
e: the member vacates his or her office in accordance with clause 5(1)﻿(a), (b), (c), or (e)
3: However, if a Commission appoints a member to a committee or subcommittee in accordance with Schedule 7
a: may accept the appointment, in the capacity as a person who has the skills, attributes, or knowledge that will assist the work of the committee or subcommittee; and
b: is entitled to receive payment for holding office as a member of the committee or subcommittee in that capacity.
4: In subsection (2), act Section 258K inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258L: Extraordinary vacancy when Commission appointed or during term of Commission
1: This section applies if an extraordinary vacancy (within the meaning of clause 5
a: exists at the time a Commission is appointed to a local authority; or
b: is created during the term that a Commission is appointed to a local authority.
2: The vacancy is not required to be filled, and any preparations made by any person towards filling the vacancy in accordance with sections 117 to 120
a: a triennial general election for the local authority under section 10
b: a general election for the local authority under section 258I 258M
3: The vacancy must be filled in accordance with sections 117 to 120 Section 258L inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012 Minister may call general election Heading inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258M: Minister may call general election
1: The Minister may, by notice in the Gazette
2: The notice must specify the date on which the election is to be held, which, to avoid doubt, may be a date that is earlier than the date of the next triennial general election for members of the local authority as determined under section 10
3: The Minister must—
a: give the local authority a copy of the Gazette
b: give public notice of the calling of the election and the date on which the election is to be held.
4: The Local Electoral Act 2001
5: Despite subsection (4), the electoral officer responsible for the election must give notice of the election under section 52 Section 258M inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
2: General provisions applying to Ministerial powers conferred under subpart 1
Subpart 2 inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258N: Minister may consult any person
1: The Minister may, but is not obliged to, consult any person, organisation, or group—
a: when determining what action, if any, to take under subpart 1
b: when appointing a Ministerial body under subpart 1
c: when formulating the terms of reference for a Ministerial body.
2: The Minister may, but is not obliged to, consult any person, organisation, or group—
a: when postponing a general election under section 258I
b: when calling a general election under section 258M Section 258N inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258O: Minister must publish list in
Gazette
1: The Minister must publish in the Gazette subpart 1
2: Without limiting subsection (1), the list must include the following matters:
a: guiding principles that the Minister is likely to adopt when making decisions under this Part:
b: matters or circumstances relating to the management or governance of local authorities that the Minister considers are likely to detract from the ability of local authorities to give effect to the purpose of local government within their districts and regions:
c: the types and sources of information that the Minister is likely to consider when making decisions under this Part.
3: The Minister must review the list no later than 5 years after the date on which the list is published and, subsequently, at intervals of no more than 5 years after the most recent review.
4: The list must be republished after each review.
5: Before publishing or republishing a list, the Minister must consult Local Government New Zealand and may, but is not obliged to, consult any other person, organisation, or group.
6: The first list must be published no later than 31 March 2013. Section 258O inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258P: Minister must have regard to published list
1: The Minister, when determining what action, if any, to take under subpart 1 section 258O
2: To avoid doubt, the Minister may act under subpart 1 Section 258P inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258Q: Notice to local authority of proposed appointment of Ministerial body
1: Before appointing a Ministerial body, the Minister must—
a: give the local authority concerned written notice that he or she intends to make the appointment; and
b: state in the notice the reasons for the proposed appointment and the proposed terms of reference; and
c: give the local authority an opportunity to satisfy the Minister of the following matters, as applicable, by a date specified in the notice, being no earlier than 10 working days after the date on which notice is given to the local authority:
i: the reasons for making the appointment do not exist:
ii: the local authority is acting effectively to address the problem:
iii: for any other reason, the appointment should not be made:
iv: a different Ministerial body should be appointed.
2: The Minister must—
a: notify the local authority, in writing, if he or she decides not to appoint a Ministerial body; or
b: act under section 258(2) 258B(2) 258D(2) 258F(2)
3: This section does not apply if—
a: the local authority has requested the Minister to make the appointment; or
b: the problem in relation to which the Minister intends to make the appointment relates to the consequences of a state of emergency and the Minister believes, on reasonable grounds, that the public health or safety of the people within the local authority's district or region is, or is likely to be, endangered. Section 258Q inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258R: Notice to local authority of proposed general election
1: Before calling a general election under section 258M
a: give the local authority concerned written notice that he or she intends to call the election; and
b: state in the notice the reasons for the proposed election in terms of section 258M(1)
c: give the local authority an opportunity to satisfy the Minister of the following matters, as applicable, by a date specified in the notice, being no earlier than 10 working days after the date on which notice is given to the local authority:
i: the reasons for calling the election do not exist:
ii: for any reason, the election should not be called:
iii: a Ministerial body should be appointed instead.
2: The Minister must—
a: notify the local authority, in writing, if he or she decides not to call the election; or
b: act under section 258M(3) Section 258R inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258S: Notification of appointment of Ministerial body
1: A notice of appointment of a Ministerial body under section 258(1) 258B(1) 258D(1) 258F(1)
a: that the Minister has appointed a Ministerial body; and
b: the terms of reference of the Ministerial body; and
c: the start and end dates of the Ministerial body's appointment; and
d: the names of each member of the Ministerial body; and
e: if applicable, the name of the chairperson of the Ministerial body.
2: Subsection (3) applies if—
a: the notice of appointment relates to a Commission; and
b: the Minister has, at the same time, postponed the next triennial general election for members of the local authority under section 258I
3: The notice of appointment must also state that the Minister has postponed the next triennial general election for members of the local authority and that the Minister will call a general election, by notice in the Gazette Section 258S inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258T: Notification of change of membership of Ministerial body
The Minister must notify any change in the membership of a Ministerial body by notice in the Gazette Section 258T inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258U: Final report of Ministerial body
1: A final report produced by a Ministerial body must include the following:
a: a narrative description of the activities of the Ministerial body in relation to its terms of reference; and
b: in respect of the problem in relation to which the Ministerial body was appointed, an assessment of progress in addressing the problem; and
c: any final recommendations of the Ministerial body to the Minister, the local authority, or both; and
d: without limiting paragraph (c), any final recommendations of the Ministerial body to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
e: any other matter required by the Ministerial body's terms of reference.
2: The Minister must, as soon as practicable,—
a: give a copy of the report to the local authority; and
b: make the report publicly available, excluding any information that it is necessary to withhold for any of the reasons stated in section 6 7 Section 258U inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258V: Remuneration and expenses of Ministerial appointees
1: A Ministerial appointee is entitled—
a: to receive remuneration for services as a member of a Ministerial body as determined by the Minister in accordance with the fees framework; and
b: to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member in accordance with the fees framework.
2: In this section, fees framework Section 258V inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258W: Recovery of expenses from local authority
1: A local authority owes as a debt to the Crown any expenses that the Crown incurs for the appointment of a Crown Manager or a Commission to the local authority, including the payment of remuneration and expenses to the Crown Manager or a member of the Commission.
2: Any expenses that the Crown incurs for the appointment of a Crown Observer or a Crown Review Team to a local authority, including the payment of remuneration and expenses to the Crown Observer or a member of the Crown Review Team, may be recovered by the Crown from the local authority if—
a: the Minister decides that to do so is reasonable in the circumstances; and
b: the terms of reference authorise the recovery.
3: The Crown may recover expenses under subsection (2) as a debt to the Crown. Section 258W inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258X: Minister may terminate Ministerial body or Ministerial appointee
1: The Minister may terminate the appointment of a Ministerial body at any time by notice in writing.
2: The Minister must give notice of the termination—
a: to the local authority, in writing; and
b: by notice in the Gazette
c: by public notice.
3: The Minister may terminate a Ministerial appointee's appointment at any time by notice in writing, and no compensation is payable to the person as a result of the termination. Section 258X inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258Y: Protection from liability for Ministerial appointees
1: A Ministerial appointee is not liable for any act done or omitted to be done by him or her in good faith in the performance or intended performance of his or her functions, responsibilities and duties, or the exercise of his or her powers as a Ministerial appointee.
2: To avoid doubt, this includes—
a: acts done or omitted to be done by a Crown Manager when directing a local authority to act; and
b: acts done or omitted to be done by a Commission member when performing the functions and exercising the powers of a local authority or its members. Section 258Y inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
258Z: Disclosure of information held by local authority
1: For the purposes of this Part, information held by a local authority may be disclosed to the Minister or a Ministerial body despite anything to the contrary in the Official Information Act 1982 Local Government Official Information and Meetings Act 1987 Privacy Act 2020
2: However, the Minister, the Ministerial body, or a Ministerial appointee must not publish or disclose that information to any other person except in accordance with those Acts.
3: In this section, Minister Section 258Z inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012 Section 258Z(1) amended 1 December 2020 section 217 Privacy Act 2020
258ZA: Decisions and directions of Crown Manager or Commission remain in force until local authority decides otherwise
1: Subsections (2) and (3) apply to a local authority on and from the expiry of the term of a Crown Manager appointed to the local authority.
2: A direction given to the local authority by the Crown Manager ceases to have effect.
3: Despite subsection (2), any decision made by the local authority giving effect to the direction continues in force unless and until the local authority revokes or amends the decision.
4: Subsection (5) applies to a local authority on and from the expiry of the term of a Commission appointed to the local authority.
5: A decision of the Commission continues in force as if it were a decision made by the local authority unless and until the local authority revokes or amends the decision. Section 258ZA inserted 5 December 2012 section 31 Local Government Act 2002 Amendment Act 2012
11: Regulations
, other Orders in Council, and rules Part 11 heading amended 27 November 2010 section 37 Local Government Act 2002 Amendment Act 2010 Regulations Heading inserted 27 November 2010 section 38 Local Government Act 2002 Amendment Act 2010
259: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: prescribing breaches of bylaws that are infringement offences under this Act:
b: prescribing infringement fees (not exceeding $1,000) for infringement offences:
c: prescribing infringement notice forms:
d: prescribing forms to be used—
i: in polls in relation to reorganisation plans Schedule 3
ii: for any other matter for which forms are required under this Act:
da: prescribing matters, not inconsistent with generally accepted accounting practice, that must be specified in a financial statement and the manner in which they must be specified:
db: prescribing forms for the funding impact statements to be included in the long-term plan, annual plan, and annual report:
dc: prescribing parameters or benchmarks for assessing whether a local authority is prudently managing its revenues, expenses, assets, liabilities, investments, and general financial dealings:
dd: prescribing the manner in which a local authority must disclose, in 1 or more of its long-term plan, annual plan, and annual report,—
i: the planned performance of the local authority against parameters and benchmarks prescribed in regulations made under paragraph (dc):
ii: the actual performance of the local authority against parameters and benchmarks prescribed in regulations made under paragraph (dc):
e: prescribing the form or content of applications, notices, or any other documentation or information relating to the reconsideration of requirements for development contributions or to development contribution objections, and the manner in which any document or information is to be made available or provided:
f: prescribing, in addition to any matters prescribed under paragraph (e), the practice and procedure for hearing and deciding development contribution objections:
g: providing for any matters that are contemplated by this Act, necessary for giving it full effect, or necessary for its due administration.
2: Regulations made under subsection (1)﻿(db) may specify in greater detail the information required to be included in a funding impact statement by Schedule 10
3: Regulations made under subsection (1)﻿(dc) may—
a: prescribe parameters or benchmarks in any manner, including by—
i: reference to fixed terms (for example, the debt of a local authority in a financial year, generally, should not exceed a fixed sum per resident):
ii: the use of ratios, factors, or other relative terms (for example, the expenditure of a local authority in a financial year, generally, should not increase by more than the ratio of population growth multiplied by the rate of increase of the Consumers Price Index (all groups) or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index
iii: reference to circumstances, statistics, or other publicly available information, whether only concerning local authorities and their districts and regions or otherwise; and
b: prescribe parameters or benchmarks in a way that differentiates between different types or classes of local authority (for example, regional councils, territorial authorities, and local authorities with a population, assets, or an average income of its population over or under a specified figure); and
c: prescribe parameters or benchmarks in a way that includes or excludes subsidiaries, including council-controlled organisations, council-controlled trading organisations, and council organisations, of a local authority.
4: The Minister may recommend the making of regulations under subsection (1)﻿(dc) only if the content of the recommendation has been developed in consultation with the New Zealand Local Government Association Incorporated.
5: Regulations under this section are secondary legislation ( see Part 3 1974 No 66 s 37ZZZI The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 259(1)﻿(d)﻿(i) replaced 5 December 2012 section 32(1) Local Government Act 2002 Amendment Act 2012 Section 259(1)﻿(d)﻿(i) amended 22 October 2019 section 29 Local Government Act 2002 Amendment Act 2019 Section 259(1)﻿(da) inserted 27 November 2010 section 39(1) Local Government Act 2002 Amendment Act 2010 Section 259(1)﻿(db) inserted 27 November 2010 section 39(1) Local Government Act 2002 Amendment Act 2010 Section 259(1)﻿(dc) inserted 5 December 2012 section 32(2) Local Government Act 2002 Amendment Act 2012 Section 259(1)﻿(dd) inserted 5 December 2012 section 32(2) Local Government Act 2002 Amendment Act 2012 Section 259(1)﻿(e) replaced 8 August 2014 section 67 Local Government Act 2002 Amendment Act 2014 Section 259(1)﻿(f) inserted 8 August 2014 section 67 Local Government Act 2002 Amendment Act 2014 Section 259(1)﻿(g) inserted 8 August 2014 section 67 Local Government Act 2002 Amendment Act 2014 Section 259(2) added 27 November 2010 section 39(2) Local Government Act 2002 Amendment Act 2010 Section 259(3) inserted 5 December 2012 section 32(3) Local Government Act 2002 Amendment Act 2012 Section 259(3)﻿(a)﻿(ii) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 259(4) inserted 5 December 2012 section 32(3) Local Government Act 2002 Amendment Act 2012 Section 259(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
259A: Levy to fund rules for performance measures
1: Regulations may be made under section 259
2: The purpose of the levy is to recover all or part of the reasonable cost of making rules specifying performance measures.
3: Regulations made for the purpose of this section may—
a: specify the categories of local authorities that are liable to pay the levy:
b: prescribe the amount or method of calculation of the levy:
c: prescribe different amounts or methods of calculation of the levy in relation to different categories of local authority:
d: provide for the manner in which the levy is collected.
4: All levy money collected under this section must be paid into a Crown Bank Account.
5: Any levy—
a: must be reasonable having regard to the expenses incurred or to be incurred by the Secretary in relation to the making of rules under section 261B
b: is payable to the Secretary and recoverable in a court of competent jurisdiction as a debt due to the Secretary.
6: The Minister may recommend the making of regulations that impose a levy only if the Minister has first consulted the New Zealand Local Government Association Incorporated. Section 259A inserted 27 November 2010 section 40 Local Government Act 2002 Amendment Act 2010
259B: Power to refund levy
The Secretary may refund the whole or any part of the levy if the Secretary is satisfied that the amount of levy money collected exceeds the amount necessary to fulfil the purpose of the levy stated in section 259A(2) Section 259B inserted 27 November 2010 section 40 Local Government Act 2002 Amendment Act 2010
259C: Auditor-General must report on disclosures made under certain regulations
1: This section applies to the Auditor-General if regulations are made under section 259(1)﻿(dd)
2: The Auditor-General must report on the completeness and accuracy of the disclosures made by each local authority in the report required from him or her under section 94(1) 99(1) Section 259C inserted 5 December 2012 section 33 Local Government Act 2002 Amendment Act 2012 Section 259C(2) amended 8 August 2014 section 75 Local Government Act 2002 Amendment Act 2014
259D: Regulations may incorporate financial reporting standards by reference
1: Regulations made under section 259(1)﻿(dc) in effect under the Financial Reporting Act 2013 section 5(1)
2: Financial reporting standards may be incorporated by reference in the regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: Financial reporting standards incorporated by reference in regulations made under section 259(1)﻿(dc) Section 259D inserted 5 December 2012 section 33 Local Government Act 2002 Amendment Act 2012 Section 259D(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
259E: Effect of amendments to, or replacement of, standards incorporated by reference in regulations
1: An amendment to, or replacement of, a financial reporting standard incorporated by reference in regulations made under section 259(1)﻿(dc) initial regulations
a: the amendment or replacement is made by the External Reporting Board in accordance with the Financial Reporting Act 2013
b: the amendment or replacement is of the same general character as the standard amended or replaced; and
c: the initial regulations state that amendments or replacements have this effect.
2: An amendment to, or replacement of, a financial reporting standard has legal effect as part of the initial regulations on and from the dates on which the amendment or replacement takes effect, and commences to apply, under sections 27 28 Financial Reporting Act 2013 Section 259E inserted 5 December 2012 section 33 Local Government Act 2002 Amendment Act 2012 Section 259E(1)﻿(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 259E(2) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
259F: Proof of standards incorporated by reference
1: A copy of financial reporting standards incorporated by reference in regulations, including any amendment to, or replacement of, the standards must be—
a: certified as a correct copy by the Secretary; and
b: retained by the Secretary.
2: The production in proceedings of a certified copy of the financial reporting standards is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the standards. Section 259F inserted 5 December 2012 section 33 Local Government Act 2002 Amendment Act 2012
259G: Effect of expiry or revocation of standards incorporated by reference
Financial reporting standards incorporated by reference in regulations made under section 259(1)﻿(dc) Section 259G inserted 5 December 2012 section 33 Local Government Act 2002 Amendment Act 2012
259H: Access to standards incorporated by reference
1: The department responsible for the administration of this Act must—
a: provide electronic access to any financial reporting standards incorporated by reference in regulations made under section 259(1)﻿(dc)
b: make the standards available for inspection during working hours, free of charge, at the department's head office and at any other place that the Secretary determines is appropriate.
2: A failure to comply with this section does not invalidate regulations that incorporate any financial reporting standards incorporated by reference in regulations made under section 259(1)﻿(dc) Section 259H inserted 5 December 2012 section 33 Local Government Act 2002 Amendment Act 2012
259I: Application of Legislation Act 2019 to standards incorporated by reference
Subpart 1 section 259(1)﻿(dc) Section 259I replaced 28 October 2021 section 3 Secondary Legislation Act 2021
259J: Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference
Section 259J repealed 5 December 2013 section 4 Local Government Act 2002 Amendment Act 2013 Other Orders in Council Heading inserted 27 November 2010 section 41 Local Government Act 2002 Amendment Act 2010
260: Amendment of Schedule 2 by Order in Council
1: This section applies if—
a: a local authority named or specified in Part 1 Part 2
b: a district or region of a local authority described in Part 1 Part 2 ; or
c: the name of a district or region of a local authority described in Part 1 Part 2 section 11(2)
2: The Governor-General may, by Order in Council, make any amendments to Schedule 2
3: Without limiting subsection (2), an Order in Council under that subsection may be combined with an Order in Council made under section 25
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 260(1)﻿(b) amended 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Section 260(1)﻿(c) added 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Section 260(3) amended 5 December 2012 section 34 Local Government Act 2002 Amendment Act 2012 Section 260(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
261: Circumstances when Order in Council may extend time or validate action taken
1: The Governor-General may, by Order in Council, do 1 or more of the following:
a: extend the time for completing an action, step, or procedure that is required by or under this Act and that is not done or cannot be done by the time required:
b: validate an action, step, or procedure taken after the time required under or by this Act:
c: validate an irregularity of form in an action, step, or procedure required by or under this Act:
d: make provision for a situation for which sufficient provision is not made by or under this Act.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 261(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Rules for performance measures Heading inserted 27 November 2010 section 42 Local Government Act 2002 Amendment Act 2010
261A: Purpose of rules specifying performance measures
The purpose of rules made under section 261B Section 261A inserted 27 November 2010 section 42 Local Government Act 2002 Amendment Act 2010
261B: Secretary must make rules specifying performance measures
1: The Secretary must, as soon as is reasonably practicable, make rules specifying performance measures in relation to the following groups of activities:
a: water supply:
b: sewerage and the treatment and disposal of sewage:
c: stormwater drainage:
d: flood protection and control works:
e: the provision of roads and footpaths.
2: Before making a rule under subsection (1), the Secretary must—
a: consider whether an existing performance measure is suitable for the purpose; and
b: have regard to whether a performance measure—
i: measures the level of service for a major aspect of the group of activities; and
ii: addresses an aspect of the service that is of widespread interest in the communities to which a service in relation to the group of activities is provided; and
iii: contributes to the effective and efficient management of the group of activities.
3: Before making a rule, the Secretary must—
a: consult every local authority; and
b: publish in the Gazette
c: give interested persons a reasonable time, which must be specified in the notice, to make submissions on the proposal; and
d: consult any other persons or groups as the Secretary considers appropriate.
4: Rules under this section are secondary legislation ( see Part 3
5: A rule comes into force 28 days after the date of its publication The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on their website •	make it available for sale at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 261B inserted 27 November 2010 section 42 Local Government Act 2002 Amendment Act 2010 Section 261B(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 261B(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021
261C: Status of rules
Section 261C repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Incorporation by reference Heading inserted 27 November 2010 section 42 Local Government Act 2002 Amendment Act 2010
261D: Incorporation of documents by reference in rules
1: The following written material may be incorporated by reference in a rule made under section 261B
a: standards, requirements, or recommended practices of international or national organisations:
b: standards, requirements, or recommended practices prescribed in any country or jurisdiction:
c: any other written material that deals with technical matters and that is too large or impractical to include in, or print as part of, the rule.
2: Material may be incorporated by reference in a rule—
a: in whole or in part; and
b: with modifications or additions specified in the rule.
3: Material incorporated by reference in a rule has legal effect as part of the rule. Section 261D inserted 27 November 2010 section 42 Local Government Act 2002 Amendment Act 2010
261E: Proof of material incorporated by reference
1: A copy of material incorporated by reference in a rule, including any amendment to, or replacement of, the material, must be—
a: certified by the Secretary as a correct copy of the material incorporated by reference; and
b: retained by the Secretary.
2: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence that the material is incorporated by reference in the rule. Section 261E inserted 27 November 2010 section 42 Local Government Act 2002 Amendment Act 2010
261F: Effect of change to, or expiry of, material incorporated by reference
1: This section applies to—
a: an amendment to, or a replacement of, material incorporated by reference in a rule:
b: material incorporated by reference in a rule if the material expires, is revoked, or ceases to have effect.
2: The amendment or replacement has legal effect as part of the rule only if the rule is varied to state that the amendment or replacement has that effect.
3: The material described in subsection (1)﻿(b) ceases to have legal effect as part of the rule only if the rule is varied to state that the material ceases to have effect. Section 261F inserted 27 November 2010 section 42 Local Government Act 2002 Amendment Act 2010
261G: Consultation on proposal to incorporate material by reference
1: Before a rule is made under section 261B
a: must make copies of any material proposed to be incorporated by reference in the rule (or the proposed amendment to, or replacement of, material incorporated by reference in the rule) (the proposed material
b: must make copies of the proposed material available for purchase at a reasonable price; and
c: must make copies of the proposed material available, free of charge, on the Secretary’s Internet site
d: may make copies of the proposed material available in any way that the Secretary considers appropriate in the circumstances; and
e: must give notice in the Gazette
i: that the proposed material is available for inspection during working hours and free of charge, the place at which it can be inspected, and the period during which it can be inspected; and
ii: that copies of the proposed material can be purchased and the place at which they can be purchased; and
iii: if applicable, that the proposed material is available on the Internet free of charge and the Internet site address; and
f: must allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
g: must consider any comments made.
2: The reference in subsection (1) to any material proposed to be incorporated by reference in a rule includes, if the material is not in an official New Zealand language, an accurate translation of that material in an official New Zealand language.
3: A failure to comply with this section does not invalidate a rule that incorporates material by reference. Section 261G inserted 27 November 2010 section 42 Local Government Act 2002 Amendment Act 2010 Section 261G(1)﻿(c) amended 21 March 2019 section 23 Local Government Regulatory Systems Amendment Act 2019
261H: Access to material incorporated by reference
1: The Secretary—
a: must make the material referred to in subsection (2) available for inspection during working hours, free of charge, at the offices of the Secretary; and
b: must make copies of the incorporated material available for purchase at a reasonable price; and
c: must make copies of the incorporated material available, free of charge, on the Secretary’s Internet site
d: may make copies of the incorporated material available in any other way that the Secretary considers appropriate in the circumstances; and
e: must give notice in the Gazette
i: that the material is incorporated in the rule and the date on which the rule was made; and
ii: that the material is available for inspection during working hours free of charge and the place at which it can be inspected; and
iii: that copies of the material can be purchased and the place at which they can be purchased; and
iv: that the material is available on the Internet and free of charge, and the Internet site address; and
v: if copies of the material are available under paragraph (d), how and where the copies may be obtained or accessed.
2: The material referred to in subsection (1) is—
a: material incorporated by reference in the rule:
b: any amendment to, or replacement of, that material that is incorporated in the rule or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
c: if the material referred to in paragraph (a) is not in an official New Zealand language, as well as the material itself, an accurate translation of that material in an official New Zealand language.
3: A failure to comply with this section does not invalidate a rule that incorporates material by reference. Section 261H inserted 27 November 2010 section 42 Local Government Act 2002 Amendment Act 2010 Section 261H(1)﻿(c) amended 21 March 2019 section 24 Local Government Regulatory Systems Amendment Act 2019 Rules establishing requirements of form Heading inserted 21 March 2019 section 25 Local Government Regulatory Systems Amendment Act 2019
261I: Secretary may make rules establishing requirements of form
1: The Secretary may make rules establishing requirements of form for information or documents that a local authority is required under this Act or any other Act to make publicly available or to provide to anyone.
2: The purposes for which rules may be made under subsection (1) are—
a: to ensure that information or documents that a local authority is required to make publicly available are widely accessible, including to persons with disabilities:
b: to ensure that information that a local authority is required to make publicly available is presented in a reusable format to facilitate collation or research.
3: Before making any such rules, the Secretary must—
a: consult every local authority; and
b: publish in the Gazette
c: give interested persons a reasonable time, which must be specified in the notice, to make submissions on the proposal.
4:
5: Rules made under this section are effective 28 days after the date of publication under the Legislation Act 2019
6: Rules under this section—
a: are secondary legislation ( see Part 3
b: commence in accordance with subsection (5). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on their website Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 261I inserted 21 March 2019 section 25 Local Government Regulatory Systems Amendment Act 2019 Section 261I(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 261I(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 261I(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
12: Consequential amendments, repeals, revocations, transitional provisions, and savings
Consequential amendments, repeals, and revocations
262: Consequential amendments
The Acts specified in Schedule 16
263: Water services
Amendment(s) incorporated in the Act(s)
264: Amendment to Personal Property Securities Act 1999
Amendment(s) incorporated in the Act(s)
265: New Schedule added to Receiverships Act 1993
Amendment(s) incorporated in the Act(s)
266: Repeals
The enactments specified in Schedule 18
267: Repeal of enactments relating to special consultative procedure
Amendment(s) incorporated in the Act(s)
268: Repeal of Local Government (Prohibition of Liquor in Public Places) Amendment Act 2001
1: The Local Government (Prohibition of Liquor in Public Places) Amendment Act 2001 is repealed.
2: Without limiting the provisions of the Interpretation Act 1999 Local Government Act 1974
269: Repeal of spent local Acts
The enactments specified in Schedule 19
270: Repeal of provisions relating to regional parks of Wellington Regional Council
Amendment(s) incorporated in the Act(s) Sections 619 and 619C to 619I are to be repealed as from the close of the period of 60 months beginning with the date of commencement of this section. 2008-07-01 s 619 s 619C s 619D s 619E s 619F s 619G s 619H s 619I
271: Lake Taupo Regulations 1976
1: Unless sooner revoked, the Lake Taupo Regulations 1976 (SR 1976/330) continue in force until the close of 30 June 2003, or such later date (not being later than 30 June 2004) as may be specified by Order in Council, as if the Harbours Act 1950 had not been repealed by section 10
2: The Governor-General may from time to time, by Order in Council, make regulations—
a: amending the regulations specified in subsection (1) by providing for any purpose for which navigation bylaws may be made or for which maritime rules may be made:
b: revoking the regulations specified in subsection (1), in whole or in part.
3: Amendment(s) incorporated in the Act(s)
4: This section has effect despite anything in section 12
272: Revocations
The Orders in Council specified in Schedule 20 Transitional provisions
273: First triennial agreement
All local authorities within a region on 1 July 2003 must, before the close of 31 December 2003, enter into an agreement under section 15
274: First local governance statement
Every local authority that is in existence on 1 July 2003 must, before the close of 31 December 2003, prepare and make publicly available a local governance statement that includes the information required by section 40(1)
275: First policy on appointment of directors
Every local authority that is in existence on the passing of this Act must, before the close of 30 June 2003, adopt a policy in accordance with section 57(1)
276: First statement of intent and report and accounts of existing local authority trading enterprises
1: Every council-controlled organisation that is, immediately before 1 July 2003, a local authority trading enterprise within the meaning of section 594B
a: must, subject to section 64(2)
b: must, despite the repeal of sections 594Z to 594ZC
2: For the purposes of subsection (1)﻿(b), sections 594Z to 594ZC
277: First statement of intent of other council-controlled organisations
Every council-controlled organisation (other than one to which section 276 section 64(2)
278: First policy on significance
Every local authority that is in existence at the commencement of section 90
279: Long-term council community plan
Section 279 repealed 27 November 2010 section 43 Local Government Act 2002 Amendment Act 2010
280: Long-term
Every local authority must adopt under section 93 Section 280 heading amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010 Section 280 amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010
281: Annual plan
Section 281 repealed 27 November 2010 section 44 Local Government Act 2002 Amendment Act 2010
282: Certain decisions to be taken only if provided for in annual plan or special consultative procedure used
Section 282 repealed 27 November 2010 section 44 Local Government Act 2002 Amendment Act 2010
283: Annual reports
1: If a local authority has prepared and adopted a report under section 223D section 223E Part 7A
2: For the avoidance of doubt, sections 98 99 section 223E
3: This section applies to the Chatham Islands Council—
a: as if, in subsection (1), for the words section 223D of the Local Government Act 1974 section 10 of the Chatham Islands Council Act 1995
b: as if, in subsection (1), for the expression section 223E section 11
c: as if, in subsection (1), for the words Part 7A of that Act Part 7A of the Local Government Act 1974
d: as if, in subsection (2), for the words section 223E of the Local Government Act 1974 section 11 of the Chatham Islands Council Act 1995
284: First annual plan
A local authority in existence at the commencement of section 95 section 93 Section 284 amended 27 November 2010 section 49 Local Government Act 2002 Amendment Act 2010
285: First assessment of water and sanitary services
Every territorial authority must, not later than the close of 30 June 2005, make its first assessment under section 125
286: Waste management plan
If, at the commencement of this section, a territorial authority does not have in force in respect of its district a waste management plan adopted under section 539
287: Special consultative procedure
1: This section applies to any requirement under any Act that a local authority use or adopt the special consultative procedure in relation to any plan or proposal.
2: A special consultative procedure commenced by a local authority under section 716A section 83
288: Decision-making processes commenced before enactment
Section 288 repealed 27 November 2010 section 45 Local Government Act 2002 Amendment Act 2010
289: Special orders
1: This section applies in relation to any power given to a local authority by the Local Government Act 1974
2: If, in relation to the exercise of any power to which this section applies, a local authority has, before 1 July 2003, begun proceedings under section 716B
289A: Special orders on or after 1 July 2003
1: This section applies—
a: to any power that a local authority is required to exercise by special order under the Local Government Act 1974
b: to an exercise of the power on or after 1 July 2003, and before the commencement of the Local Government Act 1974 Amendment Act 2004
2: A power is to be treated as having been exercised lawfully, and as having always been exercised lawfully, if subsection (3) or subsection (4) is complied with.
3: This subsection is complied with if—
a: the power has been exercised in accordance with the special order procedure in the Local Government Act 1974
b: the decision to exercise the power was made in accordance with sections 76 to 83
4: This subsection is complied with if—
a: the power has been exercised in accordance with the special consultative procedure in the Local Government Act 2002; and
b: the decision to exercise the power was made in accordance with sections 76 to 83 Section 289A inserted 7 July 2004 section 23 Local Government Act 2002 Amendment Act 2004
290: Development contributions
The power that a local authority has, under section 198
a: the requirement is made in respect of the granting, on or after 1 July 2003, of—
i: a resource consent; or
ii: a building consent; or
iii: an authorisation for a service connection; and
b: the application for the resource consent, building, consent, or authorisation—
i: is made on or after 1 July 2003; or
ii: was made in the period beginning on 19 December 2001 and ending with the close of 30 June 2003.
291: Reorganisation proposals
1: If, at the commencement of this section, any proceedings relating to—
a: a reorganisation proposal filed before the commencement of this section under section 37ZP
b: any draft reorganisation scheme, appeal, review, or other matter arising from the filing of a proposal of the kind described in paragraph (a),— have not been determined or completed, those proceedings may be continued and completed and are to be dealt with under the Local Government Act 1974 Part 2BB Part 2BC
2: Any person who, if this Act had not been enacted, would have had—
a: a right of appeal to the Commission or the High Court; or
b: a right to make any application for review,— in respect of any proceedings to which subsection (1) applies will continue to have that right and that right may be exercised as if the enactments repealed by this Act had continued in force.
3: Nothing in this section limits the right of any person to withdraw an application, notice, or proposal.
292: Existing charges
1: This section applies to any security interest that, immediately before the commencement of this section, was registered under section 122ZH
2: Every security interest to which this section applies must be treated as a prior security interest for the purposes of Part 12
a: every reference in that Part to prior registration law were a reference to section 122ZH
b: the transitional period were the period of 6 months commencing on the commencement of this section.
293: Bylaws
1: Bylaws made or having effect under provisions of the Local Government Act 1974
2: Legal proceedings in relation to bylaws continued by subsection (1) that are pending by or against a council on the commencement of this section may be carried on, completed, enforced, or defended by or against the council as if this Act had not been passed.
3: Every bylaw to which this section applies that is not revoked or that does not expire before 1 July 2008, is revoked on that date. Section 293(3) added 28 June 2006 section 26 Local Government Act 2002 Amendment Act 2006
294: Standing orders
1: Local authority bylaws, and rules made by resolution of a local authority that constitute the standing orders of a local authority when Schedule 7 clause 27
2: Standing orders established under the Local Government Act 1974 Schedule 7
295: Communities and community boards
A community constituted under section 101ZG
296: Chief executive
1: A person who, immediately before the commencement of this section, holds office under section 119C(1)﻿(a) section 42
2: Nothing in subsection (1) prevents any terms or conditions of employment continued in force by that subsection from being varied or superseded by agreement.
297: Members of Commission
1: A person who, immediately before the commencement of this section, holds office, under section 37Y section 37ZA section 37ZB Schedule 4
2: The term of office of a person deemed by subsection (1) to have been appointed under clause 2 clause 3 Local Government Act 1974
298: Community trusts
1: This section applies to any community trust which is established under section 225D
2: Subject to the trust deed establishing a community trust to which this section applies, such a community trust continues in existence, and the provisions of subsections (3) and (4) of section 225D sections 225E to 225M
3: Where any local authority or council-controlled organisation or subsidiary of a council-controlled organisation sells any shares or equity securities in any port company established under the Port Companies Act 1988
a: the payment of costs related to the sale; and
b: the performance of any functions of that local authority; and
c: a payment to a community trust to which this section applies.
299: Borrowing from sinking fund
1: Despite the repeal of section 122ZAA
a: borrow from the Commissioners of any sinking fund established by the local authority under the Local Authorities Loans Act 1956 or any former enactment; and
b: meet the costs of the borrowing (including interest and principal) from the proceeds of any rate.
2: Section 86(6) of the Local Authorities Loans Act 1956 does not limit subsection (1)﻿(a).
300: Cancellation of part of loan in respect of which sinking fund is held
If a local authority has, before the commencement of this section, established a sinking fund to provide for the repayment of any loan, and if, after the commencement of this section, it repurchases and cancels or redeems or otherwise repays in part any loan in respect of which the sinking fund is held before its stated maturity, the local authority may, with the consent in writing of the Auditor-General, require the release to the local authority of such amount of the sinking fund as will leave it (with probable accumulations of interest) sufficient to repay the balance of the loan at maturity. 1974 No 66 s 122ZR(1)
301: Consent required for release of sinking fund
1: If a sinking fund established by a local authority for the repayment of any loan is in existence immediately before the commencement of this section, the local authority may, if consent is given in accordance with subsection (2), require the release to the local authority within 4 months of all amounts standing to the credit of that sinking fund or the transfer of the securities in which those amounts are invested.
2: Consent is given in accordance with this subsection if—
a: consent is given in writing; and
b: consent is given by the Commissioners of the sinking fund; and
c: consent is given by—
i: the creditor of the relevant loan; or
ii: if there are 2 or more creditors of the relevant loan,—
A: all creditors of the relevant loan; or
B: some creditors of the relevant loan, if the sinking fund is sufficient to repay the balance of the loan on maturity in respect of amounts owed to creditors who do not consent.
3: Before a local authority makes a request for the release of a sinking fund under subsection (1), it must ensure that the local authority will have available, in easily realisable funds, such amounts as may be required to repay the principal or interest of the loan when the principal or interest becomes payable. 1974 No 66 s 122ZR(2), (2A), (3)
302: Provisions relating to Public Trust and Board of Trustees of National Provident Fund
In the case of any appointment of the Public Trust or the Board of Trustees of the National Provident Fund (referred to in this section as the retiring Commissioner
a: the retiring Commissioner may, with the consent of the Governor-General in Council and of the proposed replacement Commissioner, revoke that appointment and appoint any person otherwise entitled to be a Commissioner in the retiring Commissioner's place; and
b: the retiring Commissioner must, immediately after the revocation of the retiring Commissioner's appointment, transfer the money or assets representing the sinking fund to the replacement Commissioner; and
c: no liability will be incurred by the retiring Commissioner in respect of any sinking fund after completion of the transfer of the money or assets representing that fund. 1974 No 66 s 122ZR(4)
303: Public Bodies Leases Act 1969
1: Every territorial authority and regional council ceases, as from the commencement of this section, to be a leasing authority for the purposes of the Public Bodies Leases Act 1969
2: Despite subsection (1) and section 262 Public Bodies Leases Act 1969
a: any lease or tenancy granted by a territorial authority or regional council before the commencement of this section and current at the commencement of this section; or
b: any lease or tenancy granted after the commencement of this section in renewal of a lease or tenancy to which the Public Bodies Leases Act 1969
304: Sale of land purchased for commercial or industrial purposes
Despite the repeal by this Act of section 572
305: Local Authorities (Employment Protection) Act 1963
Section 55(3)
306: Local Authorities Loans Act 1956
1: Sections 21 22
2: Despite subsection (1) and clauses 60(1) and 61 of Schedule 3
307: Existing proceedings
All applications, actions, appeals, proceedings, and other matters under any Act which, before the commencement of this section, have been made or referred under any provision of the Local Government Act 1974
308: Existing causes of action
1: Subject to the applicable period of limitation, the repeal by this Act of any existing Act or provision does not extinguish any existing cause of action.
2: If any cause of action has arisen before the commencement of this section under any of the provisions repealed by this Act and, at commencement of this section, no proceedings have been initiated in respect of that cause of action under those provisions, those provisions continue to apply to any proceedings commenced in respect of any such cause of action as if this Act had not been passed. Savings
309: Saving
1: The repeal of any provision by this Act does not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, is to continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.
2: Subsection (1) does not limit the provisions of the Interpretation Act 1999
310: Saving in respect of bylaws of Transit New Zealand
The repeal of section 684(1)﻿(38) to (40) section 61(3) of the Transit New Zealand Act 1989 power of the New Zealand Transport Agency section 61(3) Government Roading Powers Act 1989 Section 310 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
311: Savings in respect of bylaws made in respect of government roads
The repeal of section 684(1)﻿(38) to (40) section 48(2)
312: Savings and validation in respect of remuneration, allowances, and expenses of elected members
1: Every determination, resolution, or other document which was in force under Part 4C
a: is deemed to have continued in force until the commencement of this section; and
b: is to continue in force after the commencement of this section until it is superseded or revoked by a determination made by the Remuneration Authority under—
i: Part 4C section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001
ii: this Act.
2: In relation to the period beginning with the commencement of section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 and ending with the commencement of this section, the provisions of Part 4C
3: The provisions of Part 4C
a: Part 4C
b: this Act.
4: A determination made by the Remuneration Authority under Part 4C
5: Despite subsections (1) to (4) and the provisions of sections 4 and 5 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001, the provision made by section 14(aa)
a: is deemed to have continued in force until the commencement of this section; and
b: continues in force after the commencement of this section until the earlier of—
i: the date on which the rate of the remuneration payable to members of that trust board is first approved after the commencement of this section under the Fees and Travelling Allowances Act 1951
ii: the close of 30 April 2003.
313: Saving in respect of Infrastructure Auckland
Section 313 repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
314: Prohibition of vehicles and consumption or possession of intoxicating liquor in public place
1: Every prohibition that, on the commencement of this section, is in force under any provision of sections 709A to 709H
2: A territorial authority may, by bylaw made under section 146(b)
3: Every prohibition continued in force by subsection (1) is deemed,—
a: for the purposes of sections 169 239 240 Part 8
b: for the purpose of section 170 section 147