Local Government Act 1974

1: Short Title and commencement
1: This Act may be cited as the Local Government Act 1974.
2: Section 138(2) Schedule 3
3: Except as provided in subsection (2), this Act shall come into force on 1 December 1974.
2: Interpretation
1: In this Act, unless the context otherwise requires,— Act adjusted net capital value annual plan section 223D annual report section 233E building consent section 7 capital value Rating Valuations Act 1998 chairperson deputy chairperson commercial or industrial purpose commercial or industrial allotment commercial or industrial building Commission community section 101ZG community board section 101ZP constituency
a: means a constituency of a region that is under the jurisdiction of a regional council and is established for electoral purposes under this Act; but
b: does not include any subdivision for electoral purposes of a territorial authority that has the functions, duties, and powers of a regional council constituent authority constituent district construction construct council debt security Securities Act 1978 Director of Maritime New Zealand section 439 district district council Part 1A district plan operative proposed plan section 2 elector section 23 section 24 engineer Environment Court Resource Management Act 1991 equity security Securities Act 1978 farm land farming farming purposes final scheme Part 1 section 15B financial year
a: in relation to any period before 1 April 1990, a period of 12 months ending with 31 March:
b: in relation to the period commencing on 1 April 1990 and ending with 30 June 1990, that period of 3 months:
c: in relation to any period commencing on or after 1 July 1990, a period of 12 months ending with 30 June formation form general election Local Electoral Act 2001 general revenues Part 7B generally accepted accounting practice
a: approved financial reporting standards (within the meaning of section 2
b: in relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2
i: are appropriate to the local authority or local authority trading enterprise, as the case may be; and
ii: have authoritative support within the accounting profession in New Zealand government road laying out local authority section 5(1) maritime facilities Maritime New Zealand section 429 maritime rules Maritime Transport Act 1994 medical practitioner section 114(1)﻿(a) member Minister navigation bylaws section 684B navigational aid section 2(1) net capital value occupier owner parliamentary elector Electoral Act 1993 pleasure craft section 2(1) polling day pollutant pollute principal administrative officer principal local authority section 37ZY property public notice
a: a notice published in a newspaper circulating generally in the district to which the subject matter of the notice relates; or
b: where there is no newspaper circulating generally in any district, a notice published on placards affixed to public places in the district to which the subject matter of the notice relates;— and published publicly notified public office office public work public work within the meaning of the Public Works Act 1981 rate records Local Government (Rating) Act 2002 rateable value Local Government (Rating) Act 2002 ratepayer region
a: a regional council is constituted; or
b: a territorial authority has, pursuant to section 37N regional council
a: has the same meaning as in section 5(1)
b: includes, in Part 39A sections 684B to 684F regional planning scheme reorganisation scheme reorganisation scheme within the meaning of section 37ZZA section 37ZZZA road section 315 rural area district plan Secretary ship section 2(1) special consultative procedure section 83 State highway section 60 Government Roading Powers Act 1989 territorial authority section 5(1) territorial authority district treasurer upgrading valuation roll section 7 section 11 ward 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
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
2: The Governor-General may, from time to time, by Order in Council,—
a: add to, or omit from, Schedule 1
b: otherwise amend Schedule 1
3:
4: For the purposes of this Act, any 2 or more districts or communities shall be deemed to be adjoining districts or communities and any area shall be deemed to adjoin a district or community or another area, notwithstanding that they may be separated by a public highway, any railway, any watercourse (whether natural or artificial), any harbour, the sea, or any other natural or artificial feature
5: For the purposes of this Act, the certificate of the Government Statistician as to the population of any district or area or the electoral population of any general electoral district, Maori electoral district, district, or area
6: Every provision of this Act vesting any land in a territorial authority shall, in the case of land situated in a territorial authority district of which the Minister of Local Government 1967 No 134 s 2 Section 2(1) Act inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) adjusted net capital value replaced 29 June 1988 Rating Powers Act 1988 Section 2(1) administering authority repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) annual plan inserted 27 July 1996 section 2 Local Government Amendment Act (No 3) 1996 Section 2(1) annual report inserted 27 July 1996 section 2 Local Government Amendment Act (No 3) 1996 Section 2(1) borough repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) borough council repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) building consent inserted 1 July 1992 Building Act 1991 Section 2(1) building consent amended 31 March 2005 section 414 Building Act 2004 Section 2(1) capital value inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) capital value amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 2(1) chairman repealed 1 November 1989 section 2(1) Local Government Amendment Act (No 2) 1989 Section 2(1) chairperson inserted 1 November 1989 section 2(1) Local Government Amendment Act (No 2) 1989 Section 2(1) clerk repealed 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) commercial or industrial purpose inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) community replaced 1 November 1989 section 2(2) Local Government Amendment Act (No 2) 1989 Section 2(1) community board inserted 1 November 1989 section 2(3) Local Government Amendment Act (No 2) 1989 Section 2(1) community council repealed 1 November 1989 section 2(3) Local Government Amendment Act (No 2) 1989 Section 2(1) constituency replaced 1 July 1992 section 2(1) Local Government Amendment Act 1992 Section 2(1) constituent district replaced 1 July 1992 section 2(2) Local Government Amendment Act 1992 Section 2(1) construction inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) council replaced 1 July 1992 section 2(3) Local Government Amendment Act 1992 Section 2(1) county repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) Crown health enterprise repealed 1 July 1998 Health and Disability Services Amendment Act 1998 Section 2(1) debt security inserted 1 November 1989 section 2(4) Local Government Amendment Act (No 2) 1989 Section 2(1) Director of Maritime New Zealand inserted 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) Director of Maritime Safety repealed 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) District Commissioner of Works repealed 1 April 1988 Local Government Amendment Act 1988 Section 2(1) district community council repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) district council amended 1 November 1989 section 2(15)﻿(a) Local Government Amendment Act (No 2) 1989 Section 2(1) district health board repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) district plan, operative inserted 1 October 1991 section 362 Resource Management Act 1991 Section 2(1) district scheme, operative repealed 1 October 1991 section 362 Resource Management Act 1991 Section 2(1) divided district repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) elector replaced 17 June 1986 section 2(1) Local Government Amendment Act 1986 Section 2(1) elector amended 1 July 2001 section 151 Local Electoral Act 2001 Section 2(1) engineer inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) Environment Court inserted 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 2(1) equity security inserted 1 November 1989 section 2(5) Local Government Amendment Act (No 2) 1989 Section 2(1) farm land inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) final scheme replaced 6 June 1989 section 2(6) Local Government Amendment Act (No 2) 1989 Section 2(1) financial year replaced 1 November 1989 section 2(7) Local Government Amendment Act (No 2) 1989 Section 2(1) formation inserted 30 March 1985 section 2(1) Local Government Amendment Act 1985 Section 2(1) general election replaced 1 July 2001 section 151 Local Electoral Act 2001 Section 2(1) general revenues inserted 1 July 1992 section 2(4) Local Government Amendment Act 1992 Section 2(1) general revenues amended 1 July 1998 section 17(1) Local Government Amendment Act (No 3) 1996 Section 2(1) generally accepted accounting practice inserted 27 July 1996 section 2 Local Government Amendment Act (No 3) 1996 Section 2(1) government road inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) hospital and health service repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(1) laying out inserted 30 March 1985 section 2(2) Local Government Amendment Act 1985 Section 2(1) local authority replaced 7 July 2004 section 3(1) Local Government Act 1974 Amendment Act 2004 Section 2(1) maritime facilities inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) Maritime New Zealand inserted 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) maritime rules inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) Maritime Safety Authority repealed 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member replaced 1 November 1989 section 2(9) Local Government Amendment Act (No 2) 1989 Section 2(1) navigation bylaws inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) navigational aid inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) net capital value inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) occupier inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) out-district repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) owner inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) parliamentary elector inserted 17 June 1986 section 2(2) Local Government Amendment Act 1986 Section 2(1) parliamentary elector amended 1 July 1994 section 284 Electoral Act 1993 Section 2(1) Planning Tribunal repealed 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 2(1) pleasure craft inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) polling day inserted 17 June 1986 section 2(3) Local Government Amendment Act 1986 Section 2(1) pollutant inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) principal administrative officer replaced 1 November 1989 section 2(10) Local Government Amendment Act (No 2) 1989 Section 2(1) principal authority repealed 25 November 1976 Local Government Amendment Act 1976 Section 2(1) principal local authority inserted 1 November 1989 section 2(10) Local Government Amendment Act (No 2) 1989 Section 2(1) principal officer repealed 19 January 1981 section 2(1) Local Government Amendment Act 1980 Section 2(1) property inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) public notice replaced 1 July 1992 section 2(5) Local Government Amendment Act 1992 Section 2(1) public office office replaced 1 November 1989 section 2(11) Local Government Amendment Act (No 2) 1989 Section 2(1) public work inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) public work amended 1 February 1982 section 248(1) Public Works Act 1981 Section 2(1) rate records replaced Rating Powers Act 1988 Section 2(1) rate records amended 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 2(1) rateable value replaced 29 June 1988 Rating Powers Act 1988 Section 2(1) rateable value amended 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 2(1) ratepayer inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) rating qualification repealed 17 June 1986 section 2(4) Local Government Amendment Act 1986 Section 2(1) region replaced 28 July 1997 section 2(1) Local Government Amendment Act 1997 Section 2(1) regional council replaced 7 July 2004 section 3(2) Local Government Act 1974 Amendment Act 2004 Section 2(1) regional planning scheme inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) regional road repealed 1 July 1992 section 2(8) Local Government Amendment Act 1992 Section 2(1) regional scheme repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) reorganisation scheme replaced 1 July 1994 section 2(1) Local Government Amendment Act 1994 Section 2(1) residential qualification repealed 17 June 1986 section 2(4) Local Government Amendment Act 1986 Section 2(1) riding repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) road repealed 20 November 1981 Local Government Amendment Act (No 2) 1981 Section 2(1) road inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) rural area inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) scheme repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) ship inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) special consultative procedure replaced 7 July 2004 section 3(3) Local Government Act 1974 Amendment Act 2004 Section 2(1) special order repealed 7 July 2004 section 3(4) Local Government Act 1974 Amendment Act 2004 Section 2(1) State highway inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) State highway amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) State highway amended 1 October 1989 section 116(4) Section 2(1) subdivision repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) territorial authority replaced 7 July 2004 section 3(5) Local Government Act 1974 Amendment Act 2004 Section 2(1) territorial authority district replaced 1 July 1992 section 2(11) Local Government Amendment Act 1992 Section 2(1) treasurer inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) undivided district repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) united council repealed 1 November 1989 section 2(17) Local Government Amendment Act (No 2) 1989 Section 2(1) upgrading inserted 30 March 1985 section 2(3) Local Government Amendment Act 1985 Section 2(1) valuation roll replaced 29 June 1988 Rating Powers Act 1988 Section 2(1) valuation roll amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 2(1) ward replaced 1 July 1992 section 2(12) Local Government Amendment Act 1992 Section 2(1) working day inserted 1 November 1989 section 2(14) Local Government Amendment Act (No 2) 1989 Section 2(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 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(2) replaced 1 November 1989 section 2(18) Local Government Amendment Act (No 2) 1989 Section 2(3) repealed 1 November 1989 section 2(18) Local Government Amendment Act (No 2) 1989 Section 2(4) amended 25 November 1976 Local Government Amendment Act 1976 Section 2(5) inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(5) amended 18 June 1986 section 2(3) Local Government Amendment Act (No 2) 1986 Section 2(6) inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(6) amended 1 April 1988 Local Government Amendment Act 1988
2A: Functions, powers, and duties of Minister of Local Government
Section 2A repealed 1 July 2003 section 266 Local Government Act 2002
2B: Secretary for Local Government
Section 2B repealed 1 July 2003 section 266 Local Government Act 2002
1: The Local Government Commission
Part 1 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 The Commission Heading repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
3: Local Government Commission
Section 3 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
4: Term of office of members
Section 4 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
5: Extraordinary vacancies
Section 5 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
6: Deputies of members
Section 6 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
7: Deputy chairman
Section 7 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
8: Temporary members
Section 8 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
8A: Committees
Section 8A repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
9: Meetings
Section 9 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
10: Remuneration, allowances, and expenses
Section 10 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
11: Commission may co-opt specialist advice
Section 11 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
11A: Power of Commission to engage consultants
Section 11A repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
12: Officers of Commission
Section 12 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
13: Commission to be a commission of inquiry
Section 13 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989
14: Evidence in proceedings before Commission
Section 14 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 Functions and powers of Commission Heading repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
15: Functions of Commission
Section 15 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
15A: Object
Section 15A repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
15B: Duty of Commission to prepare final reorganisation schemes
Section 15B repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
15C: Power of Commission to confirm, in respect of any part of New Zealand, the existing system of local government
Section 15C repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
15D: Commission's obligation to give priority to preparation of final reorganisation schemes
Section 15D repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
15E: Procedures for preparing final reorganisation schemes
Section 15E repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
16: Commission may direct investigations
Section 16 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 Regional schemes Heading repealed 1 April 1990 section 3(1) Local Government Amendment Act (No 2) 1989
17: Regional schemes
Section 17 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
18: Procedure for preparation of regional schemes
Section 18 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
19: Holding of public meetings
Section 19 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
20: Notice of provisional regional scheme
Section 20 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
21: Objections to provisional regional scheme
Section 21 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
22: Final regional scheme
Section 22 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
23: Notice of final regional scheme
Section 23 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
24: Minister may refer final regional scheme back to Commission for reconsideration
Section 24 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 Reorganisation schemes Heading repealed 1 April 1990 section 3(1) Local Government Amendment Act (No 2) 1989
25: Matters which may be included in reorganisation schemes
Section 25 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
26: Initiation of reorganisation schemes
Section 26 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
26A: Commission may decide not to proceed with proposal
Section 26A repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
27: Commission to endeavour to negotiate agreements
Section 27 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
28: Electors may request survey to ascertain extent of public opposition to proposal
Section 28 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
29: Conduct of survey
Section 29 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
30: Action to be taken after survey taken
Section 30 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
31: Fate of proposal after survey
Section 31 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
32: Public notice of provisional reorganisation scheme
Section 32 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
33: Objections to provisional reorganisation scheme
Section 33 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
34: Final reorganisation scheme
Section 34 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 Matters common to regional and reorganisation schemes Heading repealed 1 April 1990 section 3(1) Local Government Amendment Act (No 2) 1989
35: Supplementary provisions for giving effect to schemes
Section 35 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
36: Effect to be given to final scheme
Section 36 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37: Provisions to be included in Order in Council
Section 37 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37A: Appeal against determination of Commission
Section 37A repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37B: Exercise of powers conferred by this Part not affected by provisions of other Acts
Section 37B repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37C: Powers of local authority on which jurisdiction conferred for purposes of scheme
Section 37C repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37D: Effect of inclusion of district or part thereof in another district
Section 37D repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37E: Apportionment of assets and liabilities
Section 37E repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37F: Apportionment of loan liabilities
Section 37F repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37G: Apportionment of petroleum tax revenue
Section 37G repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37H: Payment on transfer of trading undertaking
Section 37H repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37HA: Certain matters not affected by transfer of functions, duties, or powers
Section 37HA repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
37HB: Registers
Section 37HB repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 Annual report Heading repealed 1 April 1990 section 3(1) Local Government Amendment Act (No 2) 1989
37I: Annual report
Section 37I repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989
1A: Purposes and structure of local government
Part 1A repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
37J: Commencement
Section 37J repealed 1 July 2003 section 266 Local Government Act 2002
37K: Purposes of local government
Section 37K repealed 1 July 2003 section 266 Local Government Act 2002
37L: Structure of local government
Section 37L repealed 1 July 2003 section 266 Local Government Act 2002
37M: Cities
Section 37M repealed 1 July 2003 section 266 Local Government Act 2002
37N: Unitary authorities
Section 37N repealed 1 July 2003 section 266 Local Government Act 2002
37O: Regional boundaries
Section 37O repealed 1 July 2003 section 266 Local Government Act 2002
37P: Territorial authority boundaries
Section 37P repealed 1 July 2003 section 266 Local Government Act 2002
37Q: Out-districts
Section 37Q repealed 1 July 1992 section 5 Local Government Amendment Act 1992
37R: Minister of Local Government to be territorial authority
Section 37R repealed 1 July 2003 section 266 Local Government Act 2002
37RA: Minister of Conservation to have certain powers of regional council and territorial authority
Section 37RA repealed 1 July 2003 section 266 Local Government Act 2002
37S: Functions of regional councils
Section 37S repealed 1 July 2003 section 266 Local Government Act 2002
37SA: Further provisions relating to functions of regional councils
Section 37SA repealed 1 July 2003 section 266 Local Government Act 2002
37SB: Hazardous waste management
Section 37SB repealed 1 July 2003 section 266 Local Government Act 2002
37SC: Transfer of functions, duties, etc
Section 37SC repealed 1 July 2003 section 266 Local Government Act 2002
37SD: Revocation of transfer of functions, duties, etc
Section 37SD repealed 1 July 2003 section 266 Local Government Act 2002 Auckland regional growth strategy Heading repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
37SE: Auckland regional growth strategy
Section 37SE repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
37SF: Copies of regional growth strategy
Section 37SF repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
37SG: Regional growth forum
Section 37SG repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
37SH: Consultation
Section 37SH repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
37T: Functions of territorial authorities
Section 37T repealed 1 July 2003 section 266 Local Government Act 2002
2A: Local Government Commission
Part 2A repealed 1 July 2003 section 266 Local Government Act 2002
37U: Commencement
Section 37U repealed 1 July 2003 section 266 Local Government Act 2002
37V: Local Government Commission
Section 37V repealed 1 July 2003 section 266 Local Government Act 2002
37W: Functions of Commission
Section 37W repealed 1 July 2003 section 266 Local Government Act 2002
37X: Commission to report to Minister
Section 37X repealed 1 July 2003 section 266 Local Government Act 2002
37Y: Membership of Commission
Section 37Y repealed 1 July 2003 section 266 Local Government Act 2002
37Z: Term of office
Section 37Z repealed 1 July 2003 section 266 Local Government Act 2002
37ZA: Deputies of members
Section 37ZA repealed 1 July 2003 section 266 Local Government Act 2002
37ZB: Temporary members
Section 37ZB repealed 1 July 2003 section 266 Local Government Act 2002
37ZC: Further provisions applying in respect of Commission
Section 37ZC repealed 1 July 2003 section 266 Local Government Act 2002
2AA: Appeals against decisions of Commission
Part 2AA repealed 1 July 2003 section 266 Local Government Act 2002
37ZD: Commencement
Section 37ZD repealed 1 July 2003 section 266 Local Government Act 2002
37ZE: Appeal against decision of Commission on question of law
Section 37ZE repealed 1 July 2003 section 266 Local Government Act 2002
37ZF: Notice of appeal
Section 37ZF repealed 1 July 2003 section 266 Local Government Act 2002
37ZG: Right to appear and be heard on appeals
Section 37ZG repealed 1 July 2003 section 266 Local Government Act 2002
37ZH: Orders relating to determination of appeals
Section 37ZH repealed 1 July 2003 section 266 Local Government Act 2002
37ZI: Dismissal of appeal
Section 37ZI repealed 1 July 2003 section 266 Local Government Act 2002
37ZJ: Appeal in respect of additional points of law
Section 37ZJ repealed 1 July 2003 section 266 Local Government Act 2002
37ZK: Extension of time
Section 37ZK repealed 1 July 2003 section 266 Local Government Act 2002
37ZL: Date of hearing
Section 37ZL repealed 1 July 2003 section 266 Local Government Act 2002
37ZM: Restriction on appeals
Section 37ZM repealed 1 July 2003 section 266 Local Government Act 2002
2B: Initiation of reorganisation proposals
Part 2B repealed 1 July 2003 section 266 Local Government Act 2002 Reorganisation proposals Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZN: Matters that may be included in reorganisation proposal
Section 37ZN repealed 1 July 2003 section 266 Local Government Act 2002
37ZO: Initiation of reorganisation proposal
Section 37ZO repealed 1 July 2003 section 266 Local Government Act 2002
37ZP: Procedure for initiation of reorganisation proposal
Section 37ZP repealed 1 July 2003 section 266 Local Government Act 2002
37ZQ: Contents of reorganisation proposal
Section 37ZQ repealed 1 July 2003 section 266 Local Government Act 2002 Criteria Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZQA: Criteria
Section 37ZQA repealed 1 July 2003 section 266 Local Government Act 2002
37ZR: Boundaries
Section 37ZR repealed 1 July 2003 section 266 Local Government Act 2002
37ZRA: Membership
Section 37ZRA repealed 1 July 2003 section 266 Local Government Act 2002
2BA: Consideration of proposals for boundary alterations and transfer of functions
Part 2BA repealed 1 July 2003 section 266 Local Government Act 2002
37ZS: Interpretation
Section 37ZS repealed 1 July 2003 section 266 Local Government Act 2002
37ZT: Action required on receipt of reorganisation proposal
Section 37ZT repealed 1 July 2003 section 266 Local Government Act 2002
37ZU: Relevant criteria
Section 37ZU repealed 1 July 1994 section 5(2) Local Government Amendment Act 1994 Principal local authority Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZV: Designation of principal local authority
Section 37ZV repealed 1 July 2003 section 266 Local Government Act 2002
37ZW: Duties of principal local authority
Section 37ZW repealed 1 July 2003 section 266 Local Government Act 2002 Submissions Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZX: Submissions in relation to draft reorganisation scheme
Section 37ZX repealed 1 July 2003 section 266 Local Government Act 2002
37ZY: Power to appoint committee to consider submissions
Section 37ZY repealed 1 July 2003 section 266 Local Government Act 2002
37ZZ: Consideration and hearing of submissions
Section 37ZZ repealed 1 July 2003 section 266 Local Government Act 2002 Decisions Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZZA: Decisions in relation to draft reorganisation scheme
Section 37ZZA repealed 1 July 2003 section 266 Local Government Act 2002
37ZZB: Procedure where no submissions received
Section 37ZZB repealed 1 July 2003 section 266 Local Government Act 2002 Appeals Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZZC: Appeal against decision of principal local authority
Section 37ZZC repealed 1 July 2003 section 266 Local Government Act 2002
37ZZD: Notice of appeal
Section 37ZZD repealed 1 July 2003 section 266 Local Government Act 2002
37ZZE: Right to appear and be heard on appeals
Section 37ZZE repealed 1 July 2003 section 266 Local Government Act 2002
37ZZF: Orders relating to determination of appeals
Section 37ZZF repealed 1 July 2003 section 266 Local Government Act 2002
37ZZG: Dismissal of appeal
Section 37ZZG repealed 1 July 2003 section 266 Local Government Act 2002
37ZZH: Appeal in respect of additional matters
Section 37ZZH repealed 1 July 2003 section 266 Local Government Act 2002
37ZZI: Extension of time
Section 37ZZI repealed 1 July 2003 section 266 Local Government Act 2002
37ZZJ: Date of hearing
Section 37ZZJ repealed 1 July 2003 section 266 Local Government Act 2002
37ZZK: Hearing and determination of appeal
Section 37ZZK repealed 1 July 2003 section 266 Local Government Act 2002
37ZZL: Power to refer appeal back for reconsideration
Section 37ZZL repealed 1 July 2003 section 266 Local Government Act 2002
37ZZM: Notice of decision on appeal
Section 37ZZM repealed 1 July 2003 section 266 Local Government Act 2002
37ZZMA: Procedure after appeal
Section 37ZZMA repealed 1 July 2003 section 266 Local Government Act 2002
37ZZN: Provisions pending determination of appeal
Section 37ZZN repealed 1 July 2003 section 266 Local Government Act 2002 Similar proposals Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZZNA: Power to decline to consider reorganisation proposal
Section 37ZZNA repealed 1 July 2003 section 266 Local Government Act 2002
2BB: Consideration of proposals for new districts
Part 2BB repealed 1 July 2003 section 266 Local Government Act 2002
37ZZO: Interpretation
Section 37ZZO repealed 1 July 2003 section 266 Local Government Act 2002
37ZZP: Minimum populations of districts and regions
Section 37ZZP repealed 1 July 2003 section 266 Local Government Act 2002
37ZZQ: Duties of principal administrative officer
Section 37ZZQ repealed 1 July 2003 section 266 Local Government Act 2002
37ZZQA: Representative of electors
Section 37ZZQA repealed 1 July 2003 section 266 Local Government Act 2002
37ZZQB: Commission to obtain views
Section 37ZZQB repealed 1 July 2003 section 266 Local Government Act 2002
37ZZR: Commission to prepare draft reorganisation scheme and explanatory statement
Section 37ZZR repealed 1 July 1994 section 7 Local Government Amendment Act 1994
37ZZS: Consideration of proposal by Commission
Section 37ZZS repealed 1 July 2003 section 266 Local Government Act 2002
37ZZSA: Power to decline to consider reorganisation proposal
Section 37ZZSA repealed 1 July 2003 section 266 Local Government Act 2002
37ZZT: Referral back of proposal
Section 37ZZT repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTA: Power to decline resubmitted proposal
Section 37ZZTA repealed 1 July 2003 section 266 Local Government Act 2002 Reviews Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTB: Reviews
Section 37ZZTB repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTC: Statement of review
Section 37ZZTC repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTD: Public notice of review
Section 37ZZTD repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTE: Submissions on review
Section 37ZZTE repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTF: Requirement to consult
Section 37ZZTF repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTG: Consideration of submissions
Section 37ZZTG repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTH: Inquiries and investigations
Section 37ZZTH repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTI: Decisions on review
Section 37ZZTI repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTJ: Completion of review
Section 37ZZTJ repealed 1 July 2003 section 266 Local Government Act 2002
37ZZTK: Application of Part 2BA with modifications
Section 37ZZTK repealed 1 July 2003 section 266 Local Government Act 2002 Reorganisation schemes Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZZU: Commission to deal with amended proposal
Section 37ZZU repealed 1 July 1994 section 8 Local Government Amendment Act 1994
37ZZV: Draft reorganisation schemes
Section 37ZZV repealed 1 July 2003 section 266 Local Government Act 2002
37ZZVA: Power to amend basis of certain rates
Section 37ZZVA repealed 1 July 2003 section 266 Local Government Act 2002
37ZZVB: Power to amend reorganisation schemes
Section 37ZZVB repealed 1 July 2003 section 266 Local Government Act 2002
37ZZW: Explanatory statement
Section 37ZZW repealed 1 July 2003 section 266 Local Government Act 2002
37ZZX: Commission to give public notice of draft reorganisation scheme and explanatory statement
Section 37ZZX repealed 1 July 2003 section 266 Local Government Act 2002
37ZZY: Submissions on draft reorganisation scheme
Section 37ZZY repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZ: Consideration of submissions
Section 37ZZZ repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZA: Reorganisation scheme
Section 37ZZZA repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZB: Explanatory statement
Section 37ZZZB repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZC: Duty of Commission to give notice
Section 37ZZZC repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZD: Power of proposer to withdraw proposal
Section 37ZZZD repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZDA: Power of Commission to abandon reorganisation scheme or to resolve to conduct review
Section 37ZZZDA repealed 1 July 2003 section 266 Local Government Act 2002 Polls Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZE: Polls to be held
Section 37ZZZE repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZF: Timing of poll
Section 37ZZZF repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZG: Official result of poll
Section 37ZZZG repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZH: Fate of proposal after poll
Section 37ZZZH repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZHA: Power to decline to consider reorganisation proposal
Section 37ZZZHA repealed 1 July 1994 section 15 Local Government Amendment Act 1994
37ZZZI: Regulations
Section 37ZZZI repealed 1 July 2003 section 266 Local Government Act 2002 Expenditure limits Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZIA: Interpretation
Section 37ZZZIA repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZIB: Population
Section 37ZZZIB repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZIC: Advertising in relation to polls
Section 37ZZZIC repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZID: Provision of funding to proposer
Section 37ZZZID repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZIE: Returns of expenditure
Section 37ZZZIE repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZIF: Authorisation of advertising
Section 37ZZZIF repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZIG: Application
Section 37ZZZIG repealed 1 July 2003 section 266 Local Government Act 2002
2BC: Implementation of reorganisation schemes
Part 2BC repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZJ: Implementation of reorganisation schemes
Section 37ZZZJ repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZK: Provisions relating to Orders in Council giving effect to reorganisation schemes
Section 37ZZZK repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZL: Order in Council may set ward and constituency boundaries
Section 37ZZZL repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZM: Effect of Orders in Council giving effect to reorganisation schemes
Section 37ZZZM repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZN: Power to amend basis of certain rates
Section 37ZZZN repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZO: Power to amend reorganisation schemes
Section 37ZZZO repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZP: No compensation payable where function transferred
Section 37ZZZP repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZQ: Certain matters not affected by transfer of functions, duties, or powers
Section 37ZZZQ repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZR: Registers
Section 37ZZZR repealed 1 July 2003 section 266 Local Government Act 2002
37ZZZS: Prohibition in respect of requests and recommendations under other enactments
Section 37ZZZS repealed 1 July 2003 section 266 Local Government Act 2002
2: Regions, territorial districts, and communities
Part 2 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
38: This Part to be read subject to Part 1
Section 38 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
39: Application of this Act
Section 39 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 Regions and regional and united councils Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
40: Constitution, alteration, union, and abolition of regions
Section 40 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
41: Regional councils and united councils
Section 41 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
42: Membership of regional councils
Section 42 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
43: Review of constituencies and membership
Section 43 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
44: Objections to decision of regional council
Section 44 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
45: Membership of united councils
Section 45 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
46: Alteration of allocation of appointments to united councils
Section 46 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
46A: Joint appointments to united council
Section 46A repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 Constitution of districts of territorial authorities Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
47: Interpretation
Section 47 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
48: Constitution, alteration, and union of districts
Section 48 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
49: Electors may request constitution of new district or alteration of boundaries of existing district
Section 49 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
50: Boundaries of districts
Section 50 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
51: New cities
Section 51 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 Councils of districts Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
52: Councils of districts
Section 52 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
53: Incorporation of councils
Section 53 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
54: District councils
Section 54 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
55: Membership of councils
Section 55 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
56: Review of basis of election
Section 56 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
56A: Review of basis of election and division of district with population over 70 000 into wards
Section 56A repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
56B: Commission to determine wards
Section 56B repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
56C: Factors to be used in determining wards
Section 56C repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
56D: Ward system where members of territorial authority elected on ward system in 1983
Section 56D repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 Constitution of communities Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
57: Constitution of communities
Section 57 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
58: Union, alteration, or abolition, of communities
Section 58 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 District community councils and community councils Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
59: District community councils and community councils
Section 59 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
60: Membership of district community councils and community councils
Section 60 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
61: Purpose of community council
Section 61 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989
3: Elections, electors, and electoral rolls
Part 3 repealed 1 July 2003 section 266 Local Government Act 2002 Members other than members of united council Heading repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989
62: Election of members
Section 62 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989
63: Electors qualified for election
Section 63 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989
64: Persons disqualified for election
Section 64 repealed 17 June 1986 section 6 Local Government Amendment Act 1986 Members of united council Heading repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989
65: Members of united council
Section 65 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 Special provisions relating to communities Heading repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989
66: Community within jurisdiction of district community council to constitute a ward
Section 66 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989
67: Representation of district community council on territorial authority and other bodies
Section 67 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989
68: Appointment of representative of community council to attend territorial authority meetings
Section 68 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 Electors Heading repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989
69: Parliamentary electors with appropriate residential qualification qualified as electors of territorial authority, ward, or community
Section 69 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989
70: Electors and voting rights
Section 70 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
71: Electors of regions
Section 71 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
72: Compilation of electoral roll
Section 72 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
73: No person to be enrolled more than once
Section 73 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 Electoral rolls Heading repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
74: Roll to be available for public inspection
Section 74 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
75: Application for registration as a parliamentary elector
Section 75 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
76: Completion of roll
Section 76 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
77: Amendments to roll
Section 77 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
78: When roll in force
Section 78 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
79: Proof of roll
Section 79 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
80: Roll for by-election or poll
Section 80 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
81: Use of roll for other local authority election, by-election, or poll
Section 81 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
82: Special provisions relating to regional council elections
Section 82 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
83: Local Elections and Polls Act 1976 applied
Section 83 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989
84: Revision of rolls
Section 84 repealed 17 June 1986 section 7 Local Government Amendment Act 1986
85: Rolls for purposes of by-elections and polls
Section 85 repealed 17 June 1986 section 7 Local Government Amendment Act 1986
86: Use of rolls for other local authority elections and polls
Section 86 repealed 17 June 1986 section 7 Local Government Amendment Act 1986
87: Special provisions relating to regional council elections
Section 87 repealed 17 June 1986 section 7 Local Government Amendment Act 1986
88: Local Elections and Polls Act 1976 applied
Section 88 repealed 17 June 1986 section 7 Local Government Amendment Act 1986
89: Compulsory enrolment of residential electors
Section 89 repealed 17 June 1986 section 7 Local Government Amendment Act 1986
4: Mayor, chairman, and members of councils
Part 4 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
90: Mayor of borough
Section 90 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
91: Mayor or chairman of district council
Section 91 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
92: Election of mayor
Section 92 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
93: Election of chairman of regional council, united council, county, district of a district council, town district, district community council, or community council
Section 93 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
93A: Regional, united, county, district, town, district community, or community council may remove chairman from office and elect new chairman
Section 93A repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
93B: Election of chairman by open voting
Section 93B repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
94: Principal officer to preside at meeting for election of chairman
Section 94 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
95: Provisions where the same person elected to be both mayor and a member
Section 95 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
96: Provisions applying to all mayors and chairmen
Section 96 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 Disqualification of members of councils, and filling of extraordinary vacancies Heading repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
97: Disqualification of members of councils other than united councils
Section 97 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
98: Extraordinary vacancies on district community councils and community councils
Section 98 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
99: Vacancies in membership of united council
Section 99 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
100: Ouster of office of member
Section 100 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
101: Audit Office to institute proceedings
Section 101 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989
4A: Membership, wards, and constituencies
Part 4A repealed 1 July 2003 section 266 Local Government Act 2002
101A: Commencement
Section 101A repealed 1 July 2003 section 266 Local Government Act 2002
101B: Application
Section 101B repealed 10 October 1992 section 9(1) Local Government Amendment Act 1992
101C: Membership of territorial authorities
Section 101C repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002
101CA: Membership of regional councils
Section 101CA repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002
101D: Wards and constituencies of districts and regions
Section 101D repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002
101E: Membership
Section 101E repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002
101F: Electors of regions, territorial authorities, and communities
Section 101F repealed 1 July 2001 section 151 Local Electoral Act 2001
101G: Parliamentary electors qualified for election to any regional council, territorial authority, or community board
Section 101G repealed 1 July 2001 section 151 Local Electoral Act 2001
101GA: Candidacy for both regional council and constituent authority prohibited
Section 101GA repealed 1 July 2001 section 151 Local Electoral Act 2001
101H: Review of membership and basis of election
Section 101H repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002
101I: Distribution of copies of resolution
Section 101I repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002
101J: Objections
Section 101J repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002
101K: Commission to determine wards and constituencies
Section 101K repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002
101L: Factors in determination of membership and basis of election
Section 101L repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002
101M: When ward and constituency determinations take effect
Section 101M repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 Presiding members of territorial authorities and regional councils Heading repealed 1 July 2003 section 266 Local Government Act 2002
101N: Presiding member
Section 101N repealed 1 July 2003 section 266 Local Government Act 2002
101O: Qualification and election of mayor of territorial authority
Section 101O repealed 1 July 2001 section 151 Local Electoral Act 2001
101P: Election of chairperson of regional council
Section 101P repealed 1 July 2003 section 266 Local Government Act 2002
101Q: Provisions applying to all mayors and chairpersons
Section 101Q repealed 1 July 2003 section 266 Local Government Act 2002
101R: Filling of vacancy in office of mayor
Section 101R repealed 1 July 2001 section 151 Local Electoral Act 2001
101S: Filling of vacancy in office of chairperson
Section 101S repealed 1 July 2003 section 266 Local Government Act 2002
101T: Mayors and chairpersons to be Justices of the Peace
Section 101T repealed 1 July 2003 section 266 Local Government Act 2002
101U: Election of deputy mayor or deputy chairperson
Section 101U repealed 1 July 2003 section 266 Local Government Act 2002
101V: Power of regional council or territorial authority to remove chairperson, deputy chairperson, or deputy mayor from office and elect successor
Section 101V repealed 1 July 2003 section 266 Local Government Act 2002
101W: Provisions where same person elected to be both mayor and a member
Section 101W repealed 1 July 2001 section 151 Local Electoral Act 2001 Extraordinary vacancies Heading repealed 1 July 2003 section 266 Local Government Act 2002
101X: Disqualification of members
Section 101X repealed 1 July 2003 section 266 Local Government Act 2002
101Y: Ouster of office of member
Section 101Y repealed 1 July 2003 section 266 Local Government Act 2002
101Z: Secretary to institute proceedings
Section 101Z repealed 1 July 2003 section 266 Local Government Act 2002
101ZA: Member's right to resign
Section 101ZA repealed 1 July 2003 section 266 Local Government Act 2002
101ZB: Extraordinary vacancies
Section 101ZB repealed 1 July 2003 section 266 Local Government Act 2002
101ZC: Procedure in relation to extraordinary vacancy in local authority
Section 101ZC repealed 1 July 2001 section 151 Local Electoral Act 2001
101ZD: Power to require election to be held
Section 101ZD repealed 1 July 2001 section 151 Local Electoral Act 2001
101ZE: Election to extraordinary vacancy
Section 101ZE repealed 1 July 2001 section 151 Local Electoral Act 2001
4B: Communities
Part 4B repealed 1 July 2003 section 266 Local Government Act 2002
101ZF: Commencement
Section 101ZF repealed 1 July 2003 section 266 Local Government Act 2002
101ZG: Constitution of communities
Section 101ZG repealed 1 July 2003 section 266 Local Government Act 2002
101ZH: Matters pertaining to constitution of communities
Section 101ZH repealed 1 July 2003 section 266 Local Government Act 2002
101ZI: Proposal to establish community
Section 101ZI repealed 1 July 2003 section 266 Local Government Act 2002
101ZJ: Requirements in relation to proposal
Section 101ZJ repealed 1 July 2003 section 266 Local Government Act 2002
101ZK: Proposal seeking constitution of communities
Section 101ZK repealed 1 July 2003 section 266 Local Government Act 2002
101ZL: Matters to be considered when constituting community
Section 101ZL repealed 1 July 2003 section 266 Local Government Act 2002
101ZM: Appeal against refusal to constitute community
Section 101ZM repealed 1 July 2003 section 266 Local Government Act 2002
101ZN: Procedures relating to resolution to constitute community
Section 101ZN repealed 1 July 2003 section 266 Local Government Act 2002
101ZO: Union, alteration, or abolition of communities
Section 101ZO repealed 1 July 2003 section 266 Local Government Act 2002 Community boards Heading repealed 1 July 2003 section 266 Local Government Act 2002
101ZP: Community boards
Section 101ZP repealed 1 July 2003 section 266 Local Government Act 2002
101ZQ: Membership of community boards
Section 101ZQ repealed 1 July 2003 section 266 Local Government Act 2002
101ZR: Elections of community boards
Section 101ZR repealed 1 July 2003 section 266 Local Government Act 2002
101ZS: Application of certain provisions relating to extraordinary vacancies
Section 101ZS repealed 1 July 2003 section 266 Local Government Act 2002 Procedural matters Heading repealed 1 July 2003 section 266 Local Government Act 2002
101ZT: Chairperson of community board
Section 101ZT repealed 1 July 2003 section 266 Local Government Act 2002
101ZU: Community board committees
Section 101ZU repealed 1 July 2003 section 266 Local Government Act 2002
101ZV: Quorum of community board and committees of community board
Section 101ZV repealed 1 July 2003 section 266 Local Government Act 2002
101ZW: Application of Part 5A
Section 101ZW repealed 1 July 2003 section 266 Local Government Act 2002
101ZX: Community boards not committees of territorial authority
Section 101ZX repealed 1 July 2003 section 266 Local Government Act 2002 Purposes, functions, duties, and powers of community boards Heading repealed 1 July 2003 section 266 Local Government Act 2002
101ZY: Purposes of community board
Section 101ZY repealed 1 July 2003 section 266 Local Government Act 2002
101ZZ: Functions, duties, and powers of community board
Section 101ZZ repealed 1 July 2003 section 266 Local Government Act 2002
101ZZA: Specific functions determined by Order in Council
Section 101ZZA repealed 1 July 2003 section 266 Local Government Act 2002 Administrative and other facilities Heading repealed 1 July 2003 section 266 Local Government Act 2002
101ZZB: Provision of administrative and other facilities for community boards
Section 101ZZB repealed 1 July 2003 section 266 Local Government Act 2002
101ZZC: Expenses of community boards
Section 101ZZC repealed 1 July 2003 section 266 Local Government Act 2002
4C: Remuneration of members
Part 4C repealed 1 July 2003 section 266 Local Government Act 2002
101ZZD: Commencement
Section 101ZZD repealed 1 July 2003 section 266 Local Government Act 2002
101ZZE: Interpretation
Section 101ZZE repealed 1 July 2003 section 266 Local Government Act 2002
101ZZF: Remuneration Authority Section 101ZZF repealed 1 July 2003 section 266 Local Government Act 2002
101ZZG: Mandatory criteria for Authority
Section 101ZZG repealed 1 July 2003 section 266 Local Government Act 2002
101ZZH: Submissions to
Authority Section 101ZZH repealed 1 July 2003 section 266 Local Government Act 2002
101ZZI: Frequency of adjustments
Section 101ZZI repealed 1 July 2003 section 266 Local Government Act 2002
101ZZJ: Determination is a regulation
Section 101ZZJ repealed 1 July 2003 section 266 Local Government Act 2002
101ZZK: Publication of determinations
Section 101ZZK repealed 1 July 2003 section 266 Local Government Act 2002
101ZZL: Levy to pay
Authority's Section 101ZZL repealed 1 July 2003 section 266 Local Government Act 2002
101ZZM: Members and officers of
Remuneration Authority Section 101ZZM repealed 1 July 2003 section 266 Local Government Act 2002
101ZZN: Meaning of remuneration
Section 101ZZN repealed 1 July 2003 section 266 Local Government Act 2002
101ZZO: Greytown District Trust Lands Trustees
Section 101ZZO repealed 1 July 2003 section 266 Local Government Act 2002
101ZZP: Salary or allowances not payable in certain circumstances
Section 101ZZP repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001
101ZZQ: Salary or allowance payable to existing office holder not to be reduced
Section 101ZZQ repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001
101ZZR: Reduction of salary where full term not served
Section 101ZZR repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001
101ZZS: Office holder may decline to accept salary or allowance
Section 101ZZS repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001
101ZZT: Fund from which salaries and allowances to be paid
Section 101ZZT repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001
101ZZU: Travelling expenses of members
Section 101ZZU repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001
101ZZV: Travelling expenses of members attending conferences
Section 101ZZV repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001
5: Procedural matters
Part 5 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
102: Interpretation
Section 102 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
103: Declaration by member
Section 103 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 Committees Heading repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
104: Standing or special committees
Section 104 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
105: Joint committees
Section 105 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
106: Subcommittees
Section 106 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 Meetings Heading repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
107: Chairman of meetings
Section 107 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
108: Quorum of councils and committees, and voting at meetings
Section 108 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
108A: Voting system for certain elections and appointments
Section 108A repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
109: Proceedings not invalidated by vacancies, irregularities, etc
Section 109 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
110: Ordinary meetings
Section 110 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
111: Special meetings
Section 111 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
112: Minutes of proceedings
Section 112 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 Special orders Heading repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
113: Special orders
Section 113 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 Procedural rules Heading repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
114: Rules as to proceedings of council, committees, etc
Section 114 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989
5A: Procedural and organisational matters
Part 5A repealed 1 July 2003 section 266 Local Government Act 2002
114A: Commencement
Section 114A repealed 1 July 2003 section 266 Local Government Act 2002
114B: Interpretation
Section 114B repealed 1 July 2003 section 266 Local Government Act 2002 Meetings Heading repealed 1 July 2003 section 266 Local Government Act 2002
114C: General provisions as to meetings
Section 114C repealed 1 July 2003 section 266 Local Government Act 2002
114D: First meeting following triennial general election
Section 114D repealed 1 July 2003 section 266 Local Government Act 2002
114E: Ordinary meetings
Section 114E repealed 1 July 2003 section 266 Local Government Act 2002
114F: Special meetings
Section 114F repealed 1 July 2003 section 266 Local Government Act 2002
114G: Emergency meetings
Section 114G repealed 1 July 2003 section 266 Local Government Act 2002
114H: Meetings not invalid because notice not given
Section 114H repealed 1 July 2003 section 266 Local Government Act 2002 Conduct of meetings Heading repealed 1 July 2003 section 266 Local Government Act 2002
114I: Quorum of councils and committees
Section 114I repealed 1 July 2003 section 266 Local Government Act 2002
114J: Voting
Section 114J repealed 1 July 2003 section 266 Local Government Act 2002
114K: Voting systems for certain appointments
Section 114K repealed 1 July 2003 section 266 Local Government Act 2002
114L: Chairperson of meetings
Section 114L repealed 1 July 2003 section 266 Local Government Act 2002 Procedures at meetings Heading repealed 1 July 2003 section 266 Local Government Act 2002
114M: Standing orders
Section 114M repealed 1 July 2003 section 266 Local Government Act 2002
114N: Minutes of proceedings
Section 114N repealed 1 July 2003 section 266 Local Government Act 2002
114O: Proceedings not invalidated by vacancies, irregularities, etc
Section 114O repealed 1 July 2003 section 266 Local Government Act 2002 Committees and subcommittees Heading repealed 1 July 2003 section 266 Local Government Act 2002
114P: Power to appoint committees and subcommittees
Section 114P repealed 1 July 2003 section 266 Local Government Act 2002
114Q: Delegation to committees and subcommittees
Section 114Q repealed 1 July 2003 section 266 Local Government Act 2002
114R: Membership of committees and subcommittees
Section 114R repealed 1 July 2003 section 266 Local Government Act 2002
114S: Joint committees
Section 114S repealed 1 July 2003 section 266 Local Government Act 2002 Conduct of members Heading repealed 1 July 2003 section 266 Local Government Act 2002
114T: Members to give notice of addresses
Section 114T repealed 1 July 2003 section 266 Local Government Act 2002
114U: Declaration by member
Section 114U repealed 1 July 2003 section 266 Local Government Act 2002
114V: Members shall abide by standing orders
Section 114V repealed 1 July 2003 section 266 Local Government Act 2002
6: Administrative and other facilities
Part 6 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989
115: Administration of united council
Section 115 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989
116: Administering authority to provide staff, land, and other facilities for united council
Section 116 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989
117: Staff of regional councils and territorial authorities
Section 117 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989
118: Provision of administrative and other facilities for district community councils and community councils
Section 118 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989
119: Expenses of community councils
Section 119 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989
6A: Employment of staff
Part 6A repealed 1 July 2003 section 266 Local Government Act 2002
119A: Commencement
Section 119A repealed 1 July 2003 section 266 Local Government Act 2002
119B: Staff of local authorities
Section 119B repealed 1 July 2003 section 266 Local Government Act 2002
119C: Chief executive officer or group of senior executive officers
Section 119C repealed 1 July 2003 section 266 Local Government Act 2002
119D: Responsibilities of executive officers
Section 119D repealed 1 July 2003 section 266 Local Government Act 2002
119E: Maximum term of employment
Section 119E repealed 1 July 2003 section 266 Local Government Act 2002
119F: General employment principles
Section 119F repealed 1 July 2003 section 266 Local Government Act 2002
119G: Equal employment opportunities programme
Section 119G repealed 1 July 2003 section 266 Local Government Act 2002
119H: Appointments on merit
Section 119H repealed 1 July 2003 section 266 Local Government Act 2002
119I: Obligation to notify vacancies
Section 119I repealed 1 July 2003 section 266 Local Government Act 2002
119J: Maximum term of office of certain employees
Section 119J repealed 1 July 2003 section 266 Local Government Act 2002
7: General revenues and estimates
Part 7 repealed 1 July 1992 section 16 Local Government Amendment Act 1992
120: General revenues
Section 120 repealed 1 July 1992 section 16 Local Government Amendment Act 1992
121: Annual estimates
Section 121 repealed 1 July 1990 section 24(2) Local Government Amendment Act (No 2) 1989
122: Application of income
Section 122 repealed 1 July 1992 section 16 Local Government Amendment Act 1992
7A: Financial management
Part 7A repealed 1 July 2003 section 266 Local Government Act 2002
122A: Interpretation
Section 122A repealed 1 July 2003 section 266 Local Government Act 2002
122B: Purposes
Section 122B repealed 1 July 2003 section 266 Local Government Act 2002
122C: Principles of financial management
Section 122C repealed 1 July 2003 section 266 Local Government Act 2002
122D: Local authorities not required to use specific funding mechanisms
Section 122D repealed 1 July 2003 section 266 Local Government Act 2002
122E: Funding of expenditure needs
Section 122E repealed 1 July 2003 section 266 Local Government Act 2002
122F: Principles relating to funding of expenditure needs
Section 122F repealed 1 July 2003 section 266 Local Government Act 2002
122G: Considerations related to funding of expenditure needs
Section 122G repealed 1 July 2003 section 266 Local Government Act 2002
122H: Matters related to mechanisms for funding of expenditure needs
Section 122H repealed 1 July 2003 section 266 Local Government Act 2002
122I: Compliance
Section 122I repealed 1 July 2003 section 266 Local Government Act 2002
122J: Short-term borrowing, reserves, etc
Section 122J repealed 1 July 2003 section 266 Local Government Act 2002
122K: Long-term financial strategy
Section 122K repealed 1 July 2003 section 266 Local Government Act 2002
122L: Content of long-term financial strategy
Section 122L repealed 1 July 2003 section 266 Local Government Act 2002
122M: Significant forecasting assumptions of long-term financial strategy
Section 122M repealed 1 July 2003 section 266 Local Government Act 2002
122N: Funding policy
Section 122N repealed 1 July 2003 section 266 Local Government Act 2002
122O: Content of funding policy
Section 122O repealed 1 July 2003 section 266 Local Government Act 2002
122P: Investment policy
Section 122P repealed 1 July 2003 section 266 Local Government Act 2002
122Q: Content of investment policy
Section 122Q repealed 1 July 2003 section 266 Local Government Act 2002
122R: Borrowing management policy
Section 122R repealed 1 July 2003 section 266 Local Government Act 2002
122S: Content of borrowing management policy
Section 122S repealed 1 July 2003 section 266 Local Government Act 2002
122T: Changes to long-term financial strategy and policies
Section 122T repealed 1 July 2003 section 266 Local Government Act 2002
122U: Variations between long-term financial strategy and funding, investment, or borrowing management policies
Section 122U repealed 1 July 2003 section 266 Local Government Act 2002
122V: Report on long-term financial strategy and policies
Section 122V repealed 1 July 2003 section 266 Local Government Act 2002
122W: Limitation of review
Section 122W repealed 1 July 2003 section 266 Local Government Act 2002
122X: Statement of compliance
Section 122X repealed 1 July 2003 section 266 Local Government Act 2002
7B: Borrowing and security
Part 7B repealed 1 July 2003 section 266 Local Government Act 2002
122Y: Commencement
Section 122Y repealed 1 July 2003 section 266 Local Government Act 2002
122Z: Interpretation
Section 122Z repealed 1 July 2003 section 266 Local Government Act 2002 Power to borrow Heading repealed 1 July 2003 section 266 Local Government Act 2002
122ZA: General power to borrow
Section 122ZA repealed 1 July 2003 section 266 Local Government Act 2002
122ZAA: Internal borrowing
Section 122ZAA repealed 1 July 2003 section 266 Local Government Act 2002
122ZB: Power to enter into incidental arrangements
Section 122ZB repealed 1 July 2003 section 266 Local Government Act 2002
122ZC: Prohibition on borrowing in foreign currency
Section 122ZC repealed 1 July 2003 section 266 Local Government Act 2002 Procedure for raising loans Heading repealed 1 July 2003 section 266 Local Government Act 2002
122ZD: Procedure for borrowing money
Section 122ZD repealed 1 July 2003 section 266 Local Government Act 2002 Securities and charges Heading repealed 1 July 2003 section 266 Local Government Act 2002
122ZE: Security for loans
Section 122ZE repealed 1 July 2003 section 266 Local Government Act 2002
122ZF: Provisions applying to special rates
Section 122ZF repealed 1 July 2003 section 266 Local Government Act 2002
122ZG: Effects of breach on third parties
Section 122ZG repealed 1 July 2003 section 266 Local Government Act 2002 Registration of charges Heading repealed 1 July 2003 section 266 Local Government Act 2002
122ZH: Registration of charges
Section 122ZH repealed 1 July 2003 section 266 Local Government Act 2002
122ZI: Register of charges maintained by Registrar of Companies
Section 122ZI repealed 1 July 2003 section 266 Local Government Act 2002
122ZJ: Register of charges maintained by local authority
Section 122ZJ repealed 1 July 2003 section 266 Local Government Act 2002
122ZK: Registration of subsisting charges
Section 122ZK repealed 1 July 2003 section 266 Local Government Act 2002 Receivership Heading repealed 1 July 2003 section 266 Local Government Act 2002
122ZL: Appointment of receivers
Section 122ZL repealed 1 July 2003 section 266 Local Government Act 2002
122ZM: Powers and duties of receivers
Section 122ZM repealed 1 July 2003 section 266 Local Government Act 2002
122ZN: Constraints on receiver
Section 122ZN repealed 1 July 2003 section 266 Local Government Act 2002
122ZO: Protection for receiver
Section 122ZO repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002
122ZP: Loans not guaranteed by Crown
Section 122ZP repealed 1 July 2003 section 266 Local Government Act 2002
122ZQ: Assimilation of existing stock with new stock
Section 122ZQ repealed 1 July 2003 section 266 Local Government Act 2002
122ZR: Provisions relating to sinking funds
Section 122ZR repealed 1 July 2003 section 266 Local Government Act 2002
122ZS: Conversion of existing loans
Section 122ZS repealed 1 July 2003 section 266 Local Government Act 2002
122ZT: Preservation of existing status
Section 122ZT repealed 1 July 2003 section 266 Local Government Act 2002
8: Assessments of united councils
Part 8 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
123: Constituent authorities to meet expenditure
Section 123 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
124: Valuation equalisation
Section 124 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
125: Alterations to apportionment of expenditure
Section 125 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
125A: Objections as to alterations to apportionment of expenditure
Section 125A repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
126: Assessment of contributions
Section 126 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
127: Jurisdiction of District Court
Section 127 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
128: Production of documents to be evidence
Section 128 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
129: Payment of assessments
Section 129 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
130: Powers of constituent authorities and other territorial authorities in respect of payments
Section 130 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
131: Powers of united council to recover contributions in case of default
Section 131 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
132: United councils not to have rating powers
Section 132 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989
9: Rates and charges
Part 9 repealed 29 June 1988 Rating Powers Act 1988
133: Levying and recovery of rates where property situated in region or out-district
Section 133 repealed 29 June 1988 Rating Powers Act 1988 General rating by regional councils Heading repealed 29 June 1988 Rating Powers Act 1988
134: Determination of rating system
Section 134 repealed 29 June 1988 Rating Powers Act 1988
135: Regional general rate
Section 135 repealed 29 June 1988 Rating Powers Act 1988 Territorial authority general rates Heading repealed 29 June 1988 Rating Powers Act 1988
136: Territorial authority general rates
Section 136 repealed 29 June 1988 Rating Powers Act 1988
137: Levying of territorial authority general rate where ward accounts kept
Section 137 repealed 29 June 1988 Rating Powers Act 1988
138: Territorial authority may cease to make and levy general rates separately in each ward
Section 138 repealed 29 June 1988 Rating Powers Act 1988 General rating in communities Heading repealed 29 June 1988 Rating Powers Act 1988
139: Community general rate
Section 139 repealed 29 June 1988 Rating Powers Act 1988 Regional works and services rates Heading repealed 29 June 1988 Rating Powers Act 1988
140: Regional works and services rates
Section 140 repealed 29 June 1988 Rating Powers Act 1988
141: Exercise of rating and levying powers of other authorities
Section 141 repealed 29 June 1988 Rating Powers Act 1988 Territorial authority separate rates Heading repealed 29 June 1988 Rating Powers Act 1988
142: Works and services rates
Section 142 repealed 29 June 1988 Rating Powers Act 1988
143: Separate rates
Section 143 repealed 29 June 1988 Rating Powers Act 1988 Improvement and development rates in communities Heading repealed 29 June 1988 Rating Powers Act 1988
144: Community improvement and development rates
Section 144 repealed 29 June 1988 Rating Powers Act 1988
145: Territorial authority may exempt farm lands in community from improvement and development rates
Section 145 repealed 29 June 1988 Rating Powers Act 1988 Rating methods Heading repealed 29 June 1988 Rating Powers Act 1988
146: Interpretation
Section 146 repealed 29 June 1988 Rating Powers Act 1988
147: Differential rates
Section 147 repealed 29 June 1988 Rating Powers Act 1988
147A: Introduction of differential rating
Section 147A repealed 29 June 1988 Rating Powers Act 1988
148: Alteration to system of differential rating
Section 148 repealed 29 June 1988 Rating Powers Act 1988
148A: Certain changes not to compromise alteration to system of differential rating
Section 148A repealed 29 June 1988 Rating Powers Act 1988
149: Revocation of differential rating
Section 149 repealed 29 June 1988 Rating Powers Act 1988
150: Notice to Valuer-General
Section 150 repealed 29 June 1988 Rating Powers Act 1988
151: Levying of differential rate
Section 151 repealed 29 June 1988 Rating Powers Act 1988
152: Application of proceeds of differential rate
Section 152 repealed 29 June 1988 Rating Powers Act 1988
153: Rating on a graduated scale
Section 153 repealed 29 June 1988 Rating Powers Act 1988
154: Land drainage or water race rating on area system
Section 154 repealed 29 June 1988 Rating Powers Act 1988
155: Appeal against operation of area system
Section 155 repealed 29 June 1988 Rating Powers Act 1988
156: Classification for purposes of area rate
Section 156 repealed 29 June 1988 Rating Powers Act 1988
157: Fire protection rate on value of improvements
Section 157 repealed 29 June 1988 Rating Powers Act 1988 Charges instead of rates Heading repealed 29 June 1988 Rating Powers Act 1988
157A: Uniform annual general charge
Section 157A repealed 29 June 1988 Rating Powers Act 1988
157B: Reduction or cancellation of uniform annual general charge
Section 157B repealed 29 June 1988 Rating Powers Act 1988
157C: Uniform annual general charges on properties only partly in district
Section 157C repealed 29 June 1988 Rating Powers Act 1988
158: Water charges
Section 158 repealed 29 June 1988 Rating Powers Act 1988
159: Provisions as to water meters
Section 159 repealed 29 June 1988 Rating Powers Act 1988
160: Water race charge
Section 160 repealed 29 June 1988 Rating Powers Act 1988
161: Owner granting land for water race may have water free of charge or at a reduced charge
Section 161 repealed 29 June 1988 Rating Powers Act 1988
162: Sewerage and stormwater drainage charges
Section 162 repealed 29 June 1988 Rating Powers Act 1988
163: Refuse charges
Section 163 repealed 29 June 1988 Rating Powers Act 1988
164: Fire protection charges
Section 164 repealed 29 June 1988 Rating Powers Act 1988
164A: Uniform annual charges instead of rates for certain purpose
Section 164A repealed 29 June 1988 Rating Powers Act 1988
164AA: Annual charges on properties in common occupation
Section 164AA repealed 29 June 1988 Rating Powers Act 1988 Lump sum contribution to capital cost of works Heading repealed 29 June 1988 Rating Powers Act 1988
164B: Interpretation
Section 164B repealed 29 June 1988 Rating Powers Act 1988
164C: Territorial authority may resolve to seek lump sum contributions from ratepayers
Section 164C repealed 29 June 1988 Rating Powers Act 1988
164D: Preparation of cost estimates and calculation of contributions and rates or charges relating to works
Section 164D repealed 29 June 1988 Rating Powers Act 1988
164E: Right to make lump sum contribution
Section 164E repealed 29 June 1988 Rating Powers Act 1988
164F: Notification to ratepayer of right to make election
Section 164F repealed 29 June 1988 Rating Powers Act 1988
164G: Effect of election to make a lump sum contribution
Section 164G repealed 29 June 1988 Rating Powers Act 1988
164H: Payment of lump sum contributions
Section 164H repealed 29 June 1988 Rating Powers Act 1988
164I: Recalculation of lump sum contribution on completion of work
Section 164I repealed 29 June 1988 Rating Powers Act 1988
164J: Refund of or increase in lump sum contribution
Section 164J repealed 29 June 1988 Rating Powers Act 1988
164K: Lump sum contribution deemed to be separate rate
Section 164K repealed 29 June 1988 Rating Powers Act 1988
10: Miscellaneous financial provisions
Part 10 repealed 1 July 2003 section 266 Local Government Act 2002
165: Interpretation
Section 165 repealed 29 June 1988 Rating Powers Act 1988
166: Minimum rates
Section 166 repealed 29 June 1988 Rating Powers Act 1988
167: Charges deemed to be rates
Section 167 repealed 29 June 1988 Rating Powers Act 1988
168: In default of payment of water rates or charges supply may be stopped
Section 168 repealed 29 June 1988 Rating Powers Act 1988
169: Adjusted valuation
Section 169 repealed 29 June 1988 Rating Powers Act 1988
170: Adoption of different rating system in community
Section 170 repealed 29 June 1988 Rating Powers Act 1988
171: Deduction from proceeds of separate rate of cost of making and levying rate, etc
Section 171 repealed 29 June 1988 Rating Powers Act 1988
172: Separate rate may be made an annually recurring rate
Section 172 repealed 29 June 1988 Rating Powers Act 1988
173: Certain separate rates payable in full or for proportionate part of year in certain circumstances
Section 173 repealed 29 June 1988 Rating Powers Act 1988
174: Consolidation of special rates
Section 174 repealed 29 June 1988 Rating Powers Act 1988
175: Consolidation of rates
Section 175 repealed 29 June 1988 Rating Powers Act 1988
176: Application of surplus of certain rates and contributions
Section 176 repealed 29 June 1988 Rating Powers Act 1988
177: Unauthorised expenditure
Section 177 repealed 1 July 1990 section 24(2) Local Government Amendment Act (No 2) 1989
178: Special provisions as to County of Chatham Islands
Section 178 repealed 22 December 1980 Chatham Islands County Council Empowering Act 1980 Timber levy Heading repealed 1 July 2003 section 266 Local Government Act 2002
179: Levy on timber
Section 179 repealed 1 July 2003 section 266 Local Government Act 2002 Borrowing Heading repealed 1 July 2003 section 266 Local Government Act 2002
180: Security for loans
Section 180 repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996
11: Local authorities
fuel Part 11 inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Part 11 heading amended 1 October 2008 section 4 Local Government Act 1974 Amendment Act 2008
181: Interpretation
1: In this Part— component authority component district distribution authority Schedule 7 engine fuel section 1B specified engine fuel
a: means,—
i: if no Order in Council is in force under subparagraph (ii), engine fuel specified in the Excise and Excise-equivalent Duties Table (as defined in section 5(1)
A: motor spirit; or
B: diesel (including blends of diesel and kerosene); or
C: biodiesel; or
D: ethyl alcohol specified under the heading Fuels
ii: that part of engine fuel specified in the Excise and Excise-equivalent Duties Table (as so defined) and prescribed by an Order in Council made under section 199A
b: excludes—
i: engine fuel supplied for use in the generation of electricity, or the manufacture of gas, for public use at any electric-power station or gas works; or
ii: engine fuel supplied for use as fuel for any commercial ship within the meaning of section 2(1)
iii: engine fuel used in the manufacture of refined petroleum products at any refinery tax area wholesale distributor
a: engages in the sale of engine fuel by wholesale; or
b: sells engine fuel to a retailer; or
c: manufactures or produces engine fuel within New Zealand.
2: For the purposes of this section, the part of engine fuel that is motor spirit, diesel, biodiesel, or ethyl alcohol remains so whether or not it is blended with anything else. 1970 No 134 s 2; 1973 No 71 s 2; 1974 No 66 s 138 Section 181 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 181(1) component authority replaced 1 July 1992 section 18 Local Government Amendment Act 1992 Section 181(1) component district replaced 1 July 1992 section 18 Local Government Amendment Act 1992 Section 181(1) distribution authority replaced 1 July 1992 section 18 Local Government Amendment Act 1992 Section 181(1) engine fuel inserted 1 October 2008 section 5(1) Local Government Act 1974 Amendment Act 2008 Section 181(1) petroleum repealed 1 October 2008 section 5(2) Local Government Act 1974 Amendment Act 2008 Section 181(1) specified engine fuel inserted 1 October 2008 section 5(1) Local Government Act 1974 Amendment Act 2008 Section 181(1) specified engine fuel replaced 1 January 2010 section 11(4) Customs and Excise Amendment Act 2009 Section 181(1) specified engine fuel amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 181(1) wholesale distributor replaced 1 October 2008 section 5(3) Local Government Act 1974 Amendment Act 2008 Section 181(2) inserted 1 October 2008 section 5(4) Local Government Act 1974 Amendment Act 2008
182: Application of this Part
1: Unless the Governor-General by Order in Council determines otherwise, a local authorities fuel tax in accordance with this Part may be levied and collected by the Crown, and is payable on any specified engine fuel purchased in New Zealand.
2: This Part shall not apply in the Chatham Islands, or to specified engine fuel
3: An order under this section is secondary legislation ( see Part 3 1970 No 134 s 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 182(1) replaced 1 October 2008 section 6(1) Local Government Act 1974 Amendment Act 2008 Section 182(2) amended 1 October 2008 section 6(2) Local Government Act 1974 Amendment Act 2008 Section 182(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
183: Tax areas for purposes of tax
1: The tax areas shall be those named in the first column of Schedule 7
2: If at any time the boundaries of the district of a territorial authority comprised in any tax area are altered, the alteration shall have effect with respect to the tax area, and the boundaries of the tax area shall be deemed to be altered accordingly. Section 183 replaced 1 July 1992 section 19 Local Government Amendment Act 1992
184: Notice of change of distribution authority
Where pursuant to this Part the functions of a distribution authority are transferred from one component authority to another component authority, the component authority to which the functions are transferred shall give notice accordingly to—
a: every wholesale distributor at his head office in New Zealand; and
b: the Secretary. Section 184 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977
185: Powers of component authorities to levy
fuel
1: There may from time to time, on behalf of the component authorities of any tax area, be levied in accordance with this Part a tax, to be called the local authorities fuel tax specified engine fuel
a: delivered within the tax area by or on behalf of any wholesale distributor pursuant to any sale, agreement to sell, or disposition made by the wholesale distributor before or after the commencement of this Part, irrespective of where the sale, agreement to sell, or disposition was made; or
b: used by any wholesale distributor within the tax area.
2: Any tax so levied shall be—
a: at the rates specified in scale A or in scale B or in scale C in Schedule 6
b: in respect of each class of specified engine fuel
3: Notwithstanding anything in subsection (1), no local authorities fuel tax
a: any specified engine fuel
b: any specified engine fuel
3A: If any type of diesel is a specified engine fuel, the local authorities fuel tax applies to blends of kerosene and diesel as if they were entirely diesel.
4: Subject to this Part, the local authorities petroleum tax being levied immediately before the commencement of this Part pursuant to the Local Authorities (Petroleum Tax) Act 1970 shall continue to be levied under this Part, as if the decision to levy the tax had been made under this Part, until the scale of tax is altered pursuant to section 186 Schedule 8
5: Every reference in an enactment or document to the local authorities petroleum tax must, unless the context otherwise requires, be read as a reference to the local authorities fuel tax. 1970 No 134 s 4 Section 185 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 185 heading amended 1 October 2008 section 7(1) Local Government Act 1974 Amendment Act 2008 Section 185(1) amended 1 October 2008 section 7(2) Local Government Act 1974 Amendment Act 2008 Section 185(1) amended 1 October 2008 section 7(3) Local Government Act 1974 Amendment Act 2008 Section 185(2)﻿(b) amended 1 October 2008 section 7(3) Local Government Act 1974 Amendment Act 2008 Section 185(3) amended 1 October 2008 section 7(4) Local Government Act 1974 Amendment Act 2008 Section 185(3)﻿(a) amended 1 October 2008 section 7(5) Local Government Act 1974 Amendment Act 2008 Section 185(3)﻿(b) amended 1 October 2008 section 7(5) Local Government Act 1974 Amendment Act 2008 Section 185(3A) inserted 1 October 2008 section 7(6) Local Government Act 1974 Amendment Act 2008 Section 185(5) inserted 1 October 2008 section 7(7) Local Government Act 1974 Amendment Act 2008
186: Alteration of scale of tax
1: The scale of the tax in force in any tax area may from time to time be altered by a determination of a meeting of representatives of all component authorities of the tax area.
2:
3: No alteration in the scale of the tax shall be made under subsection (1) to take effect at any time within 12 months after the date of the taking effect of a previous determination under this section.
4: Each component authority (including the distribution authority) may appoint one of its members to attend as its representative any meeting under subsection (1).
5: Every representative so appointed shall be entitled to exercise 1 vote at the meeting: provided that if the population of any component district is 7 500 or more, its representative shall have 1 additional vote.
6: Every question at the meeting shall be decided on a majority of the valid votes cast at the meeting.
7: Subject to this section, the representatives present at the meeting may regulate their own procedure.
8: Sections 6 7 8
9: Every meeting to which subsection (1) applies shall be deemed for the purposes of the Local Government Official Information and Meetings Act 1987 section 51
10: No alteration in the scale of tax shall be made to take effect on any day other than the first day of a specified month. 1970 No 134 ss 7(2), (3), (4), (5), 9, 30, 31; 1974 No 66 s 137 Section 186 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 186(1) replaced 1 July 1992 section 20(1) Local Government Amendment Act 1992 Section 186(2) repealed 1 July 1992 section 20(2) Local Government Amendment Act 1992 Section 186(3) replaced 1 July 1992 section 20(3) Local Government Amendment Act 1992 Section 186(9) amended 1 March 1988 section 58(1) Local Government Official Information and Meetings Act 1987
187: Notice of alteration of tax
On the making of any alteration to the scale of tax to be levied in any tax area, the principal administrative officer
a: give public notice, which shall be published in newspapers circulating in the tax area, in the form set out in Schedule 8
b: send to every wholesale distributor at his head office for New Zealand a notice to the same effect; and
c: send to the Secretary of Trade and Industry a notice to the same effect. 1970 No 134 s 10 Section 187 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 187 amended 19 January 1981 section 2(2) Local Government Amendment Act 1980
188: Functions of distribution authority
The functions of a distribution authority shall be—
a: of its own motion or at the request of 2 or more component authorities of the tax area, to convene such meetings as may be required for the purposes of section 186
b: to collect and distribute the proceeds of the tax within the tax area in accordance with section 198
c: to provide such administrative, secretarial, and accounting services as are necessary for the purpose of this section. 1970 No 134 ss 17, 18 Section 188 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 188 proviso repealed 1 July 1992 section 21 Local Government Amendment Act 1992 Collection of tax Heading inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977
189: Returns by wholesale distributors
1: Within 28 days after the end of each accounting month within the meaning of the Motor Spirits Duty Act 1961, every wholesale distributor shall send to the principal administrative officer local authorities fuel tax monthly return
a: the quantity of each class of specified engine fuel section 185
b: the amount of local authorities fuel tax
c: such other particulars (if any) as may be prescribed.
2: Every wholesale distributor who fails to send to any such principal administrative officer 1970 No 134 s 20 Section 189 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 189(1) amended 1 October 2008 section 8(1) Local Government Act 1974 Amendment Act 2008 Section 189(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 189(1)﻿(a) amended 1 October 2008 section 8(2) Local Government Act 1974 Amendment Act 2008 Section 189(1)﻿(b) amended 1 October 2008 section 8(1) Local Government Act 1974 Amendment Act 2008
190: Assessment of tax
1: The monthly return under section 189 principal administrative officer local authorities fuel tax principal administrative officer
2: For the purposes of this Part, the Auditor-General has, in respect of the records of wholesale distributors relating to specified engine fuel Public Audit Act 2001
3: After any such inspection or examination as aforesaid, the Auditor-General principal administrative officer local authorities fuel tax principal administrative officer 1970 No 134 s 21 Section 190 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 190(1) amended 1 October 2008 section 9(1) Local Government Act 1974 Amendment Act 2008 Section 190(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 190(2) replaced 1 July 2001 section 46 Public Audit Act 2001 Section 190(2) amended 1 October 2008 section 9(2) Local Government Act 1974 Amendment Act 2008 Section 190(3) amended 1 October 2008 section 9(1) Local Government Act 1974 Amendment Act 2008 Section 190(3) amended 1 July 2001 section 52 Public Audit Act 2001 Section 190(3) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980
191: Assessment presumed to be correct
Every assessment made by the principal administrative officer section 192 specified engine fuel 1970 No 134 s 22 Section 191 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 191 amended 1 October 2008 section 10 Local Government Act 1974 Amendment Act 2008 Section 191 amended 19 January 1981 section 2(2) Local Government Amendment Act 1980
192: Appeal against assessment
1: Within 14 days after a demand for the tax is made by the principal administrative officer the District Court
2: On the hearing of the appeal, the court, whose decision shall be final, may confirm or amend the assessment made by the principal administrative officer 1970 No 134 s 23 Section 192 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 192(1) amended 1 March 2017 section 261 District Court Act 2016 Section 192(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 192(2) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980
193: Tax recoverable as a debt
1: Any local authorities fuel tax specified engine fuel specified engine fuel
2: Subject to this Part, any such debt in respect of any local authorities fuel tax section 189 principal administrative officer
3: The right to recover any tax as a debt under this section shall not be affected by the fact that no proper assessment of the tax has been made in due course under this Part, or that a deficient assessment of the tax has been made. 1970 No 134 s 24 Section 193 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 193(1) amended 1 October 2008 section 11(1) Local Government Act 1974 Amendment Act 2008 Section 193(1) amended 1 October 2008 section 11(2) Local Government Act 1974 Amendment Act 2008 Section 193(2) amended 1 October 2008 section 11(1) Local Government Act 1974 Amendment Act 2008 Section 193(2) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980
194: Penalty for late payment of tax
Notwithstanding the provisions of this Part, if any local authorities fuel tax section 193 provided that a meeting of representatives of the component authorities, held in accordance with section 186 1970 No 134 s 25 Section 194 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 194 amended 1 October 2008 section 12 Local Government Act 1974 Amendment Act 2008 Application of proceeds of tax Heading inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977
195: Separate bank account to be kept by distribution authority
1: All money received by the distribution authority of any tax area pursuant to this Part shall be paid into the bank at which the distribution authority keeps its general funds, to the credit of a separate account to be called The [ name of tax area Local Authorities Fuel Tax Account
2: The provisions of this Act as to the manner in which money may be paid from its bank accounts shall apply with respect to payments made from the said account. 1970 No 134 s 26 Section 195 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 195(1) amended 1 October 2008 section 13 Local Government Act 1974 Amendment Act 2008
196: Accounts to be kept in accordance with requirements of
Auditor-General
1: The distribution authority of every tax area shall keep such accounts, and keep them in such manner, as may be directed by the Auditor-General local authorities fuel tax
2: The decision of the Auditor-General 1970 No 134 s 27 Section 196 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 196 heading amended 1 July 2001 section 52 Public Audit Act 2001 Section 196(1) amended 1 October 2008 section 14 Local Government Act 1974 Amendment Act 2008 Section 196(1) amended 1 July 2001 section 52 Public Audit Act 2001 Section 196(2) amended 1 July 2001 section 52 Public Audit Act 2001
197: Transfer by distribution authority of authorised cost of services
1: The distribution authority of any tax area may from time to time transfer to its general revenues from the Local Authorities Fuel Tax Account local authorities fuel tax
2: If any dispute arises as to any amount transferred under subsection (1), or to be transferred or otherwise in relation thereto, it shall be decided by the Auditor-General
3: Except as provided in this Part, it shall not be lawful for the distribution authority to transfer any money from the Local Authorities Fuel Tax Account Section 197 replaced 1 July 1992 section 22 Local Government Amendment Act 1992 Section 197(1) amended 1 October 2008 section 15(1) Local Government Act 1974 Amendment Act 2008 Section 197(1) amended 1 October 2008 section 15(2) Local Government Act 1974 Amendment Act 2008 Section 197(2) amended 1 July 2001 section 52 Public Audit Act 2001 Section 197(3) amended 1 October 2008 section 15(1) Local Government Act 1974 Amendment Act 2008
198: Distribution of proceeds
1: Subject to this Part, the proceeds of the tax in a tax area in any year shall be distributed by the distribution authority among the component authorities of the tax area (including the distribution authority) according to the proportion which the total rate revenue of each such component authority for the immediately preceding financial year bears to the total rate revenue of all the component authorities for that preceding financial year.
2: For the purposes of this section, the expression rate revenue
3: Nothing in this section shall be deemed to prevent a region or district forming part of 2 or more tax areas.
4: Any money paid to any component authority under this section shall form part of the general revenues of that component authority. Section 198 replaced 16 December 1989 Local Government Reform (Transitional Provisions) Act 1990 Section 198(2) replaced 1 July 1992 section 23 Local Government Amendment Act 1992
199: Effect on agreements of imposition or alteration of tax
For the purposes of this Act, section 159 of the Customs Act 1966, so far as it is applicable and with all necessary modifications, shall apply to agreements for the sale of specified engine fuel local authorities fuel tax 1970 No 134 s 33 Section 199 inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 199 amended 1 October 2008 section 16(1) Local Government Act 1974 Amendment Act 2008 Section 199 amended 1 October 2008 section 16(2) Local Government Act 1974 Amendment Act 2008
199A: Order in Council prescribing local authorities fuel tax
1: The Governor-General may, by Order in Council,—
a: specify the engine fuels set out in the Excise and Excise-equivalent Duties Table (as defined in section 5(1)
b: prescribe the scale rates for specified engine fuel.
2: The scale rates of the local authorities fuel tax prescribed by an Order in Council under subsection (1)﻿(b) may not exceed the rate of the local authorities fuel tax scale rates set out in Schedule 6
a: for which the specified engine fuel is a functional substitute; or
b: with which the specified engine fuel is commonly blended.
3: Subsection (2) overrides subsection (1).
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 s 115 116 This note is not part of the Act. Section 199A inserted 1 October 2008 section 17 Local Government Act 1974 Amendment Act 2008 Section 199A(1)﻿(a) replaced 1 January 2010 section 11(4) Customs and Excise Amendment Act 2009 Section 199A(1)﻿(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 199A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
200: Regulations in respect of local authorities
fuel
1: Without limiting the power to make regulations conferred by section 723
a: prescribing such forms, returns, and notices as may be necessary for any purpose under this Part:
b: prescribing matters to be included in any returns to be made or accounts or records to be kept by wholesale distributors or other persons for any purpose under this Part:
c: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
2: Regulations made for the purpose of this section are secondary legislation ( see Part 3 1970 No 134 s 34 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 200 inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 200 heading amended 1 October 2008 section 18 Local Government Act 1974 Amendment Act 2008 Section 200(1) amended 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 200(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
11A: Regional petrol tax
Part 11A repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200A: Interpretation
Section 200A repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200B: Application of this Part
Section 200B repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200C: Power of regional councils to levy regional petrol tax
Section 200C repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200D: Regional petrol tax to be notified
Section 200D repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200E: Restriction on collection of tax
Section 200E repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200F: Application of proceeds of tax
Section 200F repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200G: Returns by wholesale distributors
Section 200G repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200H: Assessment of tax
Section 200H repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200I: Assessment presumed to be correct
Section 200I repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200J: Appeal against assessment
Section 200J repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200K: Tax recoverable as a debt
Section 200K repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200L: Penalty for late payment of tax
Section 200L repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200M: Effect on agreements of imposition or alteration of tax
Section 200M repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
200N: Accounting month
Section 200N repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995
12: Accounting documents, special funds, trading undertakings, and expenditure
Part 12 repealed 1 July 2003 section 266 Local Government Act 2002
201: Application and interpretation of Part 12
Section 201 repealed 1 July 1990 section 22(1)﻿(a) Local Government Amendment Act (No 2) 1989 Financial records Heading repealed 1 July 2003 section 266 Local Government Act 2002
202: Financial records
Section 202 repealed 1 July 1990 section 22(1)﻿(b) Local Government Amendment Act (No 2) 1989
203: Allocation of administration costs
Section 203 repealed 19 January 1981 section 27(1) Local Government Amendment Act 1980
204: Inspection of documents by electors and others
Section 204 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989 Custody of and payment of money Heading repealed 1 July 2003 section 266 Local Government Act 2002
205: Payment to and withdrawal from bank accounts
Section 205 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989
206: Deposit at interest
Section 206 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989
207: Council may establish Imprest Accounts
Section 207 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989
208: Council may establish special funds
Section 208 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989
209: Certain funds deemed to be special funds under this Act
Section 209 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989 Special provisions as to trading undertakings Heading repealed 1 July 2003 section 266 Local Government Act 2002
210: Asset renewal charge
Section 210 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989
211: Application of asset renewal charge
Section 211 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989
212: Investment of asset renewal charge
Section 212 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989
213: Power to revoke appointment of Commissioners
Section 213 repealed 1 July 1990 section 22(1)﻿(c) Local Government Amendment Act (No 2) 1989 Remuneration and expenses of, and use of facilities by, mayor or chairman and other members Heading repealed 1 July 2003 section 266 Local Government Act 2002
214: Interpretation
Section 214 repealed 1 July 1989 section 23(1)﻿(a) Local Government Amendment Act (No 2) 1989
214A: Annual allowances to be determined by Higher Salaries Commission
Section 214A repealed 1 July 1989 section 23(1)﻿(a) Local Government Amendment Act (No 2) 1989
214B: Annual allowances and remuneration to be determined by Minister following determination by Higher Salaries Commission
Section 214B repealed 1 July 1989 section 23(1)﻿(b) Local Government Amendment Act (No 2) 1989
214C: Alteration to annual allowances or remuneration of chairmen, deputy chairmen, chairmen of standing or special committees, and other members of local authorities
Section 214C repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214D: Payment of annual allowances and remuneration
Section 214D repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214E: Attendance at certain conferences and meetings to be remunerated
Section 214E repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214F: Remuneration of persons who are neither members nor employees of local authority
Section 214F repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214G: Annual allowances and remuneration not payable in certain circumstances
Section 214G repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214H: Annual allowance of chairman of district community council
Section 214H repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214I: Remuneration of chairman and other members of community council
Section 214I repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214J: Annual allowance or remuneration payable to existing office holder not to be reduced
Section 214J repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214K: Reduction of annual allowance where full term not served
Section 214K repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214L: Officer holder may decline to accept annual allowance or remuneration
Section 214L repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
214M: Fund from which allowances and remuneration to be paid
Section 214M repealed 1 July 1989 section 23(1)﻿(c) Local Government Amendment Act (No 2) 1989
215: Travelling expenses of members
Section 215 repealed 1 July 1989 section 23(1)﻿(d) Local Government Amendment Act (No 2) 1989
216: Travelling expenses of members attending conferences
Section 216 repealed 1 July 1989 section 23(1)﻿(e) Local Government Amendment Act (No 2) 1989
217: Expenses of members of district community councils and community councils
Section 217 repealed 1 July 1989 section 23(1)﻿(f) Local Government Amendment Act (No 2) 1989
218: Use of transport facilities by members
Section 218 repealed 1 July 1989 section 23(1)﻿(f) Local Government Amendment Act (No 2) 1989
219: Miscellaneous expenditure
Section 219 repealed 1 July 1990 section 22(1)﻿(d) Local Government Amendment Act (No 2) 1989 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002
220: Government not liable for district debts
Section 220 repealed 1 July 1990 section 22(1)﻿(e) Local Government Amendment Act (No 2) 1989
221: Rates of interest
Section 221 repealed 1 July 1990 section 22(1)﻿(f) Local Government Amendment Act (No 2) 1989
222: Offences by employees with respect to money or accounts
Section 222 repealed 1 July 1990 section 22(1)﻿(g) Local Government Amendment Act (No 2) 1989
223: Regulations as to collection of and accounting for money
Section 223 repealed 1 July 1990 section 22(1)﻿(h) Local Government Amendment Act (No 2) 1989
223A: Preparation of financial statements in certain circumstances
Section 223A repealed 1 July 1990 section 22(1)﻿(i) Local Government Amendment Act (No 2) 1989
12A: Accountability and accounting
Part 12A repealed 1 July 2003 section 266 Local Government Act 2002
223B: Commencement
Section 223B repealed 1 July 2003 section 266 Local Government Act 2002
223C: Conduct of affairs
Section 223C repealed 1 July 2003 section 266 Local Government Act 2002
223CA: Special provisions applying to Wellington Regional Council
Section 223CA repealed 1 July 2003 section 266 Local Government Act 2002
223D: Annual plan
Section 223D repealed 1 July 2003 section 266 Local Government Act 2002
223E: Annual report
Section 223E repealed 1 July 2003 section 266 Local Government Act 2002
223F: Financial systems
Section 223F repealed 1 July 2003 section 266 Local Government Act 2002
223G: Failure to comply with financial reporting requirements
Section 223G repealed 1 July 2003 section 266 Local Government Act 2002
223H: Inspection of financial records by members and specified officers of local authority
Section 223H repealed 1 July 2003 section 266 Local Government Act 2002
223I: Banking and related matters
Section 223I repealed 1 July 2003 section 266 Local Government Act 2002
223J: Miscellaneous expenditure
Section 223J repealed 1 July 2003 section 266 Local Government Act 2002
223K: Unauthorised expenditure
Section 223K repealed 1 July 2003 section 266 Local Government Act 2002
223L: Government not liable for debts
Section 223L repealed 1 July 2003 section 266 Local Government Act 2002
13: Council property
Part 13 repealed 1 July 2003 section 266 Local Government Act 2002
224: Interpretation
Section 224 repealed 1 July 2003 section 266 Local Government Act 2002
225: Property for council purposes
Section 225 repealed 1 July 2003 section 266 Local Government Act 2002
225A: Interpretation
Section 225A repealed 1 July 2003 section 266 Local Government Act 2002
225B: Port company shares and assets and liabilities of former harbour boards
Section 225B repealed 1 July 2003 section 266 Local Government Act 2002
225C: Application of proceeds of sale
Section 225C repealed 1 July 2003 section 266 Local Government Act 2002
225D: Community trusts
Section 225D repealed 1 July 2003 section 266 Local Government Act 2002
225E: Purpose of Trust
Section 225E repealed 1 July 2003 section 266 Local Government Act 2002
225F: Trustees
Section 225F repealed 1 July 2003 section 266 Local Government Act 2002
225G: Term of office of trustees
Section 225G repealed 1 July 2003 section 266 Local Government Act 2002
225H: Persons not capable of holding office as trustee
Section 225H repealed 1 July 2003 section 266 Local Government Act 2002
225I: Financial statements
Section 225I repealed 1 July 2003 section 266 Local Government Act 2002
225J: Trustees to hold public meeting
Section 225J repealed 1 July 2003 section 266 Local Government Act 2002
225K: Matters to be included in trust deed
Section 225K repealed 1 July 2003 section 266 Local Government Act 2002
225L: Trust deed not to be inconsistent with provisions of this Act
Section 225L repealed 1 July 2003 section 266 Local Government Act 2002
225M: Application of Trustee Act 1956
Section 225M repealed 1 July 2003 section 266 Local Government Act 2002
226: Disposal of council property (other than land)
Section 226 repealed 1 July 2003 section 266 Local Government Act 2002
227: Shops and offices
Section 227 repealed 1 July 2003 section 266 Local Government Act 2002
228: Council may purchase land by instalments
Section 228 repealed 1 July 2003 section 266 Local Government Act 2002
14: Sale and leasing of land
Part 14 repealed 1 July 2003 section 266 Local Government Act 2002
229: Interpretation
Section 229 repealed 1 July 1992 section 29 Local Government Amendment Act 1992
230: Sale or exchange of council land
Section 230 repealed 1 July 2003 section 266 Local Government Act 2002
231: Leasing of land by council
Section 231 repealed 1 July 2003 section 266 Local Government Act 2002
232: Lease of council building as cinematograph theatre
Section 232 repealed 1 July 2003 section 266 Local Government Act 2002
233: Leases to other local authorities may be by private contract
Section 233 repealed 1 July 2003 section 266 Local Government Act 2002
234: Special provisions with respect to land and buildings reserved for recreation
Section 234 repealed 1 July 2003 section 266 Local Government Act 2002
235: Council may grant easements
Section 235 repealed 1 July 2003 section 266 Local Government Act 2002
236: Transfers and leases to Crown for reserves or public purposes
Section 236 repealed 1 July 2003 section 266 Local Government Act 2002
15: Works of councils
Part 15 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
237: Interpretation
Section 237 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
237A: Power to acquire land
Section 237 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
237B: Land for regional planning
Section 237B repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
238: General powers of council in respect of works
Section 238 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
238A: Execution of works and services for united council
Section 238A repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
239: Council involvement in joint ventures with other persons
Section 239 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
239A: Agreement for execution of works and development for regional planning purposes
Section 239A repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
239B: Joining of other local authorities in, and sharing of expenses of, works and development for regional planning
Section 239B repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
240: Compensation payable by council for land taken or injuriously affected
Section 240 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
241: Government works not to be interfered with
Section 241 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
242: Council not authorised to create nuisance
Section 242 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
243: Protection of permanent reference marks
Section 243 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
16: Contracts
Part 16 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
244: Interpretation
Section 244 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
245: Contracts for works
Section 245 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
246: Council may contract with Minister of Works and Development and other local authorities and public bodies for execution of works
Section 246 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
247: Co-operative contracts
Section 247 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989
16A: Works and contracts
Part 16A repealed 1 July 2003 section 266 Local Government Act 2002
247A: Commencement
Section 247A repealed 1 July 2003 section 266 Local Government Act 2002
247B: General powers
Section 247B repealed 1 July 2003 section 266 Local Government Act 2002
247C: General power to be involved in business and other ventures
Section 247C repealed 1 July 2003 section 266 Local Government Act 2002
247D: Method to be adopted
Section 247D repealed 1 July 2003 section 266 Local Government Act 2002
247E: Contracts and tenders
Section 247E repealed 1 July 2003 section 266 Local Government Act 2002
247F: Power to acquire land
Section 247F repealed 1 July 2003 section 266 Local Government Act 2002
247G: Compensation payable by local authority for land taken or injuriously affected
Section 247G repealed 1 July 2003 section 266 Local Government Act 2002
247H: Local authority not authorised to create nuisance
Section 247H repealed 1 July 2003 section 266 Local Government Act 2002
17: Documents and local archives
Part 17 repealed 21 April 2005 section 66(b) Public Records Act 2005
248: Interpretation
Section 248 repealed 21 April 2005 section 66(b) Public Records Act 2005 Documents Heading repealed 21 April 2005 section 66(b) Public Records Act 2005
249: Council to make arrangements in connection with documents
Section 249 repealed 21 April 2005 section 66(b) Public Records Act 2005
250: Documents of district community councils and community councils
Section 250 repealed 21 April 2005 section 66(b) Public Records Act 2005
251: Documents of abolished local authorities
Section 251 repealed 21 April 2005 section 66(b) Public Records Act 2005
252: Authentication of documents by council or board
Section 252 repealed 21 April 2005 section 66(b) Public Records Act 2005
253: Service of documents, etc
Section 253 repealed 21 April 2005 section 66(b) Public Records Act 2005
254: Loss or destruction of documents, etc
Section 254 repealed 21 April 2005 section 66(b) Public Records Act 2005
255: Certified copies of documents
Section 255 repealed 21 April 2005 section 66(b) Public Records Act 2005 Local archives Heading repealed 21 April 2005 section 66(b) Public Records Act 2005
256: Protection of local archives
Section 256 repealed 21 April 2005 section 66(b) Public Records Act 2005
257: Use of local archives
Section 257 repealed 21 April 2005 section 66(b) Public Records Act 2005
258: Acquisition of local archives and other documents
Section 258 repealed 21 April 2005 section 66(b) Public Records Act 2005
259: Destruction of certain local archives
Section 259 repealed 21 April 2005 section 66(b) Public Records Act 2005
18: General provisions as to functions and powers
Part 18 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
260: Functions of united councils
Section 260 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
261: Regional or united council may undertake constituent authority functions
Section 261 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
262: Functions conferred by Order in Council
Section 262 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
263: Provisions on transfer of functions
Section 263 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
19: Functions of regional and united councils only
Part 19 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
264: Interpretation
Section 264 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
265: New regional functions
Section 265 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
266: Councils to exercise civil defence functions
Section 266 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
266A: Functions relating to developments of regional importance
Section 266A repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
267: Delegation of functions from Crown
Section 267 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
268: Territorial authority may perform functions of regional council in certain circumstances
Section 268 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
269: Out-districts
Section 269 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
19A: Administration of petroleum rationing by regional councils and united councils
Part 19A repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992
269A: Interpretation
Section 269A repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992
269B: Regions for the purposes of this Part
Section 269B repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992
269C: Councils to undertake petroleum products rationing
Section 269C repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992
269D: Petroleum products rationing organisation plans
Section 269D repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992
269E: Petroleum products rationing administrative plans
Section 269E repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992
269F: Amendment to approved plans
Section 269F repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992
269G: Regional and united councils and territorial authorities to give effect to operative petroleum products rationing plans
Section 269G repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992
20: Subdivision and development of land
Part 20 repealed 1 October 1991 section 362 Resource Management Act 1991
270: Interpretation and application
Section 270 repealed 1 October 1991 section 362 Resource Management Act 1991
270A: Local Government Amendment Act 1981 not to apply to certain developments not completed at 1 January 1981
Section 270A repealed 1 October 1991 section 362 Resource Management Act 1991
271: Subdivision defined
Section 271 repealed 1 October 1991 section 362 Resource Management Act 1991
271A: Development defined
Section 271A repealed 1 October 1991 section 362 Resource Management Act 1991
272: Application of this Part to the Crown
Section 272 repealed 1 October 1991 section 362 Resource Management Act 1991
273: Application of this Part to subdivision or development by council
Section 273 repealed 1 October 1991 section 362 Resource Management Act 1991
273A: Application of this Part to developments by local authorities
Section 273A repealed 1 October 1991 section 362 Resource Management Act 1991
273B: Application of this Part to development by hospital boards
Section 273B repealed 1 October 1991 section 362 Resource Management Act 1991
273C: Application of this Part to relocatable home parks
Section 273C repealed 1 October 1991 section 362 Resource Management Act 1991 Subdivision Heading repealed 1 October 1991 section 362 Resource Management Act 1991
274: Subdivision not to be permitted in certain circumstances
Section 274 repealed 1 October 1991 section 362 Resource Management Act 1991
275: Scheme plan to be submitted to council
Section 275 repealed 1 October 1991 section 362 Resource Management Act 1991
276: Concept plan may be required in certain cases
Section 276 repealed 1 October 1991 section 362 Resource Management Act 1991
277: Concept plan to be referred to certain authorities
Section 277 repealed 1 October 1991 section 362 Resource Management Act 1991
278: Action to be taken in respect of concept plan
Section 278 repealed 1 October 1991 section 362 Resource Management Act 1991
279: Powers of council where scheme plan submitted
Section 279 repealed 1 October 1991 section 362 Resource Management Act 1991
280: Council and owner may agree for subdivision to proceed
Section 280 repealed 1 October 1991 section 362 Resource Management Act 1991
281: Application of Part 21
Section 281 repealed 1 October 1991 section 362 Resource Management Act 1991
282: Minimum frontage and area requirements
Section 282 repealed 1 October 1991 section 362 Resource Management Act 1991
283: Public water supply, drainage, electricity reticulation, and gas supply
Section 283 repealed 1 October 1991 section 362 Resource Management Act 1991 Reserves Heading repealed 1 October 1991 section 362 Resource Management Act 1991
284: Reserves policy
Section 284 repealed 1 October 1991 section 362 Resource Management Act 1991
285: Reserves contributions in case of residential subdivisions
Section 285 repealed 1 October 1991 section 362 Resource Management Act 1991
286: Reserves contributions in respect of subdivision for commercial or industrial purposes
Section 286 repealed 1 October 1991 section 362 Resource Management Act 1991
287: Reserves contributions previously paid
Section 287 repealed 1 October 1991 section 362 Resource Management Act 1991
288: Payment and use of reserves contributions
Section 288 repealed 1 October 1991 section 362 Resource Management Act 1991
289: Reserves along areas of water
Section 289 repealed 1 October 1991 section 362 Resource Management Act 1991
290: Compensation in respect of land along areas of water set aside as reserves
Section 290 repealed 1 October 1991 section 362 Resource Management Act 1991
291: Preservation of trees and buildings of historic interest and wildlife habitat
Section 291 repealed 1 October 1991 section 362 Resource Management Act 1991
292: Reserves for future service lanes
Section 292 repealed 1 October 1991 section 362 Resource Management Act 1991 Development Heading repealed 1 October 1991 section 362 Resource Management Act 1991
293: Development plans
Section 293 repealed 1 October 1991 section 362 Resource Management Act 1991
294: Reserves and public services contributions in respect of development
Section 294 repealed 1 October 1991 section 362 Resource Management Act 1991
294A: Calculation of development levy
Section 294A repealed 1 October 1991 section 362 Resource Management Act 1991
294B: Application of other sections to developments
Section 294B repealed 1 October 1991 section 362 Resource Management Act 1991
294C: Variation of development plan or conditions imposed
Section 294C repealed 1 October 1991 section 362 Resource Management Act 1991
294D: Reserves contributions or development levy where development varied
Section 294D repealed 1 October 1991 section 362 Resource Management Act 1991
294E: Redetermination of assessed value
Section 294E repealed 1 October 1991 section 362 Resource Management Act 1991
294F: Determination of actual capital value of development
Section 294F repealed 1 October 1991 section 362 Resource Management Act 1991
294FA: Amendment of development levy when development completed
Section 294FA repealed 1 October 1991 section 362 Resource Management Act 1991
294G: Calculation of reserves contributions and development levy when development completed
Section 294G repealed 1 October 1991 section 362 Resource Management Act 1991
294H: Application of development levies fixed by council
Section 294H repealed 1 October 1991 section 362 Resource Management Act 1991
294I: Owner to contribute to certain regional works
Section 294I repealed 1 October 1991 section 362 Resource Management Act 1991 Provision for parking Heading repealed 1 October 1991 section 362 Resource Management Act 1991
295: Provision for parking
Section 295 repealed 1 October 1991 section 362 Resource Management Act 1991 General provisions Heading repealed 1 October 1991 section 362 Resource Management Act 1991
296: Variation or revocation of scheme plan or conditions imposed
Section 296 repealed 1 October 1991 section 362 Resource Management Act 1991
297: Refund of money if scheme plan revoked or lapses
Section 297 repealed 1 October 1991 section 362 Resource Management Act 1991
297A: Refund of money and return of land where development does not proceed
Section 297A repealed 1 October 1991 section 362 Resource Management Act 1991
298: Valuation of land or of work done
Section 298 repealed 1 October 1991 section 362 Resource Management Act 1991
299: Objection to decision relating to developments
Section 299 repealed 1 October 1991 section 362 Resource Management Act 1991
300: Appeals to Planning Tribunal
Section 300 repealed 1 October 1991 section 362 Resource Management Act 1991
301: Appeal against determination of valuer
Section 301 repealed 1 October 1991 section 362 Resource Management Act 1991
302: Work may begin pending decision on objection or appeal
Section 302 repealed 1 October 1991 section 362 Resource Management Act 1991
303: Completion certificate
Section 303 repealed 1 October 1991 section 362 Resource Management Act 1991
304: Bonds
Section 304 repealed 1 October 1991 section 362 Resource Management Act 1991
305: Survey plan may be submitted to council for approval
Section 305 repealed 1 October 1991 section 362 Resource Management Act 1991
306: Survey plan to be deposited
Section 306 repealed 1 October 1991 section 362 Resource Management Act 1991
306A: Vesting of land in council in respect of a development
Section 306A repealed 1 October 1991 section 362 Resource Management Act 1991
307: Agreement to sell land or building before deposit of plan
Section 307 repealed 1 October 1991 section 362 Resource Management Act 1991
308: Plan approved subject to amalgamation or transfer of allotments
Section 308 repealed 1 October 1991 section 362 Resource Management Act 1991
309: Plan approved subject to grant or reservation of easements
Section 309 repealed 1 October 1991 section 362 Resource Management Act 1991
310: Contravention not to affect title to land
Section 310 repealed 1 October 1991 section 362 Resource Management Act 1991
311: Offences
Section 311 repealed 1 October 1991 section 362 Resource Management Act 1991
312: Savings as to previous approvals
Section 312 repealed 1 October 1991 section 362 Resource Management Act 1991
313: Code of urban subdivision
Section 313 repealed 1 October 1991 section 362 Resource Management Act 1991
314: Registration of company leases and cross leases
Section 314 repealed 1 October 1991 section 362 Resource Management Act 1991
21: Roads (other than regional roads), service lanes, and access ways
Part 21 inserted 1 April 1979 section 2 Local Government Amendment Act 1978
315: Interpretation
1: In this Part, unless the context otherwise requires,— access way or, on or after 1 April 1988, the Minister of Lands council the Minister of Local Government district Minister of Local Government footpath private road or formed private way road
a: immediately before the commencement of this Part was a road or street or public highway; or
b: immediately before the inclusion of any area in the district was a public highway within that area; or
c: is laid out by the council as a road or street after the commencement of this Part; or
d: is vested in the council for the purpose of a road as shown on a deposited survey plan; or
e: is vested in the council as a road or street pursuant to any other enactment;— and includes—
f: except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988
g: every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;— but, except as provided in the Public Works Act 1981 or the Government Roading Powers Act 1989 service lane or, on or after 1 April 1988, the Minister of Lands survey plan Resource Management Act 1991
2:
3: Nothing in this Part shall be construed as imposing any obligation on the council in relation to any private road or private way.
4: Every accretion to any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake caused by the action of the river or stream or of the sea or lake shall form part of the road.
5: Where any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake is eroded by the action of the river or stream or of the sea or lake, the portion of road so eroded shall continue to be a road. 1948 No 39 s 2; 1954 No 76 s 169(1)﻿(a)–(e), (2), (5), (7); 1956 No 64 s 191(a)–(e), (g)–(k); 1972 No 132 s 2; 1975 No 8 s 2(1) Section 315 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 315(1) access way amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) council amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) council amended 14 January 1983 Local Government Amendment Act (No 2) 1982 Section 315(1) district amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) private road amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 315(1) regional council repealed 1 July 1992 section 34 Local Government Amendment Act 1992 Section 315(1) road amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 315(1) road amended 1 February 1982 section 248(1) Public Works Act 1981 Section 315(1) road amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) road amended 12 December 1979 section 7(1) Local Government Amendment Act 1979 Section 315(1) scheme plan repealed 1 October 1991 section 362 Resource Management Act 1991 Section 315(1) service lane amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) survey plan replaced 1 October 1991 section 362 Resource Management Act 1991 Section 315(2) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979
316: Property in roads
1: Subject to section 318
2: At the request of the New Zealand Transport Agency
3: If a council acts under subsection (2),—
a: the property in the State highway vests in the council or in the Crown (as the case may be) without any instrument of transfer; and
b: on presentation of an authenticated copy of the relevant resolution, the Registrar-General of Land must alter the register accordingly.
4: In this section the term road
a: any government road:
b: any State highway or part of a State highway situated in a county or in that part of the district of a district council which before the constitution of the district was or formed part of a county:
c: any road in respect of which the Minister of Local Government
d: any regional road or part thereof (as defined in Part 22 1954 No 76 s 170(1); 1956 No 64 s 191A(1); 1972 No 132 s 2 Section 316 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 316(2) replaced 7 July 2004 section 4 Local Government Act 1974 Amendment Act 2004 Section 316(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 316(3) replaced 7 July 2004 section 4 Local Government Act 1974 Amendment Act 2004 Section 316(4)﻿(c) amended 23 July 1988 Local Government Amendment Act (No 3) 1988
317: Control of roads
1: Subject to section 318 provided that—
a: a State highway or part thereof shall be under the control of the council only where the New Zealand Transport Agency section 62 Government Roading Powers Act 1989
b: a government road shall be under the control of the Minister of Transport
c:
2: Any powers conferred on the council by this Part may be exercised—
a: in relation to any State highway or part thereof, only if that State highway or part is under the control of the council or the exercise of that power by the council has been consented to by the New Zealand Transport Agency
b: 1954 No 76 s 170(2); 1956 No 64 s 191A(2); 1972 No 132 s 2 Section 317 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 317(1) proviso paragraph (a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 317(1) proviso paragraph (a) amended 1 October 1989 section 116(4) Government Roading Powers Act 1989 Section 317(1) proviso paragraph (b) amended 1 April 1988 Local Government Amendment Act 1988 Section 317(1) proviso paragraph (c) repealed 1 July 1992 section 35 Local Government Amendment Act 1992 Section 317(1)﻿(2)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 317(2)﻿(b) repealed 1 July 1992 section 35 Local Government Amendment Act 1992
318: Control and maintenance of boundary roads
Section 318 repealed 22 October 2019 section 43 Local Government Act 2002 Amendment Act 2019
318A: Transfer of responsibilities between regional councils and territorial authorities
1: A regional council may transfer 1 or more of its responsibilities under this Part to a territorial authority under section 17
2: A territorial authority may transfer 1 or more of its responsibilities under this Part to a regional council under section 17
3: In this section, responsibility
a: a responsibility that has previously been transferred under section 17
b: any powers associated with the responsibility, duty, or legal obligation. Section 318A inserted 22 October 2019 section 42 Local Government Act 2002 Amendment Act 2019 Formation, alteration, stopping, and closing of roads Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978
319: General powers of councils in respect of roads
1: The council shall have power in respect of roads to do the following things:
a: to construct , upgrade
b:
c: to lay out new roads:
d: to divert or alter the course of any road:
e: to increase or diminish the width of any road subject to and in accordance with the provisions of the district plan
f: to determine what part of a road shall be a carriageway, and what part a footpath or cycle track only:
g: to alter the level of any road or any part of any road:
h: to stop or close any road or part thereof in the manner and upon the conditions set out in section 342 Schedule 10
i: to make and use a temporary road upon any unoccupied land while any road adjacent thereto is being constructed or repaired:
j: to name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road:
k: to sell the surplus spoil of roads:
l: for the purpose of providing access from one road to another, or from one part of a road to another part of the same road, to construct on any road, or on land adjacent to any road, elevators, moving platforms, machinery, and overhead bridges for passengers or other traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith.
2: Before exercising a power under this section to do anything that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the council must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger. 1954 No 76 s 170(4)﻿(a)–(h), (j), (l)–(o); 1956 No 64 s 191A(5)﻿(a)–(h), (j), (l)–(o); 1972 No 132 s 2 Section 319 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 319(a) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 319(b) repealed 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 319(e) amended 1 October 1991 section 362 Resource Management Act 1991 Section 319(2) inserted 6 August 2010 section 27 Infrastructure (Amendments Relating to Utilities Access) Act 2010
319A: Naming of roads
If the council names any road for the first time, or alters the name of a road, the council must as soon as practicable send a copy of the relevant resolution to the Registrar-General of Land and the Surveyor-General. Section 319A replaced 7 July 2004 section 5 Local Government Act 1974 Amendment Act 2004
319B: Allocation of property numbers
1: For electoral, postal, and other purposes the council may allocate a number to any area of land or building or part of a building within its district and may change the number allocated to any such area of land or building.
2: The council shall comply with any request from a Chief Surveyor to allocate a number to or change the number of any area of land or building or part of a building in its district.
3: The principal administrative officer shall advise the Chief Surveyor of the land district in which the land or building is situated of the numbers allocated under subsection (1) or subsection (2) Section 319B inserted 30 March 1985 section 29 Local Government Amendment Act 1985
320: Powers relating to roads
Section 320 repealed 7 July 2004 section 6 Local Government Act 1974 Amendment Act 2004
321: Road access
Section 321 repealed 1 August 2003 section 98(1) Resource Management Amendment Act 2003
321A: Roading contributions as condition of approval of scheme plan
Section 321A repealed 1 October 1991 section 362 Resource Management Act 1991
322: Land for road formation or widening
Section 322 repealed 1 October 1991 section 362 Resource Management Act 1991
323: Unformed roads in the district
1: Where the land comprising any unformed road existing at the commencement of this Part was immediately before the commencement of this Part vested in the Corporation of the district by section 191A(1) of the Counties Act 1956, the Minister of Lands may, by notice in writing to the council given at any time while the land, or, as the case may be, the part thereof specified in the notice, continues to be an unformed road, require the council to transfer that land or that specified part thereof to the Crown without consideration, and the council shall transfer it to the Crown accordingly.
2: On the publication in the Gazette subsection (1) Land Act 1948 1956 No 64 s 191B; 1972 No 132 s 2 Section 323 inserted 1 April 1979 section 2 Local Government Amendment Act 1978
324: Council may contribute to cost of formation, maintenance, etc, of roads outside the district
1: The council may from time to time contribute from the general revenues of the district towards the funds of the council of any adjoining district for the purpose of the formation, maintenance, repair, widening, or upgrading
2: Any regional or united council may from time to time contribute towards the funds of any constituent authority for the purpose of the formation, maintenance, repair, widening, or upgrading 1954 No 76 s 171; 1956 No 64 s 193 Section 324 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 324(1) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 324(2) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985
324A: Power to carry out works on Maori roadway
1: The council may from time to time—
a: maintain, repair, or improve any roadway laid out in the district in accordance with Part 14
b: contribute towards the cost of maintaining, repairing, widening, or improving any roadway of the kind described in paragraph (a).
2: The council shall, before exercising in respect of any roadway, any of the powers conferred on it by subsection (1), obtain the written consent of—
a: the owners of the land comprising that roadway; and
b: the owners of the land adjoining that roadway if those owners are not the owners of the land comprising the roadway.
3: In any case where the owners of land comprising or adjoining a roadway laid out pursuant to Part 14 subsection (2) Part 10
4: The Maori Land Court shall deal with any application made pursuant to subsection (3) as if a notice under an enactment had been issued to the owners. Section 324A inserted 6 June 1989 section 31 Local Government Amendment Act (No 2) 1989 Section 324A(1)﻿(a) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 324A(3) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
325: Road widths
Section 235 expired 1 January 1993
326: Betterment arising from creation or widening of a road
1: Notwithstanding anything in section 62(1)﻿(f)
a: the council—
i: forms a new road in the district; or
ii: widens any existing road or part thereof in the district; and
b: for that purpose the council takes or purchases or otherwise acquires any part of any land and the other part of that land
c: by reason of the formation the Public Works Act 1981 the owner shall pay the amount of that excess to the council by way of betterment to the remaining part of his land.
2: Where an existing road is widened and land from only one side of the road is taken or purchased or otherwise acquired for that purpose, every owner of land with a frontage to the other side of the road shall, if so required by the council, pay to the council on account of betterment such sum of money as represents the increased value thereby given, or likely to be given, to his land. Where only part or parts of a road are widened, only those owners of land with frontages directly opposite the part or parts being widened may be required to pay betterment pursuant to this subsection.
3: Any claim for payment of betterment under subsection (1) or subsection (2) shall be made within 1 year from the execution of the work out of which it arose, and shall be made in form 1 in Schedule 12 the Public Works Act 1981
4: Any or all claims arising out of the widening of any road or part thereof may, with the consent in writing of all parties, be heard and determined together, and the Land Valuation Tribunal shall have power, on the application of any party, to order that all or any claims under this section in respect of land in which several persons have interest shall be heard and determined together and to apportion the amount awarded on account of betterment and the costs of proceedings against the several persons, in such proportions and in such manner as it thinks fit.
5: Any person liable may, if he so desires, pay the amount awarded to be payable by him, with interest at a rate per annum as fixed by the council, by equal half-yearly instalments extending over a period of 20  years or less, in which case he shall—
a: within 14 days after the date of the award, give notice in writing to the principal administrative officer
b: within 1 month after the date of the award, execute and deliver to the principal administrative officer Schedule 12 and thereupon the respondent shall have the right to pay that amount by instalments as set forth in the notice and memorandum of charge as aforesaid.
6:
7: The memorandum of charge shall, when registered, bind the property therein described, and operate as a first charge upon the estate or interest therein of the respondent, and rank in priority to all estates, encumbrances, and interests created by him or any of his predecessors in title.
8: Any such charge may be registered without fee in the Land Registry Office or in the Deeds Register Office of the land registration district wherein the land affected thereby is situate.
9: Notwithstanding anything to the contrary in any such charge, the council shall accept payment of the whole of the unpaid instalments secured by any such memorandum of charge at any time when the same is tendered, and for the purpose of any such tender interest shall be calculated and paid up to and including the day of tender.
10: A receipt expressed to be in full for all money secured by any such memorandum, signed by the principal administrative officer
11: Money received by the council under this section as betterment shall be credited against the cost of the formation formation
12: In this section the term road 1954 No 76 s 192; 1956 No 64 s 191H; 1968 No 123 s 17(1), (2)﻿(a); 1971 No 62 s 21; 1972 No 132 s 2 Section 326 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 326(1) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 326(1)﻿(b) amended 19 January 1981 section 38 Local Government Amendment Act 1980 Section 326(1)﻿(c) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 326(1)﻿(c) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 326(3) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 326(5)﻿(a) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 326(5)﻿(b) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 326(6) repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996 Section 326(10) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 326(11) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985
327: Building-line restrictions
Section 327 repealed 1 October 1991 section 362 Resource Management Act 1991
327A: Building-line restrictions
Where a building-line restriction has been imposed under this Act or any former enactment, and the council subsequently determines that the building-line restriction be cancelled, the council shall send notice of cancellation to the Registrar-General of Land Section 327A inserted 1 October 1991 section 362 Resource Management Act 1991 Section 327A amended 12 November 2018 section 250 Land Transfer Act 2017
328: Building-line restrictions provided in district scheme
Section 328 repealed 1 October 1991 section 362 Resource Management Act 1991
329: Road gradients
1: No road shall be laid out or constructed by the council, and no road or proposed road on any scheme plan shall be approved by the council, with a grade in any part of its length steeper than—
a: that fixed by any operative district scheme for the district; or
b: where there is no such district scheme or no such grade is specified in any such district scheme, that fixed by any bylaw or resolution of
c: 1 metre in 8 metres, in any case where that grade is not fixed by any such district scheme or by any bylaw or resolution of the council
2: In this section the term road 1954 No 76 s 170(3); 1956 No 64 s 191A(4); 1972 No 132 s 2 Section 329 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 329(1)﻿(b) amended 7 July 2004 section 7(1) Local Government Act 1974 Amendment Act 2004 Section 329(1)﻿(c) amended 7 July 2004 section 7(2) Local Government Act 1974 Amendment Act 2004
330: Road levels
1: The council may, if it thinks fit, make a map of the district or any specified portion thereof showing all roads therein with the levels thereof. Any map so made may be amended from time to time, and shall be open for public inspection at all reasonable hours at the office of the council.
2: All buildings erected in any part of the district for which a map has been made as aforesaid, shall be constructed with proper regard to the levels shown on the map.
3: Any person who erects any building abutting on a road without regard to the level of the road shall be liable to pay to the council any expenses incurred by the council in altering the level of the road adjacent to the building.
4: The council may at any time, either before or after the making of any such map, fix the level of any road, subject to the conditions set out in Schedule 13 provided that where no building or land appurtenant thereto fronts upon any road the conditions numbered 1 to 5 in that schedule need not apply.
5: Where a road crosses the boundary of a district or meets another road on such a boundary, the level of the road at the point of crossing or meeting shall not be altered without the agreement of both councils controlling the respective roads.
6: It shall be lawful for the council to throw the batter or make the slope of any road (not being a private road) upon any land, subject to the payment of compensation, to be claimed and ascertained under the Public Works Act 1981
7: No compensation shall be payable by the council in respect of an alteration in the level of any road, unless the alteration has been made after that level has been fixed under this Act or the corresponding provisions of any former Act, or after the road has been constructed in some permanent manner by any local authority having the power to do so.
8: In this section, unless the context otherwise requires, the term road 1928 No 21 s 123; 1954 No 76 ss 170(4)﻿(g), 193–198; 1956 No 64 ss 191A(5)﻿(g), 200–205; 1972 No 132 s 2 Section 330 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 330(6) amended 1 February 1982 section 248(1) Public Works Act 1981
331: Footpaths and channels
1: or upgrade
2: In forming or reforming any road or part thereof (not being a road in a rural area), the council shall ensure that reasonable and adequate provision is made for the kerb and channel of any footpath or part thereof to be formed or reformed so as to permit safe and easy passage from kerb to kerb of any mechanical conveyance normally and lawfully used by a disabled person.
3: However, the Director of Land Transport (appointed under section 104A 1954 No 76 s 178; 1956 No 64 s 198(1), (3); 1972 No 132 s 3; 1975 No 122 s 24 Section 331 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 331(1) amended 1 October 1991 section 362 Resource Management Act 1991 Section 331(1) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 331(2) proviso repealed 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 331(3) inserted 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
332: Cycle tracks
1: The council may on any road, or on any land vested in or under the control of the council, form a public cycle track, and may make bylaws under section 684
2: For the purpose of constructing any cycle track, the council may take, purchase, or otherwise acquire land in accordance with the provisions of this Act.
3: In this section the term road 1948 No 39 s 23; 1954 No 76 s 176(1); 1956 No 64 s 197 Section 332 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 332(1) amended 1 April 1980 section 8(1) Local Government Amendment Act 1979
333: Dividing strips, etc
1: The council may on any road construct, erect, or grow thereon or remove therefrom, such barriers, dividing strips, guiding or sign posts, pillars or other markers, trees, hedges, lawns, gardens, and other devices as are, in the opinion of the council, necessary for separating, guiding, or warning traffic, intercepting glare, or for any other purpose.
2: The council may on any road construct for road safety purposes, and alter or remove therefrom, any segregation strip for the purpose of segregating from the roadway any land having a frontage to the road: provided that no such segregation strip shall be constructed or altered so as to unreasonably prevent access to any land having a frontage to the road: provided also that for the purposes of this Act and of any other Act, any land having a frontage to the road before the construction of a segregation strip shall be deemed to continue to have that frontage, notwithstanding the existence of the segregation strip. 1948 No 39 s 22 Section 333 inserted 1 April 1979 section 2 Local Government Amendment Act 1978
334: Erection of monuments, etc, and provision of facilities on or under roads
1: The council may—
a: construct and enclose any part of a road as a pedestrian safety area:
b: lay out or plant grass plots or flower beds or trees on any road, and prohibit traffic, in whole or in part, on any such plots and flower beds laid out in roads (whether laid out before or after the commencement of this Part) by or under the authority of the council:
c: erect on any road a monument, statue, or other such erection:
d: construct or provide on, over, or under any road facilities for the safety, health, or convenience of the public, or for the control of traffic or the enforcement of traffic laws: provided that no such construction, erection, laying out, or planting shall be carried out, unless in the opinion of the council the construction, erection, laying out, or planting will not unduly impede vehicular traffic entering or using the road (not being a road or part of a road that has been declared a pedestrian mall under section 336
2: For the purposes of any resolution or bylaw of the council, anything constructed or provided under the authority of the council shall be deemed to be sufficiently described if the road in which it is constructed or provided and its approximate locality in that road are specified in the bylaw or resolution. 1954 No 76 s 170(4)﻿(k), (6); 1956 No 64 s 191A(5)﻿(k), (7); 1972 No 132 s 2 Section 334 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 334(1) proviso amended 7 July 2004 section 8 Local Government Act 1974 Amendment Act 2004
334A: Council may light roads, etc
1: A council may do all things necessary to light with any form of energy roads, private roads, public places, and (with the consent of the owner) private ways in the district.
2: In the exercise of the powers conferred by subsection (1), the council may—
a: acquire or construct or reconstruct, purchase, extend, enlarge, and maintain all buildings, machinery, works, and plant necessary to light roads, private roads, public places, and (with the consent of the owner) private ways in the district:
b: contract for a supply of energy on such terms and conditions as it thinks fit:
c: erect poles with all requisite fittings thereto in the roads, private roads, public places, and (with the consent of the owner) private ways in the district, subject, in the case of roads, private roads, and public places not under the control of the council, to Schedule 14
d: lay cables and pipes under or over the roads, private roads, public places, and private ways in the district, subject in the case of roads, private roads, and public places not under the control of the council, and in the case of private ways, to Schedule 14
e: alter any drains or water pipes thereunder in such manner as may be necessary, but not so as to injuriously affect the same:
f: do all things necessary to keep works and everything appertaining to the lighting of roads, private roads, public places, and (with the consent of the owner) private ways in the district in good repair.
3: A council may—
a: contract with any other body or person to light the roads, private roads, public places, and (with the consent of the owner) private ways within the district with any form of energy; and
b: in that contract, authorise the body or person acting under the contract to exercise all or any of the powers conferred upon the council by this section, so far as this section is applicable to the construction and maintenance of the works necessary for effecting that lighting. Section 334A inserted 7 October 1994 section 89(1) Energy Companies Act 1992
335: Vehicle crossings
1: Where vehicles are being taken or, in the opinion of the council, are likely to be taken, on to or from any land across any footpath on any road or any water channel on or adjoining any road otherwise than by means of a crossing properly constructed under the provisions of any bylaw made by the council, the principal administrative officer
2: Within 28 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the requirements of the notice, and the notice shall thereupon be deemed to be suspended pending the determination of the objection or, where application is made to the court to confirm the notice, pending the decision of the court.
3: Where any such objection is received by the council, the council shall forthwith inquire into and dispose of the objection.
4: Where on inquiry into the objection the council reaffirms its requirements, the council shall apply to the District Court
5: On the hearing of the application, the court, whose decision shall be final, may—
a: confirm the notice; or
b: confirm the notice subject to a reduction in the sum payable to the council by the occupier or owner, as the case may be; or
c: set aside the notice.
6: Where—
a: in any case in which no such objection is made, the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice within 42 days after the service of the notice; or
b: in any case in which objection is made, the notice is confirmed by the court (whether with or without any reduction in the sum payable to the council), and the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice, or, as the case may be, the sum specified in the order of the court, within 14 days after the giving of the decision of the court,— the council may construct the crossing and recover the cost from him.
7: The said cost shall be recoverable by the council as a debt from the occupier or owner, as the case may be, and, where it is recoverable from the owner, shall be a charge on the land.
8: Where any sum of money is paid to the council by any occupier or owner pursuant to this section, the council shall refund that sum to the occupier or owner if the crossing is not completed by the council within 6 months after the date of the payment.
9: Where the council is satisfied that any crossing on to any land is redundant or is in excess of the reasonable requirements of the occupier, or, where there is no occupier, the owner, the principal administrative officer
10: In this section the term road 1954 No 76 s 178A; 1956 No 64 s 199C; 1964 No 119 s 12; 1971 No 62 s 18; 1972 No 132 s 5 Section 335 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 335(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 335(4) amended 1 March 2017 section 261 District Court Act 2016 Section 335(9) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980
336: Pedestrian malls
1: A council may, by using the special consultative procedure,—
a: declare a specified road or part of a specified road to be a pedestrian mall; and
b: prohibit or restrict the driving, riding, or parking of any vehicle, or the riding of any animal, on all or any portion of the pedestrian mall either—
i: generally; or
ii: during particular hours.
2: A declaration—
a: may include exemptions and conditions; and
b: does not take effect until—
i: the time for appealing under subsection (3) has expired; and
ii: any appeals have been determined under subsection (4)
3: Any person may, within 1 month after the making of a declaration, or within such further time as the Environment Court may allow, appeal to the Environment Court against the declaration.
4: The appeal must be made and determined by the Environment Court in accordance with the Resource Management Act 1991
5: The decision of the Environment Court under subsection (4) is final.
6: Subsections (2)﻿(b) and (3) to (5) do not apply to a declaration that gives effect to the provisions of an operative district plan under the Resource Management Act 1991
7: Every person commits an offence who drives, rides, or parks any vehicle or rides any animal, or causes or permits any vehicle to be driven, ridden, or parked or any animal to be ridden, in contravention of a declaration (including a declaration modified by the Environment Court).
8: A declaration (including a modified declaration) may be revoked or varied by a subsequent declaration using the procedure in subsection (1), and that subsection applies with all necessary modifications.
9: When the special consultative procedure is used for the purposes of subsection (1), the council must, in addition to the matters referred to in section 83(1)﻿(b)﻿(i) to (iii)
10: In this section,— parking road vehicle section 2(1) Section 336 replaced 7 July 2004 section 9 Local Government Act 1974 Amendment Act 2004 Section 336(9) replaced 21 March 2019 section 12 Local Government Regulatory Systems Amendment Act 2019
337: Alteration of pipes and drains
The council may, by notice in writing, require the owner of any pipe, drain, or other apparatus of any kind on or under a road to raise, lower, or otherwise alter the same as the council directs, and if that alteration is not made within a reasonable time the council may make the same as it thinks fit; but, subject to the provisions of any other Act or to any agreement between the council and the person affected, the cost of any such alteration and any damage occasioned thereby shall be paid by and may be recovered from the council by any person affected. 1954 No 76 s 174; 1956 No 64 s 195 Section 337 inserted 1 April 1979 section 2 Local Government Amendment Act 1978
338: Council may grant right to lay
1: Subject to section 357 or biofuel
2: The grant of any such right or easement shall be subject to the payment of such rent, and to the observance of such conditions as to size, construction, repair, and maintenance of the conduit pipes, and as to repair of any road or private road or private way under or along which they are laid, as the council thinks fit. 1954 No 76 s 200; 1956 No 64 s 207 Section 338 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 338 heading amended 1 October 2008 section 19(1) Local Government Act 1974 Amendment Act 2008 Section 338(1) amended 1 October 2008 section 19(2) Local Government Act 1974 Amendment Act 2008 Section 338(1) amended 7 July 2004 section 10 Local Government Act 1974 Amendment Act 2004
339: Transport shelters
1: The council may erect on the footpath of any road a shelter for use by intending public-transport passengers or small passenger service vehicle passengers provided that no such shelter may be erected so as to unreasonably prevent access to any land having a frontage to the road.
2: The council shall give notice in writing of its proposal to erect any shelter under this section to the occupier and, if he is not also the owner, to the owner of any land the frontage of which is likely to be injuriously affected by the erection of the shelter, and shall not proceed with the erection of the shelter until after the expiration of the time for objecting against the proposal or, in the event of an objection, until after the objection has been determined.
3: Within 14 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the proposal.
4: Where any person objects to the proposal in accordance with subsection (3), the council shall appoint a day for considering the objection and shall give notice to the objector of the time when and place where the objection is to be heard. Any such time shall be not earlier than 7 days after the date on which the notice of objection was received at the office of the council.
5: The council shall, at the time and place stated in the notice referred to in subsection (4), consider the objection, and after hearing any submissions made by or on behalf of the objector, may either dismiss the objection or decide not to proceed with the proposal or make such modifications to the proposal to which the objection relates as it thinks fit. The hearing of any such objection may be adjourned from time to time and from place to place.
6: Where there are more objectors than 1, the council shall, as far as practicable, hear all objections together and give each objector an opportunity of considering and being heard in respect of all other objections.
7: No resolution under this section shall be passed until the council has considered all the objections of which notice has been given in accordance with this section.
8: In this section the term road 1954 No 76 s 177A; 1956 No 64 s 199A; 1959 No 91 s 16; 1971 No 63 s 20 Section 339 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 339(1) amended 1 October 2017 section 110(3) Land Transport Amendment Act 2017
340: Motor garages
1: Subject to the Resource Management Act 1991
2: Every such permit may be at any time cancelled by the council. Within 1 month after the date of the cancellation, or within such extended time as the council may in any case allow, the owner shall remove the garage and shall not be entitled to any compensation in respect thereof.
3: If the owner fails to remove the garage within the time specified, the council may remove it at his expense, and recover the cost thereof from that owner as a debt.
4: Every permit granted under section 132 of the Public Works Act 1928 and in force at the commencement of this Part shall continue in force after the commencement of this Part as if it had been granted under this section. 1928 No 21 s 132; 1948 No 39 s 28; 1953 No 91 s 52(1); 1954 No 76 s 178B; 1955 No 59 s 7; 1956 No 64 s 198F; 1961 No 131 s 41 Section 340 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 340(1) amended 1 October 1991 section 362 Resource Management Act 1991
341: Leases of airspace or subsoil of roads
1: Subject to section 357(2)
a: grant a lease to any person of the airspace or any part of the airspace above the surface of any road; or
b: grant a lease to any person of the subsoil or any part of the subsoil beneath the surface of any road: provided that no such lease shall be granted for any purpose that would be in contravention of any provision of the Resource Management Act 1991 provided also that, in exercising the powers conferred by this subsection in relation to any airspace, the council shall ensure that sufficient airspace remains above the surface of the road for the free and unobstructed passage of vehicles and pedestrians lawfully using the road.
2: Any improvements erected or constructed in any airspace or in any subsoil pursuant to a lease under this section shall be deemed to be rateable land for the purposes of the Local Government (Rating) Act 2002
3: Nothing in this section shall be construed so as to restrict any right a council may have to permit any person to use for a temporary period any part of the surface or of the airspace above the surface of any road.
4: The council may grant a lease to any person under subsection (1) for the purpose of the erection or construction and maintenance of a pedestrian or vehicular bridge or tunnel or subway connecting any land or building on one side of the road with any land or building on the other side upon such terms and conditions as it thinks fit.
5: The Public Bodies Leases Act 1969 1954 No 76 s 170C; 1956 No 64 s 198H; 1971 No 62 s 16; 1972 No 132 s 4 Section 341 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 341(1) first proviso replaced 1 October 1991 section 362 Resource Management Act 1991 Section 341(2) amended 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 341(2) amended 1 July 2003 section 143(1)﻿(c) Local Government (Rating) Act 2002
341A: Contribution to cost of railway, subway, or bridge
1: A controlling authority or local authority, or any 2 or more of those authorities, may agree with an infrastructure owner to—
a: the construction and maintenance by the infrastructure owner of a subway under, or a bridge over, a railway, or a railway bridge over a road, that is within the district of the controlling authority or local authority; and
b: the payment by the controlling authority or local authority of the whole or part of the cost of that construction and maintenance.
2: An agreement may be entered into with respect to any existing or proposed subway or bridge.
3: A controlling authority or local authority that is authorised by this section to pay in whole or in part the cost of the construction of a subway, bridge, or railway bridge may agree with an infrastructure owner (and is deemed to always have had the power to agree) that—
a: the payment must be made by instalments extending over a period of not more than 10 years; and
b: interest at a rate agreed on (if any) must be paid on any unpaid balance of that cost.
4: Every controlling authority and local authority has all the powers that are reasonably necessary or expedient to enable them to carry out functions or duties conferred or imposed under section 83
5: In this section, infrastructure owner section 4(1) 1992 No 111 s 10 Section 341A inserted 20 July 2005 section 103(3) Railways Act 2005
342: Stopping and closing of roads
1: The council may, in the manner provided in Schedule 10
a: stop any road or part thereof in the district: provided that the council
b: close any road to traffic or any specified type of traffic (including pedestrian traffic) on a temporary basis in accordance with that schedule and impose or permit the imposition of charges as provided for in that schedule.
2: 1954 No 76 s 170(4)﻿(h), (i); 1956 No 64 s 191A(5)﻿(h), (i); 1972 No 132 s 2 Section 342 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 342(1)﻿(a) proviso amended 26 March 2015 section 4 Local Government Act 1974 Amendment Act 2015 Section 342(1)﻿(b) replaced 14 August 1986 section 9(1) Local Government Amendment Act (No 3) 1986 Section 342(2) repealed 14 August 1986 section 9(2) Local Government Amendment Act (No 3) 1986
342A: Temporary closing of roads by Police
Section 342A repealed 1 October 2008 section 130(1) Policing Act 2008
343: Consumption or possession of intoxicating liquor in roads closed for public function or gathering
Section 343 repealed 14 December 1984 Local Government Amendment Act 1984
344: Gates and cattle stops across roads
1: The council may, in writing, permit the erection of a swing gate or a cattle stop or both across any road, where—
a: in the council's opinion it is not practicable or reasonable to fence the road; or
b: by agreement the road has been taken or may be constructed through private lands and the owner or occupier requests that a gate or a cattle stop or both be erected on the outer boundary at the cost (including maintenance) of one or both parties as may be agreed.
2: Where a gate is erected across a road under subsection (1), a board with the words Public Road
3: Where a gate or cattle stop across any road is considered redundant or an inconvenience, either by the council or by a petition supported by 20 or more residents of the district, the council may serve notice upon the person authorised to erect the gate or cattle stop of the council's intention to remove it.
4: Within 14 days after the service on any person of a notice pursuant to subsection (3), he may object, in writing to the council, against its intention to remove the gate or cattle stop.
5: Not later than 14 days after receiving any such objection, the council shall consider it, and, after hearing any submissions made by the objector or on his behalf, the council may dismiss the objection or decide not to proceed to remove the gate or cattle stop or make such modifications to its proposal as it thinks fit.
6: The erection across any road of any gate or cattle stop shall not be commenced unless and until plans of the gate or cattle stop have been submitted to and approved by the council. The council may make such alterations in or additions to any plans submitted to it as it thinks fit, and may require the erection of such protective or warning devices as it considers necessary; and the gate or cattle stop shall be erected in accordance with the plans and requirements and in such position as the council directs.
7: The Minister of Transport may from time to time, by notice in the Gazette
8: The person by whom any swing gate or cattle stop has been erected pursuant to a permit granted under this section, and his successors in title, shall maintain the swing gate or cattle stop to the satisfaction of the council.
9: Without limiting the power to make bylaws conferred on the council by section 684
10: Neither the Crown nor the Minister of Transport
11: The power conferred by this section to erect and maintain any swing gate or cattle stop on any road shall be deemed to include power to fence the road up to that gate or cattle stop and to maintain that fence, and every reference in this section to a swing gate cattle stop
12: This section shall apply with respect to every gate or cattle stop and fence lawfully erected across any road at the commencement of this Part pursuant to a permit granted under section 141 or section 142 or section 144 of the Public Works Act 1928 or section 11 of the Public Works Amendment Act 1935, as if it had been erected pursuant to a permit granted under this section.
13: The Gates and Cattle Stops Order 1955 1928 No 12 ss 141–146; 1935 No 27 s 11; 1948 No 39 s 31(2) Section 344 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 344(7) replaced 1 April 1988 Local Government Amendment Act 1988 Section 344(9) amended 1 April 1980 section 10(4) Local Government Amendment Act 1979 Section 344(10) amended 1 April 1988 Local Government Amendment Act 1988
345: Disposal of land not required for road
1: Subject to subsection (3), where in forming a new road, or in diverting or stopping or diminishing the width of any existing road, any part thereof is no longer required as a road, the council may—
a: either—
i: sell that part to the owner or owners of any adjoining land for a price to be fixed by a competent valuer appointed by the council to value that part; or
ii: grant a lease of that part to the owner or owners of any adjoining land for a term and at a rental and subject to such conditions as the council thinks fit;— and, if no such owner or owners is or are willing to purchase the land at the price fixed or, as the case may be, take a lease of that part for the term and at the rental and subject to the conditions fixed, the council may
b: apply that part, or any part thereof, to any purpose to which the council may apply land, either under this Act or any other enactment; or
c: grant a lease of that part, or any part thereof, for such term and on such conditions as it thinks fit for use for any purpose to which the council may apply land, either under this Act or any other enactment; or
d: transfer that part, or any part thereof, to the Crown for a public reserve or for addition to a public reserve or for any purpose of public convenience or utility or as Crown land subject to the Land Act 1948
1A: To avoid doubt, this section does not apply to the common marine and coastal area within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011
2: If the council pursuant to subsection (1)⁠(a)⁠(i) sells the land to the owner or owners of any adjoining land, it may require, despite the provisions of any other enactment, the amalgamation of that land with the adjoining land under 1 record of title. The Registrar-General of Land may, if he or she thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a record of title under this section, and may issue a record of title qualified as described in section 17(1)﻿(a)
2A: Where the council acting under subsection (2) requires the amalgamation of the land sold with the adjoining land under 1 record of title
a: the separate parcels of land included in the 1 record of title records of title
b: where that adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation is lawfully conferred or imposed, the land sold shall be deemed to be and always have been part of the land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on that adjoining land shall be deemed also to be rights and obligations in respect of, or encumbrances on, that land sold.
2B: On the issue of a record of title Registrar-General of Land record of title
3: Where any road or any part of a road along the mark of mean high water springs of the sea, or along the bank of any river with an average width of 3 metres or more, or the margin of any lake with an area of 8 hectares or more is stopped, there shall become vested in the council as an esplanade reserve (as defined in section 2(1) section 229
a: a strip of land forming part of the land that ceases to be road not less than 20 metres wide along the mark of mean high water springs of the sea, or along the bank of any river or the margin of any lake (as the case may be); or
b: the full width of the land which ceases to be road— whichever is the lesser.
4: The obligation under subsection (3) to set aside a strip of land not less than 20 metres in width as an esplanade reserve is subject to any rule included in a district plan under section 77
5: On the issue of any record of title subsection (3) Registrar-General of Land
6: 1954 No 76 s 190; 1956 No 64 s 191F; 1972 No 132 s 2; 1977 No 134 s 2 Section 345 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 345(1)﻿(a) amended 7 July 2004 section 11 Local Government Act 1974 Amendment Act 2004 Section 345(1A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 345(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 345(2A) inserted 14 January 1983 Local Government Amendment Act (No 2) 1982 Section 345(2A) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 345(2A)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 345(2B) inserted 14 January 1983 Local Government Amendment Act (No 2) 1982 Section 345(2B) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 345(3) replaced 7 July 1993 section 362 Resource Management Act 1991 Section 345(4) replaced 7 July 1993 section 362 Resource Management Act 1991 Section 345(5) replaced 7 July 1993 section 362 Resource Management Act 1991 Section 345(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 345(6) repealed 7 July 1993 section 362 Resource Management Act 1991 Limited access roads Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978
346: Interpretation
In sections 346A to 346J limited access road section 346A road Section 346 inserted 1 April 1979 section 2 Local Government Amendment Act 1978
346A: Declaration and revocation of limited access roads
1: The council may
2: The council may 1954 No 76 s 170B(1); 1970 No 89 s 4 Section 346A inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346A(1) amended 7 July 2004 section 12 Local Government Act 1974 Amendment Act 2004 Section 346A(2) amended 7 July 2004 section 12 Local Government Act 1974 Amendment Act 2004
346B: Provisions of Acts relating to roads to apply to limited access roads
Subject to sections 346C to 346J 1954 No 76 s 170B(3); 1970 No 89 s 4 Section 346B inserted 1 April 1979 section 2 Local Government Amendment Act 1978
346C: Requirements of declaration of limited access road
The following provisions shall apply in respect of the declaration under section 346A(1)
a: every such declaration shall refer to a plan showing—
i: the road or part thereof to which the declaration relates:
ii: any crossing places to be authorised:
iii: the boundaries of all road frontages of each parcel of land adjoining the road or part thereof to which the declaration relates:
iv: the boundaries of all other types (if any) of legal access (whether roads, private roads, private ways, rights of way, or any other types whatsoever) connecting the road or part thereof to any other parcel of land:
v: the title references to every parcel of land to which subparagraph (iii) or subparagraph (iv) applies:
b: every such declaration shall indicate where the plan is held and may be inspected:
c: the council shall forward to the Registrar-General of Land section 346D(3) every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road; Registrar-General of Land
d: the council shall cause a copy of the certificate to be served on the owner and the occupier (if he is not also the owner) of any land to which the declaration relates, so far as they can be ascertained. 1954 No 76 s 170B(9); 1970 No 89 s 4 Section 346C inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346C(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 346C(c) amended 12 December 1979 section 7(1) Local Government Amendment Act 1979
346D: Access to and from land
1: Each parcel of land that adjoins or has legal access to a limited access road and that does not have reasonably practicable alternative legal access to some other road that is not a limited access road, shall be entitled to 1 crossing place at which vehicles are permitted to proceed to and from the limited access road from and to the parcel of land. The location of that crossing place shall be specified by the council from time to time by notice issued to the owner under section 346E
2: No road, or part thereof, shall be declared a limited access road, unless the council, in any case where it considers it inexpedient to authorise any sufficient specified crossing place as aforesaid, purchases or takes under the Public Works Act 1981
3: In this section and in section 346E parcel of land provided that the council may, by resolution, declare—
a: 2 or more adjoining parcels of land, while remaining in 1 ownership; and
b: all parcels of land included in 1 unit title plan deposited in accordance with the Unit Titles Act 2010 to be a single parcel of land for the purposes of this section and of section 346E 1954 No 76 s 170B(4); 1970 No 89 s 4 Section 346D inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346D(2) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 346D(3)﻿(b) amended 20 June 2011 section 233(1) Unit Titles Act 2010
346E: Authorisation of crossing places
The council may from time to time—
a: by notice to the owner of the parcel of land affected,—
i: authorise, subject to such conditions (if any) as it may specify, any crossing place (whether formed or not) at which vehicles may proceed to and from any limited access road from and to that parcel of land:
ii: specify the location of any authorised crossing place:
iii: cancel any such authorisation or specified location if the parcel of land has reasonably practicable legal access to some other road that is not a limited access road or has another authorised crossing place:
iv: cancel or vary all or any conditions imposed under this section or impose further conditions or vary the location of any authorised crossing place:
b: construct any road that it may be expedient to construct to give access, whether additional or not, to any land adjoining or near the limited access road. 1954 No 76 s 170B(4); 1970 No 89 s 4 Section 346E inserted 1 April 1979 section 2 Local Government Amendment Act 1978
346F: Restricting movement to or from a limited access road
Without restricting any provision of any other Act, it is hereby declared that no person shall drive or move any vehicle or animal, or permit any vehicle or animal to be driven or moved, onto or from any limited access road, except—
a: at a motorway or road from which vehicles or animals, as the case may be, might lawfully be driven or moved onto the limited access road or part thereof immediately before its declaration as a limited access road; or
b: at a motorway or road from which vehicular or animal access to the limited access road has been authorised by the council and subject to such conditions as the council approves and publicly notifies; or
c: at a crossing place authorised and specified by the council and subject to such conditions as are for the time being imposed by the council in accordance with section 346D section 346E 1954 No 76 s 170B(5); 1970 No 89 s 4 Section 346F inserted 1 April 1979 section 2 Local Government Amendment Act 1978
346G: Limited access road not a road for purpose of subdivision or sale
1: Where any provision of this Act or any other Act makes any person's right to erect or use a building of any kind on any land, or to subdivide or sell any land, conditional upon the land having a frontage or vehicle access to a road, or in any other way conditional upon the existence of a road, then, for the purposes of that provision, a limited access road shall be deemed not to be a road, except for such purpose, to such extent, and on such conditions, as may be notified from time to time by the council to the Registrar-General of Land
2: Any person aggrieved at—
a: the refusal of the council to issue a notice to the Registrar-General of Land
b: any condition subject to which any such notice is issued— may object in writing to the Environment Court Environment Court and the objection shall be made and determined by the Environment Court Resource Management Act 1991
3: Subject to section 299 Environment Court 1954 No 76 s 170B(6); 1970 No 89 s 4 Section 346G inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346G(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 346G(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 346G(2) amended 1 October 1991 section 362 Resource Management Act 1991 Section 346G(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 346G(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 346G(3) amended 1 October 1991 section 362 Resource Management Act 1991
346H: Certificate of land affected to be forwarded to Registrar-General of Land
1: Where any road is declared to be a limited access road under section 346A Registrar-General of Land Registrar-General of Land
2: Where the council revokes the status as a limited access road of any road or part thereof, the council shall forward to the Registrar-General of Land Registrar-General of Land
3: The council shall also cause a copy of that certificate to be served on the owner and the occupier (if he is not also the owner) of every parcel of land affected by the revocation, so far as they can be ascertained. 1954 No 76 s 170B(9); 1970 No 89 s 4 Section 346H inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346H(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 346H(2) amended 12 November 2018 section 250 Land Transfer Act 2017
346I: Compensation
Where the exercise of any power given by any provision of sections 346A to 346H section 60
a: the claim shall not be made after a period of 5 years from the date of the exercise of the power:
b: section 62 specified date
c: the Land Valuation Tribunal shall take into account, by way of deduction from the total amount of compensation that would otherwise be awarded, any increase in the value of the parcel of land in respect of which compensation is claimed that has occurred in consequence of the exercise by the council of any power under section 346E 1954 No 76 s 170B(10); 1970 No 89 s 4 Section 346I inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346I amended 1 February 1982 section 248(1) Public Works Act 1981 Section 346I(b) amended 1 February 1982 section 248(1) Public Works Act 1981
346J: Offences
Every person commits an offence against this Act who—
a: acts in contravention of or fails to comply with any provision of section 346F
b: uses or makes any crossing place to or from a limited access road that is not a crossing place authorised under section 346E 1954 No 76 s 170B(8); 1970 No 89 s 4 Section 346J inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Private roads and private ways Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978
347: Grades and formation Subject to the Resource Management Act 1991 1954 No 76 s 179 Section 347 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 347 heading amended 1 October 1991 section 362 Resource Management Act 1991 Section 347 amended 1 October 1991 section 362 Resource Management Act 1991
348: Powers of council with respect to private roads and private ways
1: Except with the prior permission of the council, no person shall lay out or form
2: Subject to section 347
a: impose such conditions as to widths, levels, entrances, courses, formation, cost of formation, maximum number of buildings to be erected fronting any such private road or private way, minimum distances between any 2 buildings, position of building line, and otherwise in all respects whatsoever as the council thinks fit; and
b: require the owner or owners to whom permission is given to enter into a bond to comply with any conditions imposed by the council. Every such bond shall be deemed—
i: to be an instrument creating an interest in each parcel of land to which the conditions apply within the meaning of section 51
ii: to be a covenant running with each such parcel of land, and shall bind subsequent owners.
3: Any permission of the council under subsection (1) to lay out or form
4: With respect to any private road, the council—
a: may require any projection or obstruction in or over any part thereof to be removed at the expense of the person causing the same or to whom the same belongs:
b: may by notice in writing require the owners of land or buildings abutting on the private road to construct or repair the road, with the footways, kerbing, and channelling thereof, and every such owner shall be liable for the construction and repair of so much of the private road as the council thinks fit:
c: in case of default, may execute the said works, and recover the cost from the owners in the aforesaid proportions.
5: Subsection (4) shall apply to every private way which for the time being serves as an approach to 2 or more allotments that are separately owned or separately occupied or to any allotment on which there are 2 or more buildings that are separately occupied.
6: Nothing in this section applies to a private road or right of way lawfully created as part of a subdivision under the Resource Management Act 1991 1954 No 76 ss 180, 184; 1956 No 64 ss 198A, 198E; 1961 No 131 s 40; 1964 No 119 s 14; 1968 No 123 s 16; 1968 No 124 s 16 Section 348 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 348(1) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 348(2)﻿(b)﻿(i) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 348(3) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 348(6) inserted 1 August 2003 section 98(2) Resource Management Amendment Act 2003
349: Council may declare private road or right of way to be public road
1: The council may
a: any private road within the meaning of any Act in force at the time of its being laid out:
b: any right of way within the meaning of any Act in force at the time of its being laid out, and which was laid out within the district on or after 2 November 1878, but before 1 January 1887.
2: Notwithstanding anything in the foregoing provisions of this section, the council shall not declare any private road or right of way as aforesaid to be a public road unless and until it is properly formed
3:
4: Every private road and right of way declared to be a public road as aforesaid shall become a road vested as such in the council. 1954 No 76 s 185 Section 349 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 349(1) amended 7 July 2004 section 13(1) Local Government Act 1974 Amendment Act 2004 Section 349(2) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 349(3) repealed 7 July 2004 section 13(2) Local Government Act 1974 Amendment Act 2004
350: Penalty for laying out private road or private way in contravention of this Act
If any person lays out or forms on conviction 1954 No 76 s 181; 1956 No 64 s 198B; 1961 No 131 s 40 Section 350 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 350 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 350 amended 30 March 1985 section 39(1) Local Government Amendment Act 1985
351: Illegal private road or private way not to be registered
No plan, deed, or instrument of any kind whatsoever whereby contrary to the provisions of this Part any private road or private way is created, recognised, referred to, granted, or reserved shall be received for deposit or registration under the Deeds Registration Act 1908 Land Transfer Act 2017 1954 No 76 s 182; 1956 No 64 s 198C; 1961 No 131 s 40 Section 351 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 351 amended 12 November 2018 section 250 Land Transfer Act 2017
352: Conditions to be noted on title by
Registrar-General of Land The Registrar-General of Land record of title section 348 Land Transfer Act 2017 1954 No 76 s 183; 1956 No 64 s 198D; 1961 No 131 s 40 Section 352 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 352 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 352 amended 12 November 2018 section 250 Land Transfer Act 2017 Safety provisions as to roads Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978
353: General safety provisions as to roads
The council shall take all sufficient precautions for the general safety of the public and traffic and workmen employed on or near any road, and in particular shall—
a: take all reasonable precautions to prevent accidents during the construction or repair by the council of any road, or when any opening is made therein by the council for the repair of drains or gas pipes or for any other purpose, and require other persons doing such work to take such precautions, by erecting barriers, devices to cause traffic to slow down, or fences across any such road or around any dangerous place therein, or otherwise, and shall cause, and require other persons doing such work to cause, any such dangerous place to be sufficiently lighted by night; and any person removing any such protective work, or removing or extinguishing any such light, without the authority of the council, commits an offence:
b: require the owner or occupier of any land upon which there is any hole, well, excavation, or other place dangerous to persons passing along any road forthwith to fill in, cover, or enclose the same:
c: whenever the public safety or convenience renders it expedient, require the owner or occupier of any land not separated from a road by a sufficient fence to enclose the same by a fence to the satisfaction of the council. 1954 No 76 ss 173, 201, 202; 1956 No 64 ss 194, 208, 209 Section 353 inserted 1 April 1979 section 2 Local Government Amendment Act 1978
354: Construction of cellar or making any excavation in vicinity of road
1: Where the owner or occupier of any land proposes to construct a cellar, or make any other excavation (other than a cellar or other excavation to be constructed or made in accordance with a building consent under the Building Act 2004
2: Where, under subsection (1), the council grants its consent to the construction of any cellar, it may grant its consent subject to a condition that neither the owner nor the occupier nor their successors in title shall be entitled to claim against the council for any damage caused to the cellar or any property therein arising, whether directly or indirectly, from any defect in any water-supply system, sewerage system, or other public-utility service under the control of the council.
3: As soon as conveniently may be after the passing of a resolution by the council granting its consent to the construction of a cellar subject to the conditions specified in subsection (2), the council shall send a copy of the resolution, authenticated by the council, to the Registrar-General of Land
4: This section shall bind the Crown. 1954 No 76 ss 203, 203A; 1959 No 91 s 17; 1972 No 131 s 12(1) Section 354 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 354(1) amended 31 March 2005 section 415(1) Building Act 2004 Section 354(1) amended 1 July 1992 Building Act 1991 Section 354(3) amended 12 November 2018 section 250 Land Transfer Act 2017
355: Council may require removal of overhanging trees, etc
1: The council may, by notice in writing under the hand of the chairman or the principal administrative officer
a: to remove, lower, or trim to the satisfaction of the council any tree or hedge overhanging or overshadowing the road in cases where, in the opinion of the council, the removal, lowering, or trimming is necessary in order to prevent injury to the road or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto:
b: to cut down or grub up, as the council directs, and remove all obstructions to traffic or drainage arising from the growth of plants or the spreading of roots upon or under the road up to the middle line thereof along the whole frontage of the land occupied or owned by him:
c: to remove, lower, or trim to the satisfaction of the council any tree or hedge, or to lower any fence or wall, if in the opinion of the council the tree, hedge, fence, or wall is likely, by reason of its obstructing the view, to cause danger to the traffic on that or any other road.
2: Within 10 days after service of the notice, the owner may apply to the District Court
3: On the hearing of the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
4: In the case of a notice which is not set aside as aforesaid, if the owner fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the court, he commits an offence and is liable on conviction
5: The said cost shall be a charge upon the land.
6: In any case where the council might give any such notice as aforesaid in respect of any land, any resident of the district may, by notice in writing, request the council to do so.
7: If for the space of 28 days after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to the District Court
8: On the hearing of the application, the court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the court shall be final.
9: The council may remove, lower, cut down, grub up, or trim, as the case may be, any fence, wall, tree, hedge, or plant to which subsection (1) applies, after giving oral notice to the occupier, or, where there is no occupier, to the owner, of the land, if life, property, or any road is in imminent danger. The cost of the work shall be a charge against the land as if notice had been given under subsection (1) and had not been set aside by the District Court
10: For the purposes of this section the term cut down 1928 No 12 ss 169, 170, 171, 172A; 1948 No 39 s 32; 1954 No 76 s 204; 1956 No 39 s 4; 1956 No 64 s 210 Section 355 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 355(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 355(2) amended 1 March 2017 section 261 District Court Act 2016 Section 355(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 355(7) amended 1 March 2017 section 261 District Court Act 2016 Section 355(9) amended 1 March 2017 section 261 District Court Act 2016
356: Removal of abandoned vehicles from roads
1: This section applies where any category A or category B or category C motor vehicle is found on a road within the district of any council and appears to have been abandoned by its owner.
2: In the case of a category A or category B vehicle, the following provisions shall apply:
a: the council may, or may authorise any person to,
b: no person constable
c: the council shall make reasonable efforts to give notice to the person last registered under Part 17
i: in the case of a category A vehicle, taking practical steps to identify the owner of the vehicle by reference to chassis numbers or other numbers appearing on the vehicle:
ii: in the case of a category B vehicle, identifying the owner of the vehicle by reference to such numbers and by searching the motor vehicle security register or otherwise:
d: after making reasonable efforts to give notice under paragraph (c), the council may give not less than 10 working days' notice, by advertisement in 2 issues of a daily newspaper circulating in the district in which the road is situated, of its intention to sell the vehicle, but if the council is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispense with the giving of such notice:
e: at any time after the expiration of a notice given in accordance with paragraph (d) or at any time after the giving of such notice has been dispensed with under that paragraph, the council may sell or otherwise dispose of the vehicle to any person or otherwise dispose of the vehicle in such manner as the council thinks fit, and any person to whom such a vehicle is sold or disposed of shall thereupon become the lawful owner of the vehicle:
f: the advertisement under paragraph (d) shall specify the following:
i: a description of the make, model, and colour of the vehicle:
ii: the chassis numbers and any other vehicle numbers (if known):
iii: the location from which the vehicle was removed:
g: the proceeds of any such sale shall be applied in payment of the costs and charges attending the sale, including the advertisement under paragraph (d), and of the expenses of the removal and storage of the motor vehicle, and the residue, if any, shall be payable to the former owner of the vehicle:
h: where any motor vehicle is removed
3: In the case of a category C vehicle, the provisions of subsection (2) shall apply with the following modifications:
a: the notice specified in paragraph (d) of that subsection shall not be given unless the vehicle has been stored for a period of 1 month and reasonable efforts to locate the person last registered under Part 17
b: in addition to specifying the matters set out in paragraph (f) of that subsection, the notice shall specify the name of the person currently registered under Part 17
c: paragraph (c) of that subsection shall apply as if the vehicle were a category B vehicle.
4: If, after a search of the motor vehicle security register in accordance with subsection (2)﻿(c)﻿(ii) or subsection (3)﻿(c), it is found that the vehicle is subject to a registered security interest, the council shall, before selling or otherwise disposing of the vehicle, notify the holder of that interest of its intention to sell or otherwise dispose of the vehicle.
5: For the purposes of this section,—
a: a category A vehicle
b: a category B vehicle
c: a category C vehicle
i: a number plate and a current licence label; or
ii: a number plate and a licence label that expired not more than 6 months before the council took possession of the vehicle.
6: For the purposes of this section, council the New Zealand Transport Agency the New Zealand Transport Agency
7: Nothing in this section limits or affects anything in section 239 Section 356 replaced 1 April 1993 Local Government Amendment Act (No 3) 1992 Section 356(2)﻿(a) amended 28 June 2006 section 4(1) Local Government Act 1974 Amendment Act 2006 Section 356(2)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 356(2)﻿(b) amended 28 June 2006 section 4(2) Local Government Act 1974 Amendment Act 2006 Section 356(2)﻿(c) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356(2)﻿(h) amended 28 June 2006 section 4(3) Local Government Act 1974 Amendment Act 2006 Section 356(3)﻿(a) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356(3)﻿(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
356A: Further provision in relation to removal of vehicles from roads
1: This section applies in relation to a motor vehicle if—
a: the vehicle is found on a road or in a public place within a territorial authority's district; and
b: the vehicle has—
i: an evidence of vehicle inspection and a licence label affixed to it, but each document has expired by more than 31 days; or
ii: an evidence of vehicle inspection affixed to it that has expired by more than 31 days and no licence label affixed to it; or
iii: a licence label affixed to it that has expired by more than 31 days and no evidence of vehicle inspection affixed to it; or
iv: neither an evidence of vehicle inspection nor a licence label affixed to it.
2: The territorial authority—
a: may, or may authorise any person to, remove the vehicle; and
b: if it does so, must—
i: store it for 10 days (the 10-day period
ii: during that time, make reasonable efforts to notify the person last registered under Part 17
A: that it has removed the vehicle; and
B: that the vehicle is in storage; and
C: of the territorial authority's powers under subsection (7).
3: However, if the territorial authority is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispose of the vehicle without complying with subsection (2)﻿(b).
4: A vehicle must not be removed under this section until a constable
5: If a vehicle is claimed by any person lawfully entitled to it before the end of the 10-day period, the territorial authority must release the vehicle to the person.
6: Subsection (5) applies only if any costs incurred by the territorial authority for removing and storing the vehicle are first paid.
7: If a vehicle is not claimed under subsection (5), the territorial authority may—
a: dispose of it (by sale or otherwise) at any time after the 10-day period has expired; and
b: recover from the person last registered under Part 17
8: A territorial authority may retain any proceeds from the disposal of a vehicle under this section that—
a: are not claimed by the person who owned the vehicle at the time it was disposed of within 12 months of the vehicle's disposal; and
b: are in addition to any costs incurred by the territorial authority for removing, storing, and disposing of the vehicle.
9: Any person to whom a vehicle is disposed of under this section becomes the lawful owner of the vehicle.
10: Nothing in this section limits or affects anything in section 239
11: For the purposes of this section,— evidence of vehicle inspection section 2(1) public place
a: under the control of the territorial authority; and
b: open to, or being used by, the public, whether or not there is a charge for admission territorial authority the New Zealand Transport Agency the New Zealand Transport Agency Section 356A inserted 28 June 2006 section 5 Local Government Act 1974 Amendment Act 2006 Section 356A(2)﻿(b)﻿(ii) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356A(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 356A(7)﻿(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356A(11) territorial authority amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
356B: Relationship between section 356 and section 356A
In any circumstances where a territorial authority is authorised to remove a motor vehicle under both section 356 356A Section 356B inserted 28 June 2006 section 5 Local Government Act 1974 Amendment Act 2006
357: Penalties for damage to roads
1: Every person commits an offence who, not being authorised by the council or by or under any Act,—
a: encroaches on a road by making or erecting any building, fence, ditch, or other obstacle or work of any kind upon, over, or under the road, or by planting any tree or shrub thereon; or
b: places or leaves on a road, any timber, earth, stones, or other thing; or
c: digs up, removes, or alters in any way the soil or surface or scarp of a road; or
d: damages or, except with the consent of the council, removes or alters any gate or cattle stop lawfully erected across any road; or
e: allows any water, tailings, or sludge, or any filthy or noisome matter, to flow from any building or land in his occupation on to a road; or
f: wilfully or negligently causes or allows any oil, or any liquid harmful to sealed or paved road surfaces or likely to create a danger to vehicles on such surfaces, to escape on to any road having a sealed or paved surface; or
g: causes or permits any timber or other heavy material, not being wholly raised above the ground on wheels, to be dragged on a road; or
h: causes or negligently allows any retaining wall, foundation wall, or fence erected on any land, or any batter or slope of earth, or any building, erection, material, or thing, to give way or fall so as to damage or obstruct a road; or
i: digs up or removes any stone, gravel, sand, or other material from a river bed within 50 metres of a bridge or ford on any road or any dam on which a road is constructed; or
j: does or causes or permits to be done any act whatsoever by which any damage is caused to a road or any work or thing in, on, or under the same,— and is liable on conviction $1,000 $50
1A: Proceedings for an offence against subsection (1) must be commenced on the authority of the council, or by an officer of the council.
2: The Council shall not authorise or suffer any encroachment on a road if the encroachment would or might interfere with or in any way obstruct the right of the Crown, or of any person so authorised by any Act, to construct, place, maintain, alter, remove, or otherwise deal with any electric wires, telephone wires, telegraph wires, pneumatic tubes, or gas pipes on, over, or under the road, except with the prior written consent of the Minister of the Crown, the person, or principal administrative officer of the body, who or which is responsible for any such services or utilities. 1928 No 12 s 168; 1954 No 76 s 199; 1956 No 64 s 206; 1968 No 123 s 18; 1968 No 124 s 18 Section 357 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 357(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 357(1) amended 25 July 1995 section 5(a) Local Government Amendment Act (No 2) 1995 Section 357(1) amended 25 July 1995 section 5(b) Local Government Amendment Act (No 2) 1995 Section 357(1) proviso repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 357(1A) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 357(2) replaced 1 April 1988 Local Government Amendment Act 1988 Contracts and leases relating to ferries Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978
357A: Leasing powers of council with respect to ferries
The council having control of a ferry may let the ferry for a term not exceeding 14 years, for such rent and on such terms and conditions as to the maintenance of the ferry as the council thinks fit, and without submitting the lease to public auction or public tender: provided that before granting any such lease for any term exceeding 3 years the proposed terms and conditions thereof shall be publicly notified for at least 2 months. 1928 No 12 s 128; 1956 No 64 s 212 Section 357A inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Privately constructed bridges and ferries Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978
358: Privately constructed bridges and ferries
1: Subject to such conditions as he thinks fit, the Minister may from time to time, by notice in the Gazette
2: Every such bridge or ferry shall be deemed to be respectively a public bridge or ferry, and shall be open to the use of the public at all hours, subject to any regulations that may be made pursuant to this Act for regulating the use thereof. 1956 No 64 s 220 Section 358 inserted 1 April 1979 section 2 Local Government Amendment Act 1978
359: Regulations for maintenance and use of privately constructed bridges and ferries
1: Without limiting the general power to make regulations conferred by section 723 section 358
a: for the management of those bridges or ferries and the approaches thereto, and for the maintenance of those bridges or ferries in good repair:
b: fixing the tolls (if any) to be levied on those bridges, and the fares to be chargeable for the conveyance of passengers, animals, or goods by those ferries:
c: declaring what exemptions shall be allowed from the payment of any such tolls or fares:
d: regulating the collection of any such tolls or fares, and preventing the evasion thereof.
2: Regulations made for the purpose of this section are secondary legislation ( see Part 3 1956 No 64 s 221 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 359 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 359(1) amended 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 359(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
360: Minister may delegate powers to council
The Minister may from time to time, by notice in the Gazette section 358 section 359 1956 No 64 s 222 Section 360 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Tolls at bridges, tunnels, and ferries Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978
361: Establishment or abolition of toll gates at bridges, tunnels, and ferries
1: The Minister may from time to time, by notice in the Gazette
a: authorise a council to establish, by using the special consultative procedure
b: with the agreement of the council, abolish any toll gate or reduce the tolls to be taken at any toll gate if the Minister is of the opinion that any toll gate established by a council is not necessary or that the tolls taken thereat are excessive.
2: Any authority granted under subsection (1)﻿(a) may be granted subject to such terms and conditions as the Minister thinks fit, including, but without limiting the generality of the foregoing provisions of this subsection, terms and conditions as to—
a: the tolls that may be taken:
b: the conditions under which the tolls may be taken:
c: the persons and classes of persons exempted from payment of the tolls:
d: the manner in which and the conditions on which tolls may be leased:
e: the distraining for or recovery of tolls:
f: the appointment and duties of collectors of tolls:
g: the making of any toll gate in the district clearing any other toll gate in the district or in any other district.
3: Notwithstanding the repeal by section 4
4: Nothing in this section or in any notice given under this section shall be construed to limit or interfere with the right to levy tolls on any bridge, ferry, tunnel, tramway, or toll gate granted to any person during the period for which the tolls have been so granted, except on payment of adequate compensation.
5: Every person commits an offence against this Act who—
a: evades the payment of any toll payable by him; or
b: resists or obstructs any toll keeper in the execution of his duty; or
c: falsely claims exemption from any toll. 1928 No 12 ss 179–198; 1954 No 76 ss 206–211; 1956 No 64 ss 213–218; 1972 No 96 s 3(1); 1972 No 131 s 12(1); 1972 No 132 s 23; 1973 No 44 s 3(2) Section 361 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 361(1)﻿(a) amended 7 July 2004 section 14 Local Government Act 1974 Amendment Act 2004
22: Regional roads
Part 22 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
362: Interpretation
Section 362 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
363: Power to declare regional roads
Section 363 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
364: Constituent authority may request council to declare regional road
Section 364 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
365: Objections to proposed regional roads
Section 365 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
366: Powers of council in relation to regional roads
Section 366 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
367: Objections to intention to commence formation, or upgrading of regional road
Section 367 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
368: Power to delegate
Section 368 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
369: Revocation of a regional road
Section 369 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
370: Appeals
Section 370 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
371: Limited access regional roads
Section 371 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
372: Bylaws
Section 372 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
373: Road improvement land
Section 373 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
373A: Subsidies under National Roads Act
Section 373A repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
374: Regional motorways
Section 374 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992
23: Water supply by territorial authorities
Part 23 repealed 1 July 2003 section 266 Local Government Act 2002
375: This Part to be subject to Resource Management Act 1991 and Health Act 1956
Section 375 repealed 1 July 2003 section 266 Local Government Act 2002
376: Interpretation and application
Section 376 repealed 1 July 2003 section 266 Local Government Act 2002
377: Constitution of water supply areas
Section 377 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of council in regard to waterworks Heading repealed 1 July 2003 section 266 Local Government Act 2002
378: Control of source of water supply
Section 378 repealed 1 July 2003 section 266 Local Government Act 2002
379: Council may construct or purchase waterworks
Section 379 repealed 1 July 2003 section 266 Local Government Act 2002
380: Special provisions as to waterworks beyond the district
Section 380 repealed 1 July 2003 section 266 Local Government Act 2002 Supply of water Heading repealed 1 July 2003 section 266 Local Government Act 2002
381: Council may contract for water supply
Section 381 repealed 1 July 2003 section 266 Local Government Act 2002
382: Persons supplied with water to prevent waste
Section 382 repealed 1 July 2003 section 266 Local Government Act 2002
383: Notice of removal of water pipes to be given to council
Section 383 repealed 1 July 2003 section 266 Local Government Act 2002
384: Advances to property owners for water connections
Section 384 repealed 1 July 2003 section 266 Local Government Act 2002 Supply to persons outside district Heading repealed 1 July 2003 section 266 Local Government Act 2002
385: Supply of water outside district
Section 385 repealed 1 July 2003 section 266 Local Government Act 2002
386: Discontinuance of supply of water outside district
Section 386 repealed 1 July 2003 section 266 Local Government Act 2002
387: Charge for water to residents of area added to district in certain cases
Section 387 repealed 1 July 2003 section 266 Local Government Act 2002 Use of water for motive power Heading repealed 1 July 2003 section 266 Local Government Act 2002
388: Council may use water from waterworks for motive power
Section 388 repealed 1 July 2003 section 266 Local Government Act 2002
389: Surplus water may be sold for motive power
Section 389 repealed 1 July 2003 section 266 Local Government Act 2002
390: Discontinuance of supply of water for motive power
Section 390 repealed 1 July 2003 section 266 Local Government Act 2002 Protection of water and waterworks Heading repealed 1 July 2003 section 266 Local Government Act 2002
391: Drawing off water from waterworks
Section 391 repealed 1 July 2003 section 266 Local Government Act 2002
392: Pollution of water supply
Section 392 repealed 1 July 2003 section 266 Local Government Act 2002
393: Factories, etc, may be examined
Section 393 repealed 1 July 2003 section 266 Local Government Act 2002
394: Diversion of water from waterworks in case of flood
Section 394 repealed 1 July 2003 section 266 Local Government Act 2002
395: Offences with respect to waterworks
Section 395 repealed 1 July 2003 section 266 Local Government Act 2002
396: Offences with respect to water meters
Section 396 repealed 1 July 2003 section 266 Local Government Act 2002
397: Council may stop supply of water in certain cases
Section 397 repealed 1 July 2003 section 266 Local Government Act 2002
24: Regional water supply
Part 24 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
398: This Part to be read subject to Resource Management Act 1991 and Health Act 1956
Section 398 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
399: Interpretation
Section 399 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
400: Council may supply water to constituent authorities
Section 400 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
401: Council may construct or purchase waterworks
Section 401 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
402: Local authorities and other bodies to be notified of work
Section 402 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
403: Use of water for motive power
Section 403 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
404: Surplus water may be sold for motive power
Section 404 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
405: Discontinuance of supply of water for motive power
Section 405 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
406: Council may contract for water supply
Section 406 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
407: Drawing off water from waterworks
Section 407 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
408: Offences with respect to water supply
Section 408 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
409: Pollution of water supply
Section 409 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
410: Factories, etc, may be examined
Section 410 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
411: Diversion of water from waterworks in case of flood
Section 411 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
412: Allocation of supply of water to constituent authorities
Section 412 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
413: Appeals relating to supply of water
Section 413 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
414: Council may operate constituent authority's waterworks
Section 414 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
415: Supply of water to consumers outside the region
Section 415 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
416: Supply of water to territorial authority
Section 416 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
417: Discontinuance of supply of water outside region
Section 417 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
418: Charges for water supplied to constituent authority
Section 418 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
419: Surcharges for exceeding allocations
Section 419 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
420: Payment of charges and surcharges
Section 420 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992
25: Water races
Part 25 repealed 1 July 2003 section 266 Local Government Act 2002
420A: Application of Part 25
Section 420A repealed 1 July 2003 section 266 Local Government Act 2002
421: This Part to be subject to Resource Management Act 1991
Section 421 repealed 1 July 2003 section 266 Local Government Act 2002
422: Interpretation
Section 422 repealed 1 July 2003 section 266 Local Government Act 2002 Water race areas Heading repealed 1 July 2003 section 266 Local Government Act 2002
423: Constitution, alteration, and union of water race areas
Section 423 repealed 1 July 2003 section 266 Local Government Act 2002
424: Subdivision of water race areas
Section 424 repealed 1 July 2003 section 266 Local Government Act 2002
425: Water race map
Section 425 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of council as to water races Heading repealed 1 July 2003 section 266 Local Government Act 2002
426: General powers of council as to water races
Section 426 repealed 1 July 2003 section 266 Local Government Act 2002
427: Discontinuance of water race
Section 427 repealed 1 July 2003 section 266 Local Government Act 2002
428: Council may sell disused water race
Section 428 repealed 1 July 2003 section 266 Local Government Act 2002
429: Water channel may be declared a water race
Section 429 repealed 1 July 2003 section 266 Local Government Act 2002
430: Council may stop supply of water in certain cases
Section 430 repealed 1 July 2003 section 266 Local Government Act 2002
431: Compensation
Section 431 repealed 1 July 2003 section 266 Local Government Act 2002
432: Appointment of managing ratepayers
Section 432 repealed 1 July 2003 section 266 Local Government Act 2002 Water races outside district Heading repealed 1 July 2003 section 266 Local Government Act 2002
433: Exercise of powers outside district
Section 433 repealed 1 July 2003 section 266 Local Government Act 2002
434: Supply of water outside district
Section 434 repealed 1 July 2003 section 266 Local Government Act 2002
435: Discontinuance of supply of water outside district
Section 435 repealed 1 July 2003 section 266 Local Government Act 2002 Provisions for the protection of water races Heading repealed 1 July 2003 section 266 Local Government Act 2002
436: Drawing off water from streams supplying water race
Section 436 repealed 1 July 2003 section 266 Local Government Act 2002
437: Offences with respect to water races
Section 437 repealed 1 July 2003 section 266 Local Government Act 2002
438: Pollution of water races
Section 438 repealed 1 July 2003 section 266 Local Government Act 2002 Bylaws Heading repealed 1 July 2003 section 266 Local Government Act 2002
439: Bylaws as to water races
Section 439 repealed 1 July 2003 section 266 Local Government Act 2002
26: Sewerage and stormwater drainage by territorial authorities
Part 26 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
440: This Part to be subject to
Resource Management Act 1991 Section 440 repealed 1 July 2003 section 266 Local Government Act 2002
441: Interpretation and application
Section 441 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of council in respect of sewerage and stormwater drainage Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
442: Council may make provision for drainage of district
Section 442 repealed 1 July 2003 section 266 Local Government Act 2002
443: Constitution of urban drainage areas
Section 443 repealed 1 July 2003 section 266 Local Government Act 2002
444: Drainage map
Section 444 repealed 1 July 2003 section 266 Local Government Act 2002
445: Council may construct drains
Section 445 repealed 1 July 2003 section 266 Local Government Act 2002
446: Council may cover in watercourse so as to make it a public drain
1: The council may enclose and cover in any watercourse within the district which, by reason of any pollutant therein, or from any other cause whatever, is, or in the opinion of the council may become, a nuisance or dangerous to the public health, whereupon the work shall become a public drain of the district.
2: For that purpose the council may make, construct, and lay down such drains or do such other works as in the opinion of the council are necessary for the covering in of the watercourse.
3: The council may do such work as in its opinion is necessary to exclude from any watercourse any pollutant which in the opinion of the council should be excluded therefrom, and for that purpose and for the purposes of subsection (1) the council may straighten or otherwise alter the course and direction of any watercourse, and take up, disconnect, alter, relay, or otherwise deal with any private drains communicating with any watercourse.
4: In the exercise of any powers conferred on it by this section, the council shall not be liable to pay compensation in respect of anyone being deprived of the water flowing in the watercourse, or of the right to that water, nor for any damage or inconvenience occasioned to the owners or occupiers of those lands or premises, but shall nevertheless make good any damage or injury caused during the construction of the works: provided that this subsection shall not apply in any case in which the nuisance or danger has been caused by the act or default of the council.
5: Before undertaking any work under this section the council must—
a: prepare a statement of proposal in relation to the work that includes—
i: a description of the work; and
ii: the reasons for the work; and
iii: an explanation of the procedure under subsection (7); and
iv: when and where the council will vote on a motion to undertake the work; and
v: any other information that the council identifies as relevant; and
b: make the statement of proposal available in a way appropriate to the subject matter of the proposal; and
c: produce a summary of proposal that—
i: is a fair representation of the major matters in the statement of proposal; and
ii: explains how the statement of proposal is avail-able for inspection; and
d: publicise the summary of proposal in a way appropriate to the subject matter of the proposal.
6: The council must not vote on a motion to undertake the proposed work until at least 20 working days after the summary of proposal is first publicised under subsection (5)﻿(d).
7: An owner or occupier of land who may be affected by the work may apply to the court
7A: The application must be made to—
a: the District Court, unless paragraph (b) applies:
b: the Maori Land Court, if the application relates only to Maori land (as defined by section 4
8: The court may make an order or orders—
a: setting a date before which the council may not under-take the work:
b: allowing the council to undertake the work with or without modification:
c: prohibiting the council from undertaking the work.
8A: The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (7A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.
8B: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.
8C: Any appeal from an order made under subsection (8) must be made to the High Court (even for an order of the Maori Land Court).
9: Despite subsections (5) to (8C) 1954 No 76 s 219; 1956 No 64 s 246 Section 446 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 446(5) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(6) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(7) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(7) amended 6 February 2021 section 97(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(7) amended 1 March 2017 section 261 District Court Act 2016 Section 446(7A) inserted 6 February 2021 section 97(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(8) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(8A) inserted 6 February 2021 section 97(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(8B) inserted 6 February 2021 section 97(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(8C) inserted 6 February 2021 section 97(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(9) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(9) amended 6 February 2021 section 97(4) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(9) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
447: Betterment contributions where watercourse covered in
1: Where the council incurs any expenditure in enclosing and covering in any watercourse under the powers conferred by section 446
2: Subsections (3) to (10) of section 326 1954 No 76 s 219A; 1959 No 91 s 18(1); 1968 No 123 s 17(2)﻿(b) Section 447 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
448: Stormwater may be led into watercourses
Section 448 repealed 1 July 2003 section 266 Local Government Act 2002
449: Channels for stormwater
Section 449 repealed 1 July 2003 section 266 Local Government Act 2002
450: Council may make dams, etc, in watercourses
Section 450 repealed 1 July 2003 section 266 Local Government Act 2002
451: Diversion, etc, of drainage works
1: If any person proposes to erect any building or to carry out any work in such a location and at such levels that the diversion, alteration, protection, or replacement of any of the drainage works of the council appears to be essential to the erection of the building or carrying on of the work,—
a: that person shall notify the council of his proposals; and
b: if the council is satisfied that it is practicable for its drainage works to be diverted, altered, protected, or replaced without material interference with the services for which it is responsible and that it is reasonable that this be done, it may enter into an agreement with that person as to the manner in which the drainage works shall be diverted, altered, protected, or replaced.
2: The cost of so diverting, altering, protecting, or replacing the drainage works of the council shall be borne by that person, and all other costs which the council may incur in any way incidental thereto shall be paid to the council by that person.
3: If that person fails to comply with any condition specified in any such agreement, he commits an offence against this Act. Section 451 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
452: Council may treat and deal with sewage
Section 452 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of council as to drainage outside district Heading repealed 1 July 2003 section 266 Local Government Act 2002
453: Council may construct drainage works outside district
Section 453 repealed 1 July 2003 section 266 Local Government Act 2002
454: Construction and repair of drainage works outside district
Section 454 repealed 1 July 2003 section 266 Local Government Act 2002
455: Council may agree to use drainage works under control of other local authority
Section 455 repealed 1 July 2003 section 266 Local Government Act 2002
456: Council may drain areas outside district
Section 456 repealed 1 July 2003 section 266 Local Government Act 2002
457: Discontinuance of drainage outside district
Section 457 repealed 1 July 2003 section 266 Local Government Act 2002
458: Rate Section 458 repealed 1 July 2003 section 266 Local Government Act 2002 Private drains Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
459: Council may require owners of land in certain cases to provide private drains
1: In respect of any land or building within the district, the council may, subject to sections 283 294(9)
a: to provide, construct, and lay a private drain from any land or building which is not drained by some drain to the satisfaction of the council, and to connect that private drain with any public drain or watercourse or the sea, as the council thinks fit:
b: to cleanse and repair or to relay or alter the course, direction, and outfall of any existing private drain of or belonging to the premises:
c: to connect any such existing private drain with any public drain or watercourse other than the public drain or watercourse with which the private drain was previously connected:
d: to provide and affix in and to any such existing private drain, and in and to any such new private drain, all such traps, methods of ventilation, and other fittings whatever as the council directs:
e: to connect or disconnect any existing or new private drain with or from any water closet, urinal, bath, sink, grease trap, or other sanitary appliance:
f: to execute, provide, and do generally any works, materials, and things which in the opinion of the council are necessary or expedient for the efficient drainage of the premises and every part thereof.
2: The council may, in the exercise of the powers conferred upon it by subsection (1), instead of requiring several owners each to provide, construct, and lay a private drain, and to connect that private drain with any public drain, or watercourse, or the sea as provided in that subsection, require those owners—
a: jointly to provide, construct, and lay a common private drain through such of the separately owned lands as the council thinks fit, and to connect that private drain with any public drain, watercourse, or the sea as aforesaid; and
b: severally to provide, construct, and lay a private drain from the land or building of which each is the owner, and to connect that private drain with the common private drain.
3: The powers conferred upon the council by paragraphs (b) to (f) of subsection (1) may also be exercised with respect to private drains provided, constructed, and laid under subsection (2), and to similar private drains heretofore provided, constructed, and laid in the district.
4: Every notice under this section shall specify the works, materials, and things to be executed, provided, or done thereunder, and the public drain or watercourse with which any private drain is required to be connected, and shall limit a time within which the works, materials, and things shall be so executed, provided, and done.
5: The foregoing powers shall, among other things, enable the council to require any owner of premises to cause any pollutant and any water that does not contain any pollutant to be drained respectively by sewerage drains and stormwater drains to separate outfalls: provided that the council shall not in any such notice require any pollutant to be drained into any open drain.
6: If the owner fails to do any work specified in the notice and as therein directed, the council may, if it thinks fit, cause the work to be done, and may recover from him the costs and expenses of the work together with 10% of those costs and expenses for supervision by the officers or agents of the council, and interest at a rate per annum, as fixed by the council
7:
a: to construct any private drain, other than a common drain, to connect with any public drain or the sea at a point more than 30  metres from his land; or
b: to construct any private drain for the drainage of a building if the nearest part of the building is situated more than 60 metres from the public drain, or watercourse, or sea to which it is required to be connected. 1954 No 76 s 224; 1956 No 64 s 251; 1972 No 131 s 12(1); 1972 No 132 s 23; 1976 No 57 s 7(2); 1976 No 58 s 6(2) Section 459 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 459(6) amended 10 September 1999 section 5 Local Government Amendment Act (No 4) 1999 Section 459(7) amended 1 October 1991 section 362 Resource Management Act 1991
460: Construction of private drains through adjoining premises
1: Where, in the opinion of the council, the only practical route of any new private drain is through 1 or more adjoining premises, and any owner or owners of any of those premises will not consent to its construction, the council may, pursuant to a resolution in that behalf, of which notice shall be given to the owner or owners withholding his or their consent as aforesaid, enter upon his or their premises and execute, provide, and do all or any of the works, materials, and things which the council considers necessary, in order that the drain shall be laid in an efficient manner.
2: Before passing a resolution under subsection (1), the council shall give to every owner refusing his consent as aforesaid an opportunity to be heard before a committee of the council.
3: The cost incurred by the council in carrying out the said work, including the payment of compensation for injurious affection to any premises through which the drain is laid, shall be payable by the council in the first instance, and may be recovered by it from the owner of the land to be served by the private drain; and section 465 section 463
4: If agreement cannot be reached between the council and any claimant for any such injurious affection, the matter shall be determined as if the work were a public work and the claim were a claim for injurious affection in respect thereof under the Public Works Act 1981 1954 No 76 s 226; 1956 No 64 s 253 Section 460 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 460(4) amended 1 February 1982 section 248(1) Public Works Act 1981
461: Further provisions with respect to private drains
1: Where any private drain constructed with the consent of the owners of all the lands affected or constructed by the council pursuant to section 460
a: a right to the free and uninterrupted use of that private drain; and
b: a right for the occupiers or any of them to enter upon all lands served by that drain, or through which it passes, for the purpose of relaying or effecting necessary repairs to the drain; and
c: a right to contribution from the owners or occupiers of other lands so served by that drain towards the cost of executing, providing, and doing all or any of the things required in respect of the drain by this Part or any bylaw; and
d: a right to contribution from the owners or occupiers of those other lands towards the cost of all necessary relaying of or repairs to the drain; and
e: a right to the recovery from the owners or occupiers of other lands through which that drain passes but which are not served by the drain of the cost of any repairs to the drain necessitated by any wilful or negligent act of those owners or occupiers,— and those rights, upon a certificate being furnished by the principal administrative officer Registrar-General of Land Registrar-General of Land paragraph (e)
2: The Registrar-General of Land principal administrative officer record of title
a: particulars of the certificate given by the principal administrative officer
b: a memorandum that there are attached to the land the rights specified in subsection (1)
3: If any question arises as to the liability of any owner or occupier under any provision of subsection (1), the District Court 1954 No 76 s 227; 1956 No 64 s 254 Section 461 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 461(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 461(1) amended 19 January 1981 section 2(2) Section 461(1) amended 19 January 1981 section 39 Local Government Amendment Act 1980 Section 461(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 461(2) amended 19 January 1981 section 2(2) Section 461(2)﻿(a) amended 19 January 1981 section 2(2) Section 461(3) amended 1 March 2017 section 261 District Court Act 2016
462: Council may declare private drain to be public drain
1: The council may, by resolution passed at a meeting of which at least 14 days' public notice has been given, declare any specified private drain in the district to be a public drain.
2: For the purposes of this section, every drain constructed for State housing purposes under the Housing Act 1955
3: Where a certificate under section 461
a: the principal administrative officer Registrar-General of Land
b: the Registrar-General of Land must enter on the records of title for the land served by that drain a memorandum that the drain has become a public drain. 1954 No 76 s 228; 1955 No 51 s 13(1); 1956 No 64 s 255 Section 462 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 462(3)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 462(3)﻿(a) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 462(3)﻿(b) replaced 12 November 2018 section 250 Land Transfer Act 2017 Money payable by owners and occupiers Heading repealed 1 July 2003 section 266 Local Government Act 2002
463: Advances by council to owners in respect of cost of drainage connections
Section 463 repealed 1 July 2003 section 266 Local Government Act 2002
464: Owner may recover proportion of cost of drainage connections from tenant under a lease with not less than 3 years unexpired
Section 464 repealed 1 July 2003 section 266 Local Government Act 2002
465: Money payable to council in respect of drainage to be a charge on land
Section 465 repealed 1 July 2003 section 266 Local Government Act 2002
466: Advances to property owners for clearing or covering in watercourses
Section 466 repealed 1 July 2003 section 266 Local Government Act 2002 Drain protection and protective works Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
467: Unlawful connection of private drain
1: Every person commits an offence against this Act who, not having the written authority of the council, connects any private drain with a public or private drain or covered watercourse.
2: The council may replace or repair any property destroyed or damaged by any such unlawful connection of a private drain, or remove or alter any such private drain, and may recover from that person the full cost of the work and the full amount of any damage done or caused by him. 1954 No 76 s 237; 1956 No 64 s 264 Section 467 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
468: Tree roots obstructing public drains
1: The council may, by notice in writing under the hand of the chairman or the principal administrative officer
2: Within 10 days after service of the notice, the occupier or owner, as the case may be, may apply to the District Court
3: On the hearing of the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
4: In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the court, he commits an offence and is liable on conviction
5: The said cost shall be a charge upon the land.
6: The council may remove, cut down, or grub up, as the case may be, any tree to which subsection (1) applies, or, as the case may be, any specified part of any such tree, after the giving of oral notice by the principal administrative officer the District Court
7: For the purposes of this section the term cut down 1954 No 76 s 237A; 1959 No 91 s 20 Section 468 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 468(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 468(2) amended 1 March 2017 section 261 District Court Act 2016 Section 468(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 468(6) amended 1 March 2017 section 261 District Court Act 2016 Section 468(6) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980
469: Council may construct protective works to prevent damage by flood
Section 469 repealed 1 July 2003 section 266 Local Government Act 2002
27: Regional drainage
Part 27 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
470: This Part to be subject to Resource Management Act 1991
Section 470 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
471: Interpretation
Section 471 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
472: Council may undertake regional drainage in constituent district
Section 472 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
473: Council may undertake drainage in district of local authority
Section 473 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
474: General powers of council
Section 474 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
475: Regional drainage map
Section 475 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
476: Council may treat and deal with sewage
Section 476 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
477: Construction of drains on or under roads, etc
Section 477 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
478: Diversions, etc, of drain
Section 478 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
479: Watercourses
Section 479 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
480: Council may charge for regional drainage
Section 480 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
481: Instalments of charges for regional drainage
Section 481 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
482: Payment of charges
Section 482 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
483: Powers to permit constituent authorities to connect drains
Section 483 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
484: Connection of drains outside region
Section 484 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
485: Reticulation work
Section 485 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
486: Operation of drainage works
Section 486 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 Offences Heading repealed 1 July 1992 section 46 Local Government Amendment Act 1992
487: Unlawful interference with drains
Section 487 repealed 1 July 1992 section 46 Local Government Amendment Act 1992
28: Trade wastes
Part 28 repealed 1 July 2003 section 266 Local Government Act 2002
488: This Part to be subject to Resource Management Act 1991
Section 488 repealed 1 July 2003 section 266 Local Government Act 2002
489: Interpretation
Section 489 repealed 1 July 2003 section 266 Local Government Act 2002
490: Councils may undertake trade wastes disposal
Section 490 repealed 1 July 2003 section 266 Local Government Act 2002
491: Powers of local authorities to make trade wastes bylaws
Section 491 repealed 1 July 2003 section 266 Local Government Act 2002
492: Making of trade wastes bylaws
Section 492 repealed 1 July 2003 section 266 Local Government Act 2002
493: Offences against trade wastes bylaws
Section 493 repealed 1 July 2003 section 266 Local Government Act 2002
494: Restrictions on rights of local authority to charge in respect of treatment or reception of trade wastes
Section 494 repealed 1 July 2003 section 266 Local Government Act 2002
495: Appeal from assessment of charges
Section 495 repealed 1 July 2003 section 266 Local Government Act 2002
496: Hearing and determination of appeal
Section 496 repealed 1 July 2003 section 266 Local Government Act 2002
497: Trade wastes bylaws may be relaxed in certain cases
Section 497 repealed 1 July 2003 section 266 Local Government Act 2002
498: Discharge of sewage into sewerage drain in accordance with bylaws not to constitute offence
Section 498 repealed 1 July 2003 section 266 Local Government Act 2002
499: Right to discharge trade wastes into sewerage drains
Section 499 repealed 1 July 2003 section 266 Local Government Act 2002
500: Agreements as to disposal of trade wastes
Section 500 repealed 1 July 2003 section 266 Local Government Act 2002
501: Local authority may enter into agreements for disposal of sewage and trade wastes
Section 501 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of local authority as to trade wastes disposal outside district Heading repealed 1 July 2003 section 266 Local Government Act 2002
501A: Local authority may construct trade wastes disposal works outside district
Section 501A repealed 1 July 2003 section 266 Local Government Act 2002
501B: Construction and repair of trade wastes disposal works outside district
Section 501B repealed 1 July 2003 section 266 Local Government Act 2002
501C: Local authority may agree to use trade wastes works under control of other local authority
Section 501C repealed 1 July 2003 section 266 Local Government Act 2002
501D: Local authority may deal with trade wastes from areas outside district
Section 501D repealed 1 July 2003 section 266 Local Government Act 2002
501E: Discontinuance of trade wastes system outside own district
Section 501E repealed 1 July 2003 section 266 Local Government Act 2002
29: Land drainage and rivers clearance
Part 29 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
501F: Application of Part 29
This Part—
a: applies only in respect of—
i: drainage channels or land drainage works under the control of a council:
ii: drainage channels or land drainage works under construction by a council:
iii: drainage channels or land drainage works that a council has agreed to construct; and
b: does not apply in respect of drainage channels or land drainage works transferred by a council under Part 29A Section 501F inserted 15 October 1999 section 7 Local Government Amendment Act (No 5) 1999
502: This Part to be subject to Resource Management Act 1991
Nothing in this Part shall derogate from the provisions of the Resource Management Act 1991 Section 502 replaced 1 October 1991 section 362 Resource Management Act 1991
503: Interpretation
In this Part, unless the context otherwise requires,— council district drainage area drainage channel channel
a: immediately before the commencement of this Part was a drainage channel under the control, as such, of any council; or
b: is constructed by the council as a drainage channel after the commencement of this Part; or
c: is vested in the council as a drainage channel;— but does not include a navigable river, a water race as defined in section 422 section 441 section 471 land drainage works Section 503 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Land drainage areas Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
504: Declarations in relation to drainage areas
1: A council may, for the purpose of land drainage work, declare—
a: all of its district to be a drainage area:
b: part of its district to be a drainage area:
c: 2 or more contiguous drainage areas to be a drainage area:
d: the boundaries of a drainage area to be altered.
2: A declaration must—
a: define the relevant area; and
b: assign a name to the drainage area; and
c: fix the day on which the declaration takes effect.
3: A council may make a declaration only if—
a: a demand for a poll of electors is taken in accordance with sections 505 505A
b: a petition complying with section 505B
4: Before making a declaration, a council must—
a: prepare a statement of proposal in relation to the declaration that includes—
i: a draft of the declaration; and
ii: a statement of the reasons for proposing to make the declaration; and
iii: an explanation of the procedure—
A: to demand a poll under section 505
B: to petition the council under section 505B
iv: when and where the council will vote on a motion to make the declaration; and
v: any other information that the council identifies as relevant; and
b: make the statement of proposal available in a way appropriate to the subject matter of the proposal; and
c: produce a summary of proposal that—
i: is a fair representation of the major matters in the statement of proposal; and
ii: explains how the statement of proposal is available; and
d: publicise the summary of proposal in a way appropriate to the subject matter of the proposal.
5: The council must not vote on a motion to make the declaration until at least 20 working days after the summary of proposal is first publicised under subsection (4)﻿(d). Section 504 replaced 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004
505: Procedure for demanding poll
1: For the purposes of section 504(3)﻿(a)
a: the council resolves that a poll be taken; or
b: 15% or more of the electors in the relevant area demand a poll, and a document containing the demands is delivered to the principal office of the council at least 3 working days before the date referred to in section 504(5)
2: An elector has demanded a poll if he or she—
a: signs a document which clearly expresses that he or she demands a poll on whether the council should make the proposed declaration under section 504(1)
b: states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—
i: he or she is an elector; and
ii: the given address is in the relevant area. Section 505 replaced 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004
505A: Poll on proposed declaration
1: A council must conduct a poll on the proposed declaration under section 504(1) section 505(1)
2: The poll must be conducted in accordance with the Local Electoral Act 2001 Section 505A inserted 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004
505B: Petition to make declaration
1: A petition for a declaration is made under section 504(3)﻿(b)
a: a majority of the electors in the relevant area petition the local authority to make the proposed declaration under section 504(1)
b: a document containing the petitions is delivered to the principal office of the council at least 1 working day before the date referred to in section 504(5)
2: An elector has validly petitioned if he or she—
a: signs a document which clearly expresses that he or she petitions the council to make the proposed declaration under section 504(1)
b: states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—
i: he or she is an elector; and
ii: the given address is in the relevant area. Section 505B inserted 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004
505C: Relevant area for polls and petitions
In sections 504 to 505B relevant area
a: in the case of a declaration under section 504(1)﻿(a)
b: in the case of a declaration under section 504(1)﻿(b)
c: in the case of a declaration under section 504(1)﻿(c)
d: in the case of a declaration under section 504(1)﻿(d)
i: any part of a drainage area that would be excluded from the drainage area as a result of the boundary changes; and
ii: any part of the district that would be included in the drainage area as a result of the boundary changes. Section 505C inserted 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004
506: Subdivision of areas
The council may from time to time section 504 section 505 1956 No 64 s 229 Section 506 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 506 amended 7 July 2004 section 17 Local Government Act 1974 Amendment Act 2004 Control of drainage channels and land drainage works Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
507: Existing drainage channels may be brought under this Part
The Minister may, upon application by the council in which is vested any drainage channel constructed under the provisions of any special Act, by notice in the Gazette 1956 No 64 s 238(1) Section 507 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
508: Repeal of special Act
From and after the day named in the special notice under section 507 1956 No 64 s 238(2) Section 508 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Powers of councils with respect to land drainage Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
509: Powers of council as to drainage channels and land drainage works
1: The council may purchase, or make and maintain, or enlarge, and from time to time alter, extend, or repair, any drainage channel or land drainage works constructed under this Part in any drainage area in the district, and for that purpose may—
a: contract with the owner of any private land for and acquire from him by deed duly executed the grant in perpetuity to the council of the use, occupation, and enjoyment of that land or any part thereof for the purpose of constructing and maintaining any drainage channel or land drainage works thereon:
b: make drainage channels or land drainage works upon, over, or under any land:
c: make drainage channels or land drainage works over or under any road or place to which the public have general access, or through any public reserve:
d: alter the course or level of any road or public place, and break up and dig into the surface thereof and stop temporarily the traffic thereon:
e: make land drainage works across any stream or river but so as not to impede the navigation upon any navigable river, except under the provisions of a special Act:
f: alter the course or level of any stream or river, or of any ditch or drainage channel:
g: alter any drain, sewer, gas pipe, other pipe, cable, or other apparatus of any kind on or under any road or public place, whether within or outside the district, so far as is necessary for the purpose of constructing and maintaining any drainage channel or land drainage works.
2: Section 708 1928 No 21 s 265; 1956 No 64 s 230 Section 509 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
510: Inspection of private dams, etc
Subject to section 238 1928 No 21 s 265(1)﻿(l) Section 510 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Removal of obstructions from drainage channels and watercourses Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
511: Removal of obstructions from drainage channel or watercourse
1: Where in the opinion of the council the free flow of water in any drainage channel or in any watercourse that is not under the control of any other local authority—
a: is impeded by any obstruction, and that obstruction is likely to cause loss of life, injury, or damage to property in the district or to obstruct navigation; or
b: is likely to be impeded by any such obstruction,— the council may, by notice in writing, require the occupier or, if there is no occupier, the owner of the land on the banks of the drainage channel or watercourse within the district to remove the obstruction from the drainage channel or watercourse and from the banks of the drainage channel or watercourse to a distance not exceeding 3 metres from the nearest margin of the drainage channel or watercourse.
2: Within 10 days after service of the notice, the occupier or owner to whom the notice is given may apply to the District Court
3: On the hearing of the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
4: In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the court, he commits an offence, and the council, by its officers or agents, may enter on the land and do that act.
5: Where the council does any work under subsection (4), it may recover the cost from the occupier or owner.
5A: Notwithstanding that no work has been carried out by the council under subsection (4), the council may recover any cost or expenses incurred by it under this section in respect of any investigations or supervision carried out by the officers or agents of the council.
6: The said cost and expenses
7: The council may dispose of anything removed under this section in such manner as it thinks fit, and the proceeds of that disposal shall form part of its general revenues.
8: Where a drainage channel or watercourse or the bed thereof divides 2 districts, the council on either side may exercise the powers under subsection (1) in respect of that half of the river bed adjoining the bank within its district.
9: In this section,—
a: obstruction
b: the occupier or owner of land adjoining a road shall be deemed to be the occupier or owner of land on the banks of any drainage channel or watercourse running upon the road where the road fronts the land of that occupier or owner, unless the channel or watercourse has been artificially constructed by the council for the purpose only of draining the surface of the road:
c: remove
10: Nothing in this section shall be deemed to authorise any council to dispose of any timber floated down any watercourse under the Timber Floating Act 1954. 1908 No 96 s 62; 1913 No 31 s 7; 1956 No 7 s 9(1), (3) Section 511 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 511(2) amended 1 March 2017 section 261 District Court Act 2016 Section 511(5A) inserted 15 October 1999 Local Government Amendment Act (No 5) 1999 Section 511(6) amended 15 October 1999 Local Government Amendment Act (No 5) 1999
512: Power to require council to order removal of obstructions
1: In any case where the council might give any notice under section 511(1)
2: If for the space of 1 month after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to the District Court
3: On the hearing of the application, the court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the court shall be final. 1908 No 96 s 63 Section 512 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 512(2) amended 1 March 2017 section 261 District Court Act 2016
513: Order of court on application under section 511 or section 512
Where under section 511(2) section 512(2) the District Court
a: direct that—
i: a portion of the cost of removing the obstruction; and
ii: a portion of the cost and expenses incurred by the council under section 511 section 512 be borne by any person holding any interest in the land or by any local authority whose district or works will be improved by that removal:
b: decide when and to whom that cost is to be paid:
c: direct who shall do the work and the time within which it is to be completed. 1928 No 21 s 204 Section 513 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 513 amended 1 March 2017 section 261 District Court Act 2016 Section 513(a) replaced 15 October 1999 section 9 Local Government Amendment Act (No 5) 1999
514: Council may make advances to owners
1: The council may make advances to the owner of any land within the district for the purpose of enabling him to do all things necessary to comply with any requirement of the council under section 511
2: Instead of making any such advance to any owner, the council may, by agreement with the owner, itself do all or any of the things referred to in subsection (1), and all money expended by the council pursuant to that agreement, together with an amount to cover the cost of supervision by the officer or agents of the council, is deemed to be an advance for the purposes of this section.
3: The council and the owner may agree that the amount of any advance shall be repayable in 1 amount at a fixed time with interest at a rate per annum fixed by the council provided that, where the agreement makes no provision as aforesaid for early payment of instalments, the council shall accept payment of the whole of the unpaid instalments at any time when payment is tendered, and for the purpose of any such tender interest shall be paid up to and including the day of tender.
4: That agreement may, where the money is repayable in 1 amount, contain provisions for securing the repayment thereof, and, where the money is repayable by instalments, each such instalment is a charge on the land provided that the owner for the time being of the premises shall in all cases be deemed the person primarily liable for payment. 1908 No 96 s 63A; 1956 No 7 s 10 Section 514 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 514(2) replaced 15 October 1999 section 10 Local Government Amendment Act (No 5) 1999 Section 514(3) amended 10 September 1999 section 6 Local Government Amendment Act (No 4) 1999 Section 514(4) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002
515: Removal of obstructions in watercourses outside the district
1: Where any watercourse under the control of the council extends beyond the limits of the district, and its obstruction is likely to cause loss of life, injury, or damage to property within the district, the council may, by notice in writing, require the occupier or, where there is no occupier, the owner of any land on the banks of the river, stream, or watercourse for a distance of 1 500 metres beyond the upstream boundary or downstream boundary of the district to remove any earth or stone, and any driftwood, tree, shrub, or bush, or any part thereof, impeding the free flow of water in that watercourse, or to lower or trim any part of a tree, shrub, or bush overhanging that watercourse and likely to fall therein, within the space of the aforesaid 1 500 metres.
2: Subsections (2) to (7) and (9)﻿(b) of section 511
3: In this section the terms obstruction remove section 511(9) 1928 No 21 s 205; 1972 No 96 s 3(1); 1973 No 44 s 13(3) Section 515 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 General provisions Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
516: Exercise of powers on roads and public works not under control of council
Schedule 14 1956 No 64 s 233 Section 516 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
517: Bylaws for protection of land drainage works
Without limiting the powers of the council to make bylaws conferred by section 684
a: to regulate the use of any constructed drainage channel under the control of the council:
b: to determine the conditions on which other constructed public or private drainage channels may be connected or continue to be connected with any constructed drainage channel under the control of the council, including in those conditions the payment to the council of any annual or other charges:
c: to compel owners of land on or adjoining which there are any watercourses or drainage channels to construct, maintain, and renew crossings thereover at places and in manner approved by the council:
d: to regulate the construction and maintenance of crossings over watercourses and drainage channels:
e: to provide that in the case of specified watercourses or drainage channels, or parts thereof, the crossings shall be bridges or culverts constructed at places and in manner approved by the council:
f: to prohibit the passing over any watercourse or drainage channel except at appointed crossings:
g: prohibiting interference without the consent of the council with dams, reservoirs, headworks, and buildings connected with drainage channels:
h: to prohibit the widening and deepening of drainage channels, or the alteration of the course thereof, without the consent of the council:
i: prohibiting or regulating the planting of any trees, hedges, or other plants or the erection of any structures on or within a specified distance from the banks of any watercourse or drainage channel where they will obstruct or be likely to obstruct the free passage along the banks of the watercourse or channel of machinery or apparatus used for the purpose of improving, maintaining, or cleaning watercourses or channels, and requiring owners and occupiers of land on which any trees, hedges, or other plants are planted or structures are erected in breach of the bylaws to remove them:
j: regulating the erection of any structures or fences within a specified distance of any watercourse or drainage channel or in any place where they will obstruct or be likely to obstruct the free flow of flood waters in any existing flood channel:
k: authorising the council to require the removal, burning, poisoning, cutting, or treating (whether with or without the removal of the burnt, poisoned, cut, or treated portions) of trees, plants, weeds, or growths that obstruct or will be likely to obstruct the free flow of water in any watercourse or drainage channel or the free flow of flood waters in any existing flood channel:
l: to prohibit or regulate the pumping or releasing of water into any watercourse or drainage channel:
m: generally, to prevent trespasses, nuisances, and obstructions to drainage channels, and to make all such provision as to the council may seem necessary or expedient for the protection and proper management of drainage channels. 1956 No 64 s 236 Section 517 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
29A: Divestment of land drainage schemes and water race schemes
Part 29A inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517A: This Part subject to Resource Management Act 1991 and Soil Conservation and Rivers Control Act 1941
Nothing in this Part derogates from the provisions of the Resource Management Act 1991 Soil Conservation and Rivers Control Act 1941 Section 517A inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517B: Interpretation
In this Part, unless the context otherwise requires,— drainage area Part 29 drainage channel channel section 503 land drainage scheme Part 29 land drainage works section 503 occupier scheme asset
a: any estate or interest in any land, including all rights of occupation of land or buildings:
b: all buildings, vehicles, plant, equipment, and machinery, and any rights therein:
c: all financial reserves, and any rights therein:
d: all securities within the meaning of the Securities Act 1978
e: all rights of any kind, including rights under Acts, deeds, agreements, or licences, and any kind of consent granted under the Resource Management Act 1991
f: annual revenue (or any proportion thereof) received by a local authority from land vested in the local authority in trust or as an endowment for the purpose of or in relation to the land drainage scheme or water race scheme; but does not include any interest in any such land scheme liabilities
a: liabilities and obligations under any Act or agreement; and
b: deposits and other debt securities within the meaning of the Securities Act 1978
c: contingent liabilities scheme owner scheme user water race section 422(1) water race area Part 25 water race scheme Part 25 Section 517B inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517C: Purposes of this Part
The purposes of this Part are—
a: to enable any land drainage scheme or water race scheme to be transferred to the ownership and responsibility of the ratepayers served by the scheme where that is the wish of those ratepayers; and
b: to ensure that the manner in which any such scheme is transferred protects—
i: the interests of all ratepayers served by the scheme; and
ii: the public interest in the effective operation of this Act and other Acts by local authorities. Section 517C inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517D: Obligation of local authority to facilitate purposes
1: Where any local authority that has control of a land drainage scheme or water race scheme has reasonable grounds to believe that a significant proportion of scheme users may seek the transfer of that scheme under this Part, the local authority must, in relation to that scheme, take all reasonable steps to facilitate the operation of the provisions of this Part.
2: Reasonable steps under subsection (1) Section 517D inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Transfer petitions and transfer proposals Heading inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517E: Initiation of transfer
Subject to section 517F
a: a petition requesting the transfer of the land drainage scheme or water race scheme to the scheme users; and
b: a transfer proposal. Section 517E inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517F: Duty of local authority upon receipt of transfer petition and transfer proposal
1: No transfer petition or transfer proposal filed under section 517E
a: the number of valid signatures to the transfer petition is not greater than 50% of the number of separately rateable properties served by the land drainage scheme or water race scheme; or
b: the transfer proposal is the same or substantially similar to any proposal that has been filed with the local authority within the period of 36 months ending with the date on which the transfer petition is filed with the local authority.
2: Where any transfer petition or transfer proposal is of no effect under subsection (1), the local authority must notify the proposer or the proposer's representative accordingly.
3: Subject to subsection (1), where the local authority ascertains that a transfer proposal filed under section 517E section 517I
4: The return of the transfer proposal to the proposer under subsection (3) does not in any way preclude the proposer from once again filing a transfer petition under section 517E Section 517F inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517G: Signatures to transfer petition
1: Subject to this section, every scheme user is entitled to sign the transfer petition filed under section 517E
2: Where there is more than 1 scheme user in respect of any property served by the land drainage scheme or water race scheme proposed to be transferred, every such scheme user is entitled to sign a petition requesting the transfer of the land drainage scheme or water race scheme; but not more than 1 signature in respect of any such property may be counted for the purpose of assessing the number of valid signatures to the petition.
3: For the purposes of this section, and section 517F
4: No person may sign any transfer petition more than once.
5: Every scheme user who signs a petition filed under section 517E
a: the scheme user's name; and
b: the address of the property in respect of which the scheme user is entitled by virtue of subsection (1) to sign the petition. Section 517G inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517H: Proposer
Every transfer proposal filed under section 517E
a: the name of the proposer; and
b: an address at which the proposer or a representative of the proposer can be contacted; and
c: where a representative of the proposer is the person to be contacted, the name of that representative; and
d: the grounds on which the proposer claims to be entitled to make the proposal. Section 517H inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517I: Contents of transfer proposal
The transfer proposal must—
a: identify the land drainage scheme or water race scheme proposed to be transferred, which identification must be accompanied by a plan or other description sufficient to identify the land drainage scheme or water race scheme; and
b: identify (by reference to the land or property which is served by the scheme and which is occupied by each scheme user) the scheme users to whom the scheme is to be transferred; and
c: state whether it is the intention of the scheme users to whom the scheme is to be transferred—
i: to have the scheme transferred to themselves as tenants in common; or
ii: to have the scheme transferred, by their direction, to a body corporate comprised of those scheme users or acting on their behalf; or
iii: to have the scheme transferred, by their direction, to persons appointed by them to hold the scheme in trust on their behalf; and
d: identify the scheme assets and scheme liabilities; and
e: identify the scheme assets and scheme liabilities proposed to be transferred with the scheme; and
f: identify such of the assets identified in paragraph (e) as are, upon transfer of the scheme, to be purchased from the local authority (because they are not held or used by the local authority solely for the purposes of, or in relation to, the scheme to be transferred); and
g: identify the price proposed to be paid or the method for determining the price that should be paid for the scheme assets identified in paragraph (f); and
h: propose a procedure for the transfer of such of the scheme assets and scheme liabilities as are proposed to be transferred with the scheme and a timetable for their transfer; and
i: identify any rights conferred by designations under operative district plans applying to any land relating to the scheme; and
j: identify any rules or proposed rules in any regional plan or proposed regional plan relating to the scheme; and
k: identify any resource consents relating to the scheme, including any water permits or discharge permits that have become resource consents under section 386
l: identify any leases, easements, permits, or rights of any kind in respect of any scheme assets or scheme liabilities. Section 517I inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517J: Service of transfer proposal
The proposer of a transfer proposal filed under section 517E
a: every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
b: every other scheme user in relation to the scheme to which the transfer proposal relates; and
c: every local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (other than the local authority that has control of that scheme). Section 517J inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517K: Right to object to transfer proposal
Where a transfer proposal is filed under section 517E
a: any scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
b: any other scheme user in relation to the scheme to which the transfer proposal relates; and
c: any local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (including the local authority that has control of that scheme)— may, in accordance with this Part, object to the transfer proposal. Section 517K inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517L: Notice of right to object
Subject to section 517F(3) section 517E
a: to every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
b: to every other scheme user in relation to the scheme to which the transfer proposal relates; and
c: to every local authority entitled under section 517K(c) a notice complying with section 517M Section 517L inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517M: Contents of notice of right to object
Every notice given under section 517L
a: give notice of the local authority's receipt of the transfer petition and transfer proposal under section 517E
b: give notice of the obligations of the proposer under section 517J
c: invite any person (being a person entitled under section 517K
d: advise that, where objections are received from—
i: a local authority entitled under section 517K(c)
ii: the operator of any other drainage system or water supply system that utilises the scheme; or
iii: scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme,— all the objections received by the local authority will be forwarded to the Commission for determination in accordance with section 517T
e: advise that, where a local authority receives an objection under paragraph (d)﻿(i) or paragraph (d)﻿(ii), any objections received by the local authority under paragraph (d)﻿(iii) will also be forwarded to the Commission, notwithstanding that those objections are from scheme users who are occupiers of less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme. Section 517M inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517N: Lodging of objections
Every objection under section 517K
a: must be made in writing; and
b: must, within the time stipulated in the notice issued under section 517M
c: must state the basis on which the person making the objection is entitled to do so under section 517K
d: must, where the person making the objection is a scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates,—
i: describe that drainage system or water supply system; and
ii: state, against the scheme user's signature, the scheme user's name; and
e: must, where the person making the objection is a scheme user (other than a scheme user to whom paragraph (d)
i: the scheme user's name; and
ii: the address of the property in respect of which the scheme user is entitled to lodge the objection; and
f: must specify the grounds on which the objection is lodged, which grounds must be stated with sufficient particularity as to give full advice to both the Local Government Commission and other parties of the issues involved. Section 517N inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517O: Service of copies of objections
Every person who lodges an objection under section 517K Section 517O inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517P: Notification by local authority of receipt of objections
Within 7 days after the closing date for the lodging of written objections under section 517K
a: must ascertain whether it has received any written objections from—
i: any local authority entitled under section 517K(c)
ii: the operator of any other drainage system or water supply system that utilises the scheme; or
iii: scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme; and
b: must advise the proposer and all other scheme users and every local authority within whose district the scheme is wholly or partly situated or which is otherwise likely to be affected by the proposed transfer, whether or not, as a result of its finding under paragraph (a), the local authority is required by section 517S Section 517P inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517Q: Procedure where transfer proposal not required to be forwarded to Commission
Where the local authority finds, under section 517P section 517S Section 517Q inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517R: Obligation of local authority to effect transfer
Where a transfer proposal becomes a transfer plan under section 517Q
a: to the scheme users of the land drainage scheme or water race scheme as tenants in common; or
b: by direction of the scheme users of the land drainage scheme or water race scheme,—
i: to any body corporate comprised of or acting on behalf of all the scheme users; or
ii: where the scheme users of the land drainage scheme or water race scheme have appointed any persons to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants. Section 517R inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517S: Procedure on receipt of objections
1: The local authority must, as soon as is practicable upon receipt by it of—
a: an objection from a local authority entitled under section 517K(c)
b: an objection from any scheme user who is the operator of a drainage system or water supply system that utilises the scheme; or
c: objections from scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme,— forward to the Commission the copies and information specified in subsection (2).
2: The copies and information required by subsection (1) to be forwarded to the Commission comprise—
a: a copy of the transfer proposal; and
b: a copy of every objection received by the local authority under section 517K
c: such information concerning the characteristics of the land drainage scheme or water race scheme proposed to be transferred as is necessary for the purposes of section 517T Section 517S inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517T: Duty of Commission to consider objections
1: Where the copy of the transfer proposal and the copies of the other documents are forwarded to the Commission under section 517S
a: must ensure that the proposer or a representative of the proposer, and any person who has lodged a written objection under section 517K
b: must consider, having regard to the criteria set out in section 517U
i: the transfer proposal; and
ii: each objection received; and
iii: all other relevant information presented to or obtained by the Commission.
2: Where all objections to a transfer proposal have been considered and any further investigations or inquiries or negotiations considered by the Commission to be necessary or desirable have been made or carried out, the Commission must determine whether the transfer of the scheme is to proceed or not.
3: Where the Commission determines under subsection (2) that the proposed transfer is to proceed, the Commission may approve the transfer proposal with such modifications, if any, as the Commission thinks fit, being modifications which result from the objections made in relation to the transfer proposal or from any investigations, inquiries, or negotiations made or carried out in relation to that transfer proposal.
4: The determination of the Commission under subsections (2) and (3) is final. Section 517T inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517U: Relevant criteria
Where the Commission considers any transfer proposal under section 517T
a: the purposes of local government as set out in section 37K
b: the purposes of this Part as set out in section 517C
c: the extent to which the transfer of the scheme would impact upon, or be prejudicial to, the operation of any other drainage system or water supply system that utilises the scheme; and
d: the extent to which the transfer of the scheme would be oppressive, unfairly discriminatory, or unfairly prejudicial to any scheme user or particular scheme users; and
e: the extent to which the transfer of the scheme would impact upon the functions, powers, and duties of any local authority under the Local Government Act 1974, the Resource Management Act 1991 Soil Conservation and Rivers Control Act 1941 Section 517U inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517V: Notice of Commission's determination
1: Where the Commission makes a determination under section 517T
a: forward a copy of that determination, together with a statement explaining the Commission's reasons for the determination to the local authority concerned and to the proposer or the proposer's representative; and
b: give notice of the determination and explanatory statement to all scheme users and local authorities affected by the proposed transfer; and
c: make a copy of the determination and a copy of the explanatory statement available for public inspection at the office of the Commission.
2: The local authority concerned must make a copy of the determination and a copy of the explanatory statement available for public inspection at its office. Section 517V inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517W: Modification of support for transfer proposal
1: This section applies to any transfer proposal approved with modifications by the Commission under section 517T(3)
2: Where a local authority receives under section 517V(1)
a: gives notice that the Local Government Commission has modified the transfer proposal; and
b: states the Commission's obligations under paragraphs (b) and (c) of section 517V(1)
c: states that any scheme user who signed the transfer petition under section 517G
d: states that any scheme user who was entitled under section 517G
e: states the local authority's obligations under subsection (3).
3: Within 7 days after the date specified under subsection (2)﻿(c), the local authority must determine whether—
a: after deleting any signature that is the subject of an application under subsection (2)﻿(c); and
b: after counting, as if it were a signature to the petition, any support for the petition recorded in accordance with an application under subsection (2)﻿(d),— the number of valid signatures on the transfer petition is equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water race scheme.
4: Where the local authority determines under subsection (3) that the number of valid signatures on the transfer petition is not equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water race scheme, the local authority must notify every scheme user that the number of valid signatures on the transfer petition is insufficient and that the transfer proposal is not to proceed. Section 517W inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Transfer plan Heading inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517X: Procedure after determination
1: Where the Commission determines under section 517T(2)
2: Where, in relation to a transfer proposal to which section 517W Section 517X inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517Y: Obligation of local authority to effect transfer
Where a transfer proposal becomes a transfer plan under section 517X
a: to the scheme users of the land drainage scheme or water race scheme as tenants in common; or
b: by direction of the scheme users of the land drainage scheme or water race scheme,—
i: to any body corporate comprised of or acting on behalf of the scheme users; or
ii: where the scheme users of the land drainage scheme or water race scheme have appointed any person to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants. Section 517Y inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Implementation of transfer plan Heading inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517Z: Transfer by local authority of scheme assets and scheme liabilities
1: Notwithstanding any Act, rule of law, or agreement, where a transfer proposal becomes a transfer plan under section 517Q section 517X
a: transfer to the person or group of persons to whom the scheme is transferred, the scheme assets and scheme liabilities; and
b: vest in the person or group of persons to whom the scheme is transferred any rights conferred by designations under district plans applying to any land transferred pursuant to this Part; and
c: grant to the person or group of persons to whom the scheme is transferred leases, easements, permits, consents, or rights of any kind in respect of any scheme assets or scheme liabilities as provided for by the transfer proposal, the amended transfer proposal, or the Commission's determination, as the case may be.
2: Where a local authority continues, on behalf of scheme users, to collect revenue from land vested in the local authority in trust or as an endowment for the purposes of or in relation to a land drainage scheme or water race scheme transferred under this Part, the local authority is entitled to deduct from such revenue all reasonable costs and expenses incurred in the collection of such revenue.
3: Where any designation is, under subsection (1)﻿(b) vested in a person or group of persons, that person or group of persons may, within the period of 2 years beginning on the transfer day, apply under section 167
4: Scheme assets that are fixed to, or are under or over, any land may be transferred under this Part, whether or not any interest in the land is also transferred. Where any such asset is so transferred, the asset and the land are to be regarded as separate assets each capable of separate ownership.
5: Any scheme asset or scheme liability may be transferred under this Part, whether or not any Act or agreement relating to the asset or liability permits such transfer or requires any consent to such a transfer.
6: Where a transfer takes place pursuant to this section and the transfer is registrable, the person responsible for keeping the register must register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for that purpose by the local authority. Section 517Z inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517ZA: Further provisions relating to transfer of scheme assets and scheme liabilities
1: Nothing in this Part—
a: is to be regarded as placing the local authority, the scheme owner, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
b: is to be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or
c: is to be regarded as placing the local authority, the scheme owner, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or
d: releases any surety wholly or in part from all or any obligation; or
e: invalidates or discharges any contract or security.
2: Where a scheme asset or scheme liability is transferred to the scheme owner under section 517Z
3: Where—
a: any scheme assets held or used by a local authority are held or used for the purposes of, or in relation to, any other land drainage scheme or water race scheme vested in the local authority; or
b: any scheme liabilities are incurred by a local authority for the purposes of any other land drainage scheme or water race scheme vested in the local authority,— the scheme owner must indemnify the local authority for that proportion of the liability which represents the share of the land drainage scheme or water race scheme in any such scheme asset or scheme liability.
4: Any satisfaction or performance by the scheme owners in respect of the asset or liability is deemed to be also satisfaction or performance by the local authority.
5: Any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the scheme owner is deemed to be also to the benefit of the local authority. Section 517ZA inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517ZB: Rates and charges payable for proportionate part of year in certain circumstances
1: Where in any year a land drainage scheme or water race scheme is transferred under this Part before a local authority prescribes any charge or sets
2: If in any year a land drainage scheme or water race scheme is transferred under this Part, after any charge or rate in respect of the scheme has been prescribed or set for that year, the local authority may assess and collect the charge or rate, but the proportion of the charge or rate that was assessed for the purpose of the scheme and that was not expended by the local authority before the transfer of the scheme must be paid by the local authority to the scheme owner upon the transfer of the scheme. Section 517ZB inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZB(1) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 517ZB(2) replaced 1 July 2003 section 137(1) Local Government (Rating) Act 2002
517ZC: Rights of entry
1: Subject to subsections (2) to (6), any scheme owner may enter upon land (including land owned by the Crown) for the purpose of gaining access to any land drainage scheme or water race scheme owned by the scheme owner and may perform any act or operation necessary for the purpose of operating, inspecting, maintaining, or repairing any such scheme.
2: Subject to subsection (3), the power to enter upon land given by subsection (1) is subject to the following conditions:
a: entry to the land may only be made by the scheme owner or any other person authorised by the scheme owner in writing, either specifically or as a member of a class so authorised by the scheme owner:
b: reasonable notice of the intention to enter must be given:
c: entry may be made only at reasonable times:
d: the person entering must carry evidence of his or her authority and must produce such evidence on initial entry or if required to do so.
3: Nothing in subsection (2) applies where the entry is necessary in circumstances of probable danger to life or property.
4: In any situation to which subsection (3) applies, notice of the entry must be given as soon as is practicable, whether before or after the entry is made.
5: A person who enters upon any land in the exercise of the power given by subsection (1) must take all reasonable steps—
a: to avoid or minimise the disturbance of any stock or poultry on the land; and
b: to avoid or minimise any damage to or destruction of any fences, buildings, trees, or other property of any kind, other than property belonging to the scheme owner.
6: The scheme owner is liable to repair, or pay compensation for, any damage or loss suffered by any person as a result of any exercise of the power of entry given by subsection (1). 1987 No 116 s 12(1), (3) Section 517ZC inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517ZD: Registration of rights
1: As soon as is reasonably practicable after the transfer of a land drainage scheme or water race scheme under this Part, the principal administrative officer of the local authority must furnish to the scheme owner a certificate that the rights of entry upon land referred to in section 517ZC(1)
2: The scheme owner must, upon receipt of the certificate, lodge it with the Registrar-General of Land, together with such plans, if any, as the Registrar-General of Land requires.
3: The Registrar-General of Land upon receipt of the certificate referred to in subsection (1)
a: if the land affected or any part of it is not subject to the Land Transfer Act 2017
b: if the land affected or any part of it is subject to the Land Transfer Act 2017
4: If the land affected by the certificate to which this section applies or any part of it is not subject to the Land Transfer Act 2017 Deeds Registration Act 1908
5: No action lies against the Crown or any other person under subpart 3 of Part 2
6: Notwithstanding any enactment or rule of law to the contrary, any certificate registered under this section is deemed to be binding on any registered owner
7: Without limiting the provisions of this section, any right referred to in any certificate registered by the Registrar-General of Land under this section may be transferred, by a transfer instrument to be registered under the Land Transfer Act 2017
8: On and after the commencement of this section, nothing in—
a: Part 5
b: section 708
c: section 29
d: section 10 applies to, or in respect of, any right to which subsection (1) applies.
9: Nothing in this section prejudices or affects any claim for compensation made before the commencement of this section under any of the Acts specified in subsection (8). 1990 No 52 s 4(6)﻿(c), (7), (10)–(13) Section 517ZD inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZD(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(3)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(3)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(7) amended 12 November 2018 section 250 Land Transfer Act 2017
517ZE: Transfer of existing easements, etc
1: Where a land drainage scheme or water race scheme is transferred by a local authority under this Part, the benefit of any existing easement, agreement, or right over or in respect of land relating to land drainage works, drainage channels, water races, or other facilities, for the purposes of the scheme, is deemed to be transferred to the person or group of persons to whom the scheme is transferred, notwithstanding that the easement, agreement, or right may not have been registered.
2: In respect of any land to which subsection (1) applies, the local authority must, at the request of the scheme owner, by notice registered in accordance with this section against the title of the land, indicate the existence of the relevant easement, agreement, or right and the fact that it has been transferred to the scheme owner pursuant to subsection (1).
3: Every such notice must—
a: be signed by the local authority; and
b: specify the parcel of land affected; and
c: have endorsed on the notice, or refer to, a diagram or plan showing the position or course of the land drainage works, drainage channels, water race, or other facility to which the easement, agreement, or right relates; and
d: be lodged by the local authority with the Registrar-General of Land, who must register it against the title to that land.
4: Notwithstanding anything in subsection (3)﻿(c), where it is not practicable to show on the diagram or plan the true position or course of the land drainage works, drainage channels, water race, or other facilities to which the easement, agreement, or right relates, the notice registered in accordance with this section must indicate the position or course as nearly as possible, and, until the contrary is proved, the position or course so indicated is deemed to be the true position or course.
5: Where any such notice has endorsed on it or refers to a diagram or plan to which subsection (4) applies and it is subsequently shown by a plan deposited by the Registrar-General of Land that the true position or course of the land drainage works, drainage channels, water race, or other facility differs from the position or course shown on the first-mentioned diagram or plan, the Registrar-General of Land must endorse on the notice and on any other appropriate titles, plans, or records a reference to the deposited plan; and the notice is thereupon deemed to have referred to the deposited plan from the date on which it was signed.
6: No action lies against the Crown under subpart 3 of Part 2
7: Notwithstanding any enactment or rule of law to the contrary, any notice registered under this section is deemed to be binding on any registered owner
8: Any easement, agreement, or right referred to in any notice registered under this section may be transferred, by a transfer instrument registered under the Land Transfer Act 2017 1990 No 52 s 5 Section 517ZE inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZE(3)﻿(d) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZE(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZE(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZE(8) amended 12 November 2018 section 250 Land Transfer Act 2017
517ZF: Transfer of water permits
1: Where a land drainage scheme or water race scheme is transferred by a local authority under this Part, any existing permit held by the local authority to dam any river or stream or to divert, take, use, or discharge water for the purposes of the scheme is deemed to be transferred to the person to whom, or the group of persons to which, the scheme is transferred.
2: Every permit so transferred continues to be subject to the same terms and conditions as those to which it was subject immediately before the date of transfer.
3: Every permit to which this section applies is subject to the provisions of any other enactment relating to it. 1990 No 52 s 7 1991 No 69 s 362 Section 517ZF inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517ZG: Transfer of land
1: Nothing in sections 40 to 42
2: The Registrar-General of Land must endorse on every record of title 1990 No 52 ss 9(4) 10(2) Section 517ZG inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZG(2) amended 12 November 2018 section 250 Land Transfer Act 2017
517ZH: Section 11 and Part 10 of Resource Management Act 1991 and Part 21 of this Act not to apply
Section 11 Part 10 Part 21 1990 No 52 s 12 1991 No 69 s 362 Section 517ZH inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517ZI: Activity permitted as of right
For the purposes of section 375(1)﻿(a)﻿(iii) section 375 1990 No 52 s 13 1991 No 69 s 362 Section 517ZI inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517ZJ: Revocation of
resolutions
1: On the transfer of any land drainage scheme or water race scheme under this Part,—
a: that part of every resolution section 423 section 504 section 505
b: that part of every drainage district (being a drainage district that is deemed to be a drainage area constituted under Part 29
c: that part of every water race district (being a water race district that is deemed to be a water race area constituted under Part 25
d: that part of every irrigation district (being an irrigation district that is deemed to be a water race area constituted under Part 25
2: A local authority must Section 517ZJ inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZJ heading amended 7 July 2004 section 18(1) Local Government Act 1974 Amendment Act 2004 Section 517ZJ(1)﻿(a) amended 7 July 2004 section 18(2) Local Government Act 1974 Amendment Act 2004 Section 517ZJ(2) amended 7 July 2004 section 18(3) Local Government Act 1974 Amendment Act 2004
517ZK: Power of local authority to enter into contracts with scheme owners
Subject to Part 16A Section 517ZK inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517ZL: Power to repair or maintain land drainage schemes and water races
If a land drainage scheme or water race scheme is not repaired or maintained in a due state of efficiency, the owners or occupiers for the time being of the land through, on, or between which the land drainage scheme or water race scheme is situated may, after giving 7 clear days notice to the scheme owner of their intention to do so, repair or otherwise maintain the same in a due state of efficiency, and recover in a summary manner from the scheme owner a fair and equitable proportion of the expenses incurred by them in so doing. Section 517ZL inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999
517ZM: Power of territorial authority to reconstitute land drainage or water race areas
1: A territorial authority may, upon receipt of a petition signed by the occupiers of a majority of the separately rateable properties served by a land drainage scheme or water race scheme, and with the agreement of the scheme owner,
a: a drainage area for the purpose of land drainage works for the drainage of land in the area; or
b: a water race area for the purpose of the construction and maintenance therein of water races and the supply of water therefrom.
2: Part 29
3: Part 25
4: Upon a drainage area or water race area being constituted under subsection (1),—
a: the drainage channels and land drainage works relating to the land drainage scheme vest in the territorial authority; and
b: the water races relating to the water race scheme vest in the territorial authority. Section 517ZM inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZM(1) amended 7 July 2004 section 19 Local Government Act 1974 Amendment Act 2004
30: Supply of energy
Part 30 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
518: Interpretation
Section 518 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 Supply of energy by territorial authorities Heading repealed 7 October 1994 section 89(2) Energy Companies Act 1992
519: Territorial authority may light roads, etc, with energy
Section 519 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
520: Supply of energy
Section 520 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
521: Gas reticulation
Section 521 repealed 1 February 1983 Gas Act 1982
522: Powers in respect of supply of energy
Section 522 repealed 1 April 1993 section 173(2) Electricity Act 1992
523: Territorial authority may contract with other persons for lighting of roads and for supply of energy
Section 523 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
524: Territorial authority may install, purchase, or sell fittings and equipment
Section 524 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
525: Supply of energy to persons outside the district
Section 525 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
526: Works for supply of energy to vest in territorial authority
Section 526 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
527: Consumer to supply fittings
Section 527 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
528: Offences with respect to meters
Section 528 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
529: Territorial authority to fix price of energy
Section 529 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
530: Territorial authority may cut off supply of energy
Section 530 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
531: Recovery of energy charges
Section 531 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
532: Electricity or gas company may sell works to territorial authority
Section 532 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
533: Grants and advances to owners and occupiers for energy related purposes
Section 533 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
534: When advance not to be a charge on land
Section 534 repealed 7 October 1994 section 89(2) Energy Companies Act 1992
535: Savings of agreements
Section 535 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 Supply of energy by regional councils or united councils Heading repealed 7 October 1994 section 89(2) Energy Companies Act 1992
536: Regional council or united council may undertake regional energy supply
Section 536 repealed 1 July 1992 section 49 Local Government Amendment Act 1992
536A: Regional energy planning committee
Section 536A repealed 1 July 1992 section 49 Local Government Amendment Act 1992 Agreements for supply of energy Heading repealed 7 October 1994 section 89(2) Energy Companies Act 1992
536B: Territorial authority, regional council, or united council may enter into arrangements with other bodies for the supply of energy
Section 536B repealed 14 August 1986 section 8(2)﻿(c) Local Government Amendment Act (No 3) 1986
31: Waste management
Part 31 repealed 26 September 2008 section 61 Waste Minimisation Act 2008
537: Interpretation
Section 537 repealed 26 September 2008 section 61 Waste Minimisation Act 2008
538: Duty of territorial authority to encourage efficient waste management
Section 538 repealed 26 September 2008 section 61 Waste Minimisation Act 2008
539: Waste management plan
Section 539 repealed 26 September 2008 section 61 Waste Minimisation Act 2008
540: Powers in respect of waste management
Section 540 repealed 26 September 2008 section 61 Waste Minimisation Act 2008
540A: Collection and disposal of waste
Section 540A repealed 26 September 2008 section 61 Waste Minimisation Act 2008
541: Waste management operations and facilities
Section 541 repealed 26 September 2008 section 61 Waste Minimisation Act 2008
542: Bylaws
Section 542 repealed 26 September 2008 section 61 Waste Minimisation Act 2008
543: Grants
Section 543 repealed 26 September 2008 section 61 Waste Minimisation Act 2008
544: Allocation of costs
Section 544 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 Regional refuse collection and disposal Heading repealed 1 July 1992 section 50 Local Government Amendment Act 1992
545: Meaning of council
Section 545 repealed 1 July 1992 section 50 Local Government Amendment Act 1992
546: Council may operate refuse collection and disposal services
Section 546 repealed 1 July 1992 section 50 Local Government Amendment Act 1992
547: Powers of council in respect of refuse collection and disposal service
Section 547 repealed 1 July 1992 section 50 Local Government Amendment Act 1992
548: Use of regional refuse disposal works by local authorities outside region
Section 548 repealed 1 July 1992 section 50 Local Government Amendment Act 1992
32: Land development for housing, commercial, and industrial purposes
Part 32 repealed 1 July 2003 section 266 Local Government Act 2002
549: Interpretation
Section 549 repealed 1 July 2003 section 266 Local Government Act 2002
549A: United council and regional council may only act under this Part in response to developments for which it may determine development levy
Section 549A repealed 1 July 1992 section 52(1) Local Government Amendment Act 1992 Development of land for housing Heading repealed 1 July 2003 section 266 Local Government Act 2002
550: Council may acquire land for housing
Section 550 repealed 1 July 2003 section 266 Local Government Act 2002
551: Council may subdivide land
Section 551 repealed 1 July 2003 section 266 Local Government Act 2002
552: Council may erect or purchase or convert houses
Section 552 repealed 1 July 2003 section 266 Local Government Act 2002
553: Erection of flats and sale of flats
Section 553 repealed 1 July 2003 section 266 Local Government Act 2002
554: Council may sell or lease houses and building sections
Section 554 repealed 1 July 2003 section 266 Local Government Act 2002
555: Provisions as to leases
Section 555 repealed 1 July 2003 section 266 Local Government Act 2002
556: Leasehold-purchase schemes
Section 556 repealed 1 July 2003 section 266 Local Government Act 2002
557: Leases to employees of council may be by private contract
Section 557 repealed 1 July 2003 section 266 Local Government Act 2002
558: Repayment of advances and purchase money
Section 558 repealed 1 July 2003 section 266 Local Government Act 2002
559: Council may decline to sell or lease without giving reasons
Section 559 repealed 30 March 1985 section 33 Local Government Amendment Act 1985
560: Sale or lease of land for housing
Section 560 repealed 1 July 2003 section 266 Local Government Act 2002
561: Council may sell or lease surplus land
Section 561 repealed 1 July 2003 section 266 Local Government Act 2002
562: Accounting of proceeds of sale or lease of building allotments
Section 562 repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996 Advances to financial institutions and guarantees of housing loans Heading repealed 1 July 2003 section 266 Local Government Act 2002
563: Advances by council towards loans for housing purposes
Section 563 repealed 1 July 2003 section 266 Local Government Act 2002
564: Guarantees by council of portions of mortgages granted for housing purposes
Section 564 repealed 1 July 2003 section 266 Local Government Act 2002
565: Power of council to guarantee loans for erection of flats
Section 565 repealed 1 July 2003 section 266 Local Government Act 2002
566: Council may guarantee certain replacement mortgages
Section 566 repealed 1 July 2003 section 266 Local Government Act 2002
567: Provisions affecting mortgages
Section 567 repealed 1 July 2003 section 266 Local Government Act 2002
568: Mortgages securing premium instead of interest
Section 568 repealed 1 July 2003 section 266 Local Government Act 2002
569: Mortgages of leases
Section 569 repealed 1 July 2003 section 266 Local Government Act 2002
570: Extending lending powers of financial institutions
Section 570 repealed 1 July 2003 section 266 Local Government Act 2002
571: Insurance fund
Section 571 repealed 1 July 2003 section 266 Local Government Act 2002 Commercial and industrial development Heading repealed 1 July 2003 section 266 Local Government Act 2002
572: Development, sale, or lease of land and buildings for commercial or industrial purposes
Section 572 repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002
573: Validity of documents and resolutions
Section 573 repealed 1 July 2003 section 266 Local Government Act 2002
574: Borrowing powers of council
Section 574 repealed 1 July 2003 section 266 Local Government Act 2002
575: Registration of agreements for sale
Section 575 repealed 1 July 2003 section 266 Local Government Act 2002
33: Farming and afforestation
Part 33 repealed 1 July 2003 section 266 Local Government Act 2002 Farming Heading repealed 1 July 2003 section 266 Local Government Act 2002
575A: Interpretation
Section 575A repealed 1 July 2003 section 266 Local Government Act 2002
575B: Regional councils
Section 575B repealed 1 July 2003 section 266 Local Government Act 2002
576: Power to undertake farming operations
Section 576 repealed 1 July 2003 section 266 Local Government Act 2002 Forestry Heading repealed 1 July 2003 section 266 Local Government Act 2002
577: Power to establish, tend, and utilise forests
Section 577 repealed 1 July 2003 section 266 Local Government Act 2002
578: Management plans
Section 578 repealed 1 July 2003 section 266 Local Government Act 2002
579: Licences to take forest produce
Section 579 repealed 1 July 2003 section 266 Local Government Act 2002
580: Permits for temporary occupation
Section 580 repealed 1 July 2003 section 266 Local Government Act 2002
581: Licences for grazing and other purposes
Section 581 repealed 1 July 2003 section 266 Local Government Act 2002
582: Improvements effected by licensee
Section 582 repealed 1 July 2003 section 266 Local Government Act 2002
583: Forfeiture of licences and permits
Section 583 repealed 1 July 2003 section 266 Local Government Act 2002
584: Grants for research
Section 584 repealed 1 July 2003 section 266 Local Government Act 2002
585: Grants for destruction of pests or weeds
Section 585 repealed 1 July 2003 section 266 Local Government Act 2002
586: Forest bylaws
Section 586 repealed 1 July 2003 section 266 Local Government Act 2002
34: Public services
Part 34 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Conveyance of passengers and goods Heading repealed 1 July 2003 section 266 Local Government Act 2002
586A: Interpretation
Section 586A repealed 1 July 2003 section 266 Local Government Act 2002
587: Territorial authority may establish services for conveyance of passengers and goods
Section 587 repealed 1 July 2003 section 266 Local Government Act 2002
588: Territorial authority may establish ferry services
Section 588 repealed 1 July 2003 section 266 Local Government Act 2002
589: Person carrying on transport or ferry service may sell undertaking to territorial authority
Section 589 repealed 1 July 2003 section 266 Local Government Act 2002 Vehicle-testing stations Heading repealed 1 July 2003 section 266 Local Government Act 2002
590: Vehicle-testing stations
Section 590 repealed 1 July 2003 section 266 Local Government Act 2002 Parking places and buildings and transport stations Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
591: Provision of parking places and buildings and transport stations
1: The council may provide parking places and buildings and transport stations, and for that purpose may—
a: take, purchase, or otherwise acquire any land or buildings or erect any buildings in or near to the district:
b: utilise any land or buildings that may lawfully be appropriated for the purpose:
c: take all such steps as the council thinks necessary to adapt for use as a parking place or building or transport station any land or building that it may acquire or utilise under this section:
d: authorise the use as a parking place or transport station of any part of a road:
e: appoint any place or any road or any specified part of any place or road as a transport station for the exclusive use of vehicles engaged in any passenger service or goods service or any other transport service.
2: The council shall not authorise the use of any part of a road as a parking place or transport station so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by any person entitled to the use thereof, or so as to be a nuisance.
3: The exercise by the council of its power under this section with respect to the use of any part of a road shall not render it subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle.
4: Except as provided in bylaws made pursuant to section 591A
5: The council may, in the exercise of its power of leasing and letting under Part 14
6: In this section— parking place transport station and each of those expressions includes all necessary approaches and means of entrance to and egress from any such place, and all such buildings, ticket offices, waiting rooms, cloak rooms, structures, appliances, and other facilities as the council considers to be necessary or desirable for the efficient use of that place for the purpose for which it is provided and the collection of charges in relation to that use. 1954 No 76 s 177(1)–(4), (8), (9); 1956 No 64 s 199(1)–(4), (8), (9) Section 591 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 591(1) proviso repealed 1 July 1992 section 56 Local Government Amendment Act 1992
591A: Bylaws as to parking places and transport stations
Section 591A repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
592: Territorial authority may guarantee loans for parking buildings or parking spaces
Section 592 repealed 1 July 2003 section 266 Local Government Act 2002 Information centres and public relations offices Heading repealed 1 July 2003 section 266 Local Government Act 2002
593: Council may operate information centres and public relations offices
Section 593 repealed 1 July 2003 section 266 Local Government Act 2002 Public relations and public information Heading repealed 1 July 2003 section 266 Local Government Act 2002
593A: Power of regional council to engage in public relations and public information activities
Section 593A repealed 1 July 2003 section 266 Local Government Act 2002 Promotion of tourism Heading repealed 1 July 2003 section 266 Local Government Act 2002
593B: Tourism
Section 593B repealed 1 July 2003 section 266 Local Government Act 2002 Camping ground accommodation Heading repealed 1 July 2003 section 266 Local Government Act 2002
594: Council may operate camping grounds, cabins, huts, and motels
Section 594 repealed 1 July 2003 section 266 Local Government Act 2002
34A: Local authority trading enterprises and divestment of undertakings
Part 34A repealed 1 July 2003 section 266 Local Government Act 2002
594A: Commencement
Section 594A repealed 1 July 2003 section 266 Local Government Act 2002
594B: Definition of local authority trading enterprise
Section 594B repealed 1 July 2003 section 266 Local Government Act 2002
594C: Transfer of existing undertaking to local authority trading enterprise where local authorities have majority interest
Section 594C repealed 1 July 2003 section 266 Local Government Act 2002
594D: Transfer of existing undertaking to local authority trading enterprise or other entity in which local authority will not have majority interest
Section 594D repealed 1 July 2003 section 266 Local Government Act 2002
594E: Prohibition on transfer of regulatory functions
Section 594E repealed 1 July 2003 section 266 Local Government Act 2002
594F: Reduction of interest in local authority trading enterprise
Section 594F repealed 1 July 2003 section 266 Local Government Act 2002
594G: Listing on Stock Exchange only after special consultative procedures followed
Section 594G repealed 1 July 2003 section 266 Local Government Act 2002
594H: Ability to hold equity securities in local authority trading enterprises
Section 594H repealed 1 July 2003 section 266 Local Government Act 2002 Establishment procedures Heading repealed 1 July 2003 section 266 Local Government Act 2002
594I: Establishment units
Section 594I repealed 1 July 2003 section 266 Local Government Act 2002
594J: Function of establishment units
Section 594J repealed 1 July 2003 section 266 Local Government Act 2002
594K: Establishment plan
Section 594K repealed 1 July 2003 section 266 Local Government Act 2002
594L: Application of Local Government Official Information and Meetings Act 1987
Section 594L repealed 1 July 2003 section 266 Local Government Act 2002
594M: Establishment unit where more than 1 local authority involved
Section 594M repealed 1 July 2003 section 266 Local Government Act 2002
594N: Power of establishment unit in relation to divestment plan
Section 594N repealed 1 July 2003 section 266 Local Government Act 2002
594O: Power of local authority in relation to divestment of undertakings
Section 594O repealed 1 July 2003 section 266 Local Government Act 2002
594P: Effect of establishment unit determinations and recommendations
Section 594P repealed 1 July 2003 section 266 Local Government Act 2002 Principal objective of local authority trading enterprise Heading repealed 1 July 2003 section 266 Local Government Act 2002
594Q: Principal objective to be successful business
Section 594Q repealed 1 July 2003 section 266 Local Government Act 2002
594QA: Scope of operation of local authority trading enterprises that are passenger transport companies or that may receive payments for land transport related projects
Section 594QA repealed 1 July 2003 section 266 Local Government Act 2002
594R: Directors and their role
Section 594R repealed 1 July 2003 section 266 Local Government Act 2002 Statement of corporate intent Heading repealed 1 July 2003 section 266 Local Government Act 2002
594S: Statement of corporate intent
Section 594S repealed 1 July 2003 section 266 Local Government Act 2002
594T: Contents of statement of corporate intent
Section 594T repealed 1 July 2003 section 266 Local Government Act 2002
594U: Completion of statement of corporate intent
Section 594U repealed 1 July 2003 section 266 Local Government Act 2002
594V: Modifications of statement of corporate intent
Section 594V repealed 1 July 2003 section 266 Local Government Act 2002
594W: Obligation to make statement of corporate intent available
Section 594W repealed 1 July 2003 section 266 Local Government Act 2002
594X: Circumstances in which statement of corporate intent not required
Section 594X repealed 1 July 2003 section 266 Local Government Act 2002
594Y: Savings of certain transactions
Section 594Y repealed 1 July 2003 section 266 Local Government Act 2002
594Z: Reports and accounts
Section 594Z repealed 1 July 2003 section 266 Local Government Act 2002
594ZA: Protection from disclosure of sensitive information
Section 594ZA repealed 1 July 2003 section 266 Local Government Act 2002
594ZB: Public availability of documents
Section 594ZB repealed 1 July 2003 section 266 Local Government Act 2002
594ZC: Auditor-General to be auditor of local authority trading enterprises and subsidiaries
Section 594ZC repealed 1 July 2003 section 266 Local Government Act 2002
594ZD: Application of Act to related and associated companies
Section 594ZD repealed 1 July 2003 section 266 Local Government Act 2002 Transfers of undertakings Heading repealed 1 July 2003 section 266 Local Government Act 2002
594ZE: Transfer of leases, licences, etc, to local authority trading enterprises
Section 594ZE repealed 1 July 2003 section 266 Local Government Act 2002
594ZF: Modification of provisions of Public Works Act 1981
Section 594ZF repealed 1 July 2003 section 266 Local Government Act 2002
594ZG: Obligation to lodge caveat
Section 594ZG repealed 1 July 2003 section 266 Local Government Act 2002
594ZH: Exclusion of Public Bodies Leases Act 1969
Section 594ZH repealed 1 July 2003 section 266 Local Government Act 2002
594ZI: Liabilities in respect of undertakings
Section 594ZI repealed 1 July 2003 section 266 Local Government Act 2002
594ZJ: Certain matters not affected by transfer of undertaking to local authority trading enterprise
Section 594ZJ repealed 1 July 2003 section 266 Local Government Act 2002
594ZK: Consequential provisions on transfer of undertaking to local authority trading enterprise
Section 594ZK repealed 1 July 2003 section 266 Local Government Act 2002
594ZL: Stamp duty exemption
Section 594ZL repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999
594ZM: Application of Income Tax Act
1994 Section 594ZM repealed 1 July 2003 section 266 Local Government Act 2002
594ZN: Uses deemed to be permitted uses
Section 594ZN repealed 7 July 1993 section 362 Resource Management Act 1991
594ZO: Exclusion
Section 594ZO repealed 1 July 2003 section 266 Local Government Act 2002
594ZP: Prohibition on guarantees, etc
Section 594ZP repealed 1 July 2003 section 266 Local Government Act 2002
594ZPA: Restriction on lending to local authority trading enterprise
Section 594ZPA repealed 1 July 2003 section 266 Local Government Act 2002
34B: Transport-related enterprises and divestment of undertakings
Part 34B repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZQ: Interpretation
Section 594ZQ repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZR: Local authority not to conduct passenger transport operation
Section 594ZR repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZS: Directors of passenger transport companies, etc
Section 594ZS repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZT: Passenger transport companies incorporated before commencement of this Part
Section 594ZT repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZU: Regional council not to have interest in passenger transport undertaking or operation
Section 594ZU repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZUA: Unitary authority not to have interest in passenger transport undertaking or operation after 30 June 1992
Section 594ZUA repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZV: Divestment units
Section 594ZV repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZW: Function of divestment units
Section 594ZW repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZX: Divestment plan
Section 594ZX repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZY: Sale to territorial authorities
Section 594ZY repealed 1 July 1992 Local Government Amendment Act (No 2) 1992
594ZZ: Application of Local Government Official Information and Meetings Act 1987
Section 594ZZ repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZA: Determination and approval of regional council divestment plan
Section 594ZZA repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZB: Passenger transport interests, undertakings, and operations to be sold
Section 594ZZB repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZC: Duty to act in furtherance of objects of this Part
Section 594ZZC repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZD: Regional council not to enter into contracts
Section 594ZZD repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZE: Public availability of documents
Section 594ZZE repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZF: Financial assistance from
National Roads Section 594ZZF repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZG: Financial assistance to be identified
Section 594ZZG repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZH: Repayment of financial assistance
Section 594ZZH repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZI: Control of local authority powers in relation to passenger transport operations
Section 594ZZI repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZJ: Supply of information
Section 594ZZJ repealed 13 November 2003 section 90 Land Transport Management Act 2003
594ZZK: Uses deemed to be permitted uses
Section 594ZZK repealed 13 November 2003 section 90 Land Transport Management Act 2003
35: Public health and well-being
Part 35 repealed 1 July 2003 section 266 Local Government Act 2002
595: General powers of territorial authority with respect to public health and well-being
Section 595 repealed 1 July 2003 section 266 Local Government Act 2002
596: Particular powers of territorial authority with respect to public health and well-being
Section 596 repealed 1 July 2003 section 266 Local Government Act 2002
597: Medical practitioners' surgeries
Section 597 repealed 1 July 2003 section 266 Local Government Act 2002
36: Recreation and community development
Part 36 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
597A: Interpretation
Section 597A repealed 1 July 2003 section 266 Local Government Act 2002
598: Council may promote community welfare
Section 598 repealed 1 July 2003 section 266 Local Government Act 2002
599: Council may maintain public baths, swimming baths, and bath houses
Section 599 repealed 1 July 2003 section 266 Local Government Act 2002
600: Public baths, swimming baths, and bath houses to be subject to bylaws
Section 600 repealed 1 July 2003 section 266 Local Government Act 2002
601: Powers of council in relation to recreation and community development
Section 601 repealed 1 July 2003 section 266 Local Government Act 2002
601A: Powers of council in relation to historic land or buildings
Section 601A repealed 1 July 2003 section 266 Local Government Act 2002
602: Information services
Section 602 repealed 1 July 2003 section 266 Local Government Act 2002
603: Entertainments on Sunday, Good Friday, or Christmas Day
Section 603 repealed 1 July 2003 section 266 Local Government Act 2002 Community centres Heading repealed 1 July 2003 section 266 Local Government Act 2002
604: Interpretation
Section 604 repealed 1 July 2003 section 266 Local Government Act 2002
605: Council may provide or contribute towards establishment and maintenance of community centres
Section 605 repealed 1 July 2003 section 266 Local Government Act 2002
606: Community centre areas
Section 606 repealed 1 July 2003 section 266 Local Government Act 2002
607: Joint community centre area
Section 607 repealed 1 July 2003 section 266 Local Government Act 2002
608: Control and management of community centre
Section 608 repealed 1 July 2003 section 266 Local Government Act 2002
609: Finance
Section 609 repealed 1 July 2003 section 266 Local Government Act 2002
610: Electors may petition for and participate in poll relating to uniform fee for community centre
Section 610 repealed 1 July 2003 section 266 Local Government Act 2002
611: Charge on certain rateable property
Section 611 repealed 1 July 2003 section 266 Local Government Act 2002
612: Fee or charge in respect of dwelling units owned by Crown
Section 612 repealed 1 July 2003 section 266 Local Government Act 2002
613: Bylaws
Section 613 repealed 1 July 2003 section 266 Local Government Act 2002
614: Community centre area a defined part of district
Section 614 repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996
615: Powers conferred by other Acts not affected
Section 615 repealed 1 July 2003 section 266 Local Government Act 2002 Boat havens Heading repealed 1 July 2003 section 266 Local Government Act 2002
616: Construction or maintenance of boat haven
Section 616 repealed 1 July 2003 section 266 Local Government Act 2002 Local and regional reserves Heading repealed 2 July 2008 section 270 Local Government Act 2002
617: Council may borrow for improvement of public reserves managed and controlled by it
Section 617 repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996
618: Surplus money appropriated for any reserve may be expended on other reserves
Section 618 repealed 1 July 2003 section 266 Local Government Act 2002
619: Powers of
Wellington Regional Council Section 619 repealed 2 July 2008 section 270 Local Government Act 2002
619A: Auckland catchment land
Section 619A repealed 1 July 2003 section 266 Local Government Act 2002
619B: Auckland regional parks and reserves
Section 619B repealed 1 July 2003 section 266 Local Government Act 2002
619C: Wellington regional parks
Section 619C repealed 2 July 2008 section 270 Local Government Act 2002
619D: Management plans for regional parks
Section 619D repealed 2 July 2008 section 270 Local Government Act 2002
619E: Contents of management plans
Section 619E repealed 2 July 2008 section 270 Local Government Act 2002
619F: Public notice of preparation of first management plan
Section 619F repealed 2 July 2008 section 270 Local Government Act 2002
619G: Public notice of draft management plan
Section 619G repealed 2 July 2008 section 270 Local Government Act 2002
619H: Obligation to consider submissions and make amendments
Section 619H repealed 2 July 2008 section 270 Local Government Act 2002
619I: Review and change of management plans
Section 619I repealed 2 July 2008 section 270 Local Government Act 2002 Tree planting, gardens, and lawns Heading repealed 1 July 2003 section 266 Local Government Act 2002
620: Council may expend money for tree planting
Section 620 repealed 1 July 2003 section 266 Local Government Act 2002
621: Gardens and lawns
Section 621 repealed 1 July 2003 section 266 Local Government Act 2002
37: Buildings
Part 37 repealed 1 July 1992 Building Act 1991
622: Council defined
Section 622 repealed 1 July 1992 Building Act 1991 Dangerous, deserted and dilapidated buildings Heading repealed 1 July 1992 Building Act 1991
623: Powers of council with respect to dangerous, deserted, ruinous, and dilapidated buildings
Section 623 repealed 1 July 1992 Building Act 1991
624: Powers of council with respect to buildings likely to be dangerous in moderate earthquake
Section 624 repealed 1 July 1992 Building Act 1991
625: Appeal to High Court
Section 625 repealed 1 July 1992 Building Act 1991
626: Cost incurred to be a charge on land
Section 626 repealed 1 July 1992 Building Act 1991 Buildings for public meetings Heading repealed 1 July 1992 Building Act 1991
627: Interpretation
Section 627 repealed 1 July 1992 Building Act 1991
628: Buildings for public meetings, etc, to be licensed and inspected
Section 628 repealed 1 July 1992 Building Act 1991
629: Register of licensed buildings
Section 629 repealed 1 July 1992 Building Act 1991
630: Inspection of licensed buildings
Section 630 repealed 1 July 1992 Building Act 1991
631: Passages in and exits from licensed public buildings to be kept clear
Section 631 repealed 1 July 1992 Building Act 1991
632: Regulations for protection of public from danger from fire or other emergency in theatres, etc
Section 632 repealed 1 July 1992 Building Act 1991
633: Cancellation or suspension of licence
Section 633 repealed 1 July 1992 Building Act 1991
634: Penalty for using unlicensed building
Section 634 repealed 1 July 1992 Building Act 1991
635: Further provisions with respect to licensing of buildings for public meetings, etc
Section 635 repealed 1 July 1992 Building Act 1991 Apartment buildings and residential institutions Heading repealed 1 July 1992 Building Act 1991
636: Apartment buildings and residential institutions to be licensed
Section 636 repealed 1 July 1992 Building Act 1991
636A: Inspection of residential institution where disabled person resides
Section 636A repealed 1 July 1992 Building Act 1991 Fire prevention and safety in factories Heading repealed 1 July 1992 Building Act 1991
636B: Interpretation
Section 636B repealed 1 July 1992 Building Act 1991
636C: Application to the Crown
Section 636C repealed 1 July 1992 Building Act 1991
636D: Factories to have fire safety certificates
Section 636D repealed 1 July 1992 Building Act 1991
636E: Changes to factory premises, staffing, or activities after fire safety certificate issued
Section 636E repealed 1 July 1992 Building Act 1991
636F: Occupier of factory to maintain means of escape and fire alarm system
Section 636F repealed 1 July 1992 Building Act 1991
636G: Provision of fire-fighting equipment
Section 636G repealed 1 July 1992 Building Act 1991
636H: Powers of entry and inspection to ensure compliance with fire bylaws and requirements
Section 636H repealed 1 July 1992 Building Act 1991
636I: Objections against notices or requirements
Section 636I repealed 1 July 1992 Building Act 1991
636J: Appeals against notices or requirements
Section 636J repealed 1 July 1992 Building Act 1991
636K: Notices served by council to be suspended pending determination of appeal
Section 636K repealed 1 July 1992 Building Act 1991
636L: Offences
Section 636L repealed 1 July 1992 Building Act 1991
636M: Penalties
Section 636M repealed 1 July 1992 Building Act 1991
636N: Power to order contravention to be remedied
Section 636N repealed 1 July 1992 Building Act 1991
636O: Procedure relating to offences
Section 636O repealed 1 July 1992 Building Act 1991
636P: Fire safety certificates issued under Factories Act 1946 to continue in force
Section 636P repealed 1 July 1992 Building Act 1991 Preventing overcrowding Heading repealed 1 July 1992 Building Act 1991
637: Overcrowding of buildings
Section 637 repealed 1 July 1992 Building Act 1991
638: Illegal occupation of building
Section 638 repealed 1 July 1992 Building Act 1991
639: Removal of building illegally erected, etc
Section 639 repealed 1 July 1992 Building Act 1991 Miscellaneous provisions Heading repealed 1 July 1992 Building Act 1991
640: Design and construction of buildings to resist earthquake shocks
Section 640 repealed 1 July 1992 Building Act 1991
641: Refusal of building permit
Section 641 repealed 1 July 1992 Building Act 1991
641A: Power to issue building permit where land subject to erosion, subsidence, slippage, or inundation
Section 641A repealed 1 July 1992 Building Act 1991
641B: Giving of security
Section 641B repealed 1 July 1992 Building Act 1991
641C: Objections and appeals
Section 641C repealed 1 July 1992 Building Act 1991
641D: Notification to the Crown
Section 641D repealed 1 July 1992 Building Act 1991
642: Temporary buildings
Section 642 repealed 1 July 1992 Building Act 1991
643: Permit for erection of building on 2 or more allotments
Section 643 repealed 1 July 1992 Building Act 1991
644: Thermal insulation of new residential buildings
Section 644 repealed 1 July 1992 Building Act 1991
38: Urban renewal
Part 38 repealed 1 July 2003 section 266 Local Government Act 2002
644A: Interpretation
Section 644A repealed 1 July 2003 section 266 Local Government Act 2002
644B: Council may undertake urban renewal
Section 644B repealed 1 July 2003 section 266 Local Government Act 2002
644C: Notice of urban renewal to be given
Section 644C repealed 1 July 2003 section 266 Local Government Act 2002
644D: Provisions as to subdivisions and development to be complied with
Section 644D repealed 1 July 2003 section 266 Local Government Act 2002
644E: Advances by council to owners
Section 644E repealed 1 July 2003 section 266 Local Government Act 2002
644F: Acquisition of land by council where house unfit for habitation or area below minimum
Section 644F repealed 1 July 2003 section 266 Local Government Act 2002
39: Prevention of fires
Part 39 inserted 1 April 1980 section 2 Local Government Amendment Act 1979
645: Council defined
Section 645 repealed 1 July 2003 section 266 Local Government Act 2002
646: Fire prevention
Section 646 repealed 1 July 2003 section 266 Local Government Act 2002
647: Fire hydrants
1: In every part of the district in which there is a water supply provided under section 130 with the approval of Fire and Emergency New Zealand
2: Where a water supply is provided in the district or in any part of the district by any other local authority, the council may arrange with that local authority to fix fire hydrants in the main pipes, other than trunk mains, situated in the district or in that part, as the case may be.
3: Fire hydrants shall be fixed at such distances from each other as the council decides with the approval of Fire and Emergency New Zealand
4: The council shall put near each fire hydrant a conspicuous notice or a mark of a kind approved by Fire and Emergency New Zealand
5: In this section the term trunk main
6: Where the council is dissatisfied with any decision of Fire and Emergency New Zealand the District Court 1954 No 76 s 257; 1956 No 64 s 285; 1972 No 131 s 12; 1972 No 132 s 23 Section 647 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 647(1) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 647(1) amended 7 July 2004 section 20 Local Government Act 1974 Amendment Act 2004 Section 647(3) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 647(4) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 647(6) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 647(6) amended 1 March 2017 section 261 District Court Act 2016
648: Pipes to be kept charged with water
1: Except in case of unusual drought, or of accident, or of shortage from any cause of the water supply, or during necessary repairs, connections, or inspections, or in a case of a state of emergency declared under the Civil Defence Emergency Management Act 2002 section 647
2: Subject to the overall requirements of any controller while a state of emergency exists under the Civil Defence Emergency Management Act 2002 Section 648 replaced 1 December 2002 section 117 Civil Defence Emergency Management Act 2002
649: Council to make bylaws in respect of prevention of spread of fires involving vegetation
Section 649 repealed 1 July 2003 section 266 Local Government Act 2002
650: Removal of scrub, etc, likely to constitute a fire hazard
Section 650 repealed 1 July 2003 section 266 Local Government Act 2002
39A: Navigation
Part 39A repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650A: Councils may carry out harbour works
Section 650A repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650B: Appointment of harbourmasters, enforcement officers, and honorary officers
Section 650B repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650C: General powers of harbourmasters and enforcement officers
Section 650C repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650D: Harbourmaster may remove ships
Section 650D repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650E: Harbourmasters and others may regulate some navigation activities
Section 650E repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650F: Application of section 710 and other requirements
Section 650F repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650G: Offence
Section 650G repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650H: Freedom of passage for officers of Customs, etc
Section 650H repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650I: Crown harbours and facilities
Section 650I repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650J: Delegation or transfer of council's functions, duties, or powers under this Part
Section 650J repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013 Wreck Heading repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
650K: Removal of wreck
Section 650K repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
40: Miscellaneous powers
Part 40 repealed 1 July 2003 section 266 Local Government Act 2002
651: Council defined
Section 651 repealed 1 July 2003 section 266 Local Government Act 2002 Markets and weighing machines Heading repealed 1 July 2003 section 266 Local Government Act 2002
652: Council may provide market places
Section 652 repealed 1 July 2003 section 266 Local Government Act 2002
653: Council may fix market charges
Section 653 repealed 1 July 2003 section 266 Local Government Act 2002
654: Recovery of market charges
Section 654 repealed 1 July 2003 section 266 Local Government Act 2002
655: Council may provide public weighing machines
Section 655 repealed 1 July 2003 section 266 Local Government Act 2002 Harbour works and navigation Heading repealed 29 April 1999 section 6(2) Local Government Amendment Act (No 2) 1999
656: Powers of council with respect to harbour works to be exercised subject to Harbours Act 1950
Section 656 repealed 29 April 1999 section 6(2) Local Government Amendment Act (No 2) 1999 Telegraphs, telephones, and electric lines Heading repealed 1 July 2003 section 266 Local Government Act 2002
657: Telegraphs and telephones
Section 657 repealed 1 July 2003 section 266 Local Government Act 2002
658: Underground telephone and electric lines
Section 658 repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002
659: Council may sell coal, coke, and firewood
Section 659 repealed 1 July 2003 section 266 Local Government Act 2002
660: Road metal and lime
Section 660 repealed 1 July 2003 section 266 Local Government Act 2002
661: Stock dips
Section 661 repealed 1 July 2003 section 266 Local Government Act 2002
662: Stock paddocks
Section 662 repealed 1 July 2003 section 266 Local Government Act 2002
663: Council may install, light, and maintain public clocks
Section 663 repealed 1 July 2003 section 266 Local Government Act 2002
664: Council may contribute towards cemeteries and crematoria not vested in council
Section 664 repealed 1 July 2003 section 266 Local Government Act 2002
664A: Regional councils may contribute to works of constituent authorities
Section 664A repealed 1 July 2003 section 266 Local Government Act 2002
41: Functions and powers of district community councils and community councils
Part 41 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
665: Functions and powers of district community councils
Section 665 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
666: Delegated functions and powers of community councils
Section 666 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
667: Community council to be a committee of territorial authority
Section 667 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
668: Powers of territorial authority as to improvement and development works in communities
Section 668 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
669: Advances and grants for development works in communities
Section 669 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989
42: Private works
Part 42 repealed 1 July 2003 section 266 Local Government Act 2002
670: Order for execution of private works
Section 670 repealed 1 July 2003 section 266 Local Government Act 2002
671: Duties of occupier
Section 671 repealed 1 July 2003 section 266 Local Government Act 2002
672: Occupier may act if owner of premises makes default
Section 672 repealed 1 July 2003 section 266 Local Government Act 2002
673: Council may agree with owner to execute drainage and other works on private land
Section 673 repealed 1 July 2003 section 266 Local Government Act 2002
674: Advances by council to land owners to meet emergency expenditure
Section 674 repealed 1 July 2003 section 266 Local Government Act 2002
675: Grants and advances for conversion of domestic fires or installation of electric domestic heating
Section 675 repealed 1 July 2003 section 266 Local Government Act 2002
675A: Council may advance to owner of premises in clean air zone cost of installing electric domestic heating
Section 675A repealed 14 August 1986 section 13(1) Local Government Amendment Act (No 3) 1986
676: Council may execute works on default by owner or occupier
Section 676 repealed 1 July 2003 section 266 Local Government Act 2002
677: Recovery of cost of works by council
Section 677 repealed 1 July 2003 section 266 Local Government Act 2002
678: Amounts payable in respect of private land
Section 678 repealed 1 July 2003 section 266 Local Government Act 2002
43: Bylaws
Part 43 repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
679: This Part to be subject to Bylaws Act 1910
Section 679 repealed 1 July 2003 section 266 Local Government Act 2002
680: Application of Part 43
Section 680 repealed 1 July 2003 section 266 Local Government Act 2002
681: Procedure for making bylaws
Section 681 repealed 1 July 2003 section 266 Local Government Act 2002
682: General provisions as to bylaws
Section 682 repealed 1 July 2003 section 266 Local Government Act 2002
683: Penalty for breach of bylaws
Section 683 repealed 1 July 2003 section 266 Local Government Act 2002
684AA: Certain provisions of Local Government Act 2002 to apply to bylaws made under this Act
Section 684AA repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
684: Subject matter of bylaws
Section 684 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
684A: Effect of Building Act 1991 on bylaws
Section 684A repealed 1 July 2003 section 266 Local Government Act 2002 Navigation bylaws Heading repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
684B: Bylaws relating to navigation and related activities
Section 684B repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
684C: Navigation bylaws not to affect port operations
Section 684C repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
684D: No marine pollution charges
Section 684D repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
684E: General provisions relating to navigation bylaws
Section 684E repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
684F: Council must consult Director
Section 684F repealed 23 October 2013 section 85(2)﻿(a) Maritime Transport Amendment Act 2013
685: Licences to hawkers and pedlars
Section 685 repealed 1 July 2003 section 266 Local Government Act 2002
686: Bylaws as to billiard rooms, amusement galleries, and shooting galleries
Section 686 repealed 1 July 2003 section 266 Local Government Act 2002
687: Enforcement and administration of regional bylaws
Section 687 repealed 1 July 2003 section 266 Local Government Act 2002
688: Metric conversions of bylaws
Section 688 repealed 1 July 2003 section 266 Local Government Act 2002
689: Council to provide copies of bylaws
Section 689 repealed 1 July 2003 section 266 Local Government Act 2002
690: Power to join with other bodies to make bylaws
Section 690 repealed 1 July 2003 section 266 Local Government Act 2002
690A: Prescription of fees by bylaw or by resolution
Section 690A repealed 1 July 2003 section 266 Local Government Act 2002
691: Regulations applying to outlying islands not included in district of territorial authority
Section 691 repealed 1 July 2003 section 266 Local Government Act 2002
692: Removal of works executed contrary to bylaws
Section 692 repealed 1 July 2003 section 266 Local Government Act 2002
43A: Commissioner for Disaster Recovery
Part 43A repealed 1 July 2003 section 266 Local Government Act 2002
692A: Interpretation
Section 692A repealed 1 July 2003 section 266 Local Government Act 2002
692B: Commissioner for Disaster Recovery
Section 692B repealed 1 July 2003 section 266 Local Government Act 2002
692C: Deputy Commissioner for Disaster Recovery
Section 692C repealed 1 July 2003 section 266 Local Government Act 2002
692D: Functions of Commissioner
Section 692D repealed 1 July 2003 section 266 Local Government Act 2002
692E: Commissioner to exercise and perform powers, functions, and duties of local authority
Section 692E repealed 1 July 2003 section 266 Local Government Act 2002
692F: Powers, functions, and duties of Deputy Commissioner
Section 692F repealed 1 July 2003 section 266 Local Government Act 2002
692G: Commissioner and Deputy Commissioner not to be personally liable
Section 692G repealed 1 July 2003 section 266 Local Government Act 2002
692H: Local authority and members not to act while Commissioner in office
Section 692H repealed 1 July 2003 section 266 Local Government Act 2002
692I: Appointment and function of advisory committee
Section 692I repealed 1 July 2003 section 266 Local Government Act 2002
692J: Advances and guarantees of advances to Commissioner
Section 692J repealed 1 July 2003 section 266 Local Government Act 2002
692K: Remuneration and expenses
Section 692K repealed 1 July 2003 section 266 Local Government Act 2002
43B: Ministerial reviews of local authorities
Part 43B repealed 1 July 2003 section 266 Local Government Act 2002
692L: Interpretation
Section 692L repealed 1 July 2003 section 266 Local Government Act 2002
692M: Power of Minister to initiate review
Section 692M repealed 1 July 2003 section 266 Local Government Act 2002
692N: Requirement to consult
Section 692N repealed 1 July 2003 section 266 Local Government Act 2002
692O: Decision in relation to reviews
Section 692O repealed 1 July 2003 section 266 Local Government Act 2002
692P: Appointment of review authority
Section 692P repealed 1 July 2003 section 266 Local Government Act 2002
692Q: Notice of review to be published in
Gazette Section 692Q repealed 1 July 2003 section 266 Local Government Act 2002
692R: Remuneration
Section 692R repealed 1 July 2003 section 266 Local Government Act 2002
692S: Procedure
Section 692S repealed 1 July 2003 section 266 Local Government Act 2002
692T: Action on receipt of report
Section 692T repealed 1 July 2003 section 266 Local Government Act 2002
692U: Implementation of recommendations
Section 692U repealed 1 July 2003 section 266 Local Government Act 2002
692V: Minister may provide for implementation of recommendations
Section 692V repealed 1 July 2003 section 266 Local Government Act 2002
692W: Implementation of recommendations for appointment of commission
Section 692W repealed 1 July 2003 section 266 Local Government Act 2002
692X: Membership of commission
Section 692X repealed 1 July 2003 section 266 Local Government Act 2002
692Y: Powers of commission
Section 692Y repealed 1 July 2003 section 266 Local Government Act 2002
692Z: General provisions relating to commission
Section 692Z repealed 1 July 2003 section 266 Local Government Act 2002
692ZA: Members not to act while commission in office
Section 692ZA repealed 1 July 2003 section 266 Local Government Act 2002
692ZB: Publication of report
Section 692ZB repealed 1 July 2003 section 266 Local Government Act 2002
43C: Removal orders
Part 43C repealed 1 July 2003 section 266 Local Government Act 2002 Application for removal order Heading repealed 1 July 2003 section 266 Local Government Act 2002
692ZC: Interpretation
Section 692ZC repealed 1 July 2003 section 266 Local Government Act 2002
692ZD: Application for removal order
Section 692ZD repealed 1 July 2003 section 266 Local Government Act 2002
692ZE: Evidence of convictions
Section 692ZE repealed 1 July 2003 section 266 Local Government Act 2002
692ZF: Form of removal order
Section 692ZF repealed 1 July 2003 section 266 Local Government Act 2002 Objection to removal order Heading repealed 1 July 2003 section 266 Local Government Act 2002
692ZG: Notice of objection
Section 692ZG repealed 1 July 2003 section 266 Local Government Act 2002
692ZH: Vexatious objections
Section 692ZH repealed 1 July 2003 section 266 Local Government Act 2002
692ZI: Court may confirm, vary, or discharge order
Section 692ZI repealed 1 July 2003 section 266 Local Government Act 2002
692ZJ: Appeal to High Court final
Section 692ZJ repealed 1 July 2003 section 266 Local Government Act 2002 Compliance with removal order Heading repealed 1 July 2003 section 266 Local Government Act 2002
692ZK: Compliance with removal order
Section 692ZK repealed 1 July 2003 section 266 Local Government Act 2002
692ZL: No civil proceedings against person executing removal order
Section 692ZL repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002
692ZM: Relationship with Fencing Act 1978
Section 692ZM repealed 1 July 2003 section 266 Local Government Act 2002
692ZN: Rules of court
Section 692ZN repealed 1 July 2003 section 266 Local Government Act 2002
44: Offences and legal proceedings
Part 44 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Offences Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979
693: Obstruction of member or officer or agent of council
Section 693 repealed 1 July 2003 section 266 Local Government Act 2002
694: Wilful or negligent destruction of or damage to works or property
Section 694 repealed 1 July 2003 section 266 Local Government Act 2002
695: Recovery of amount of destruction, damage, etc, to works or property
Section 695 repealed 1 July 2003 section 266 Local Government Act 2002
695A: Removal of fences, structures, and vegetation
Section 695A repealed 1 May 1998 Local Government Amendment Act (No 3) 1997
696: Coat of Arms
Section 696 repealed 1 July 2003 section 266 Local Government Act 2002
697: Default in compliance with Act, or direction given pursuant to Act
Section 697 repealed 1 July 2003 section 266 Local Government Act 2002
698: General penalty
1: Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable on conviction
2: Where any order is made under this Act by any court directing the execution of any work or the doing of any act (other than the payment of a sum of money under a conviction, whether as a fine or otherwise) and no punishment for disobedience to the order is otherwise provided by this Act, every person disobeying the order commits an offence against this Act.
3: Where a person commits a continuing breach of any provision of this Act which is an offence to which this section applies, then, notwithstanding anything in any other Act, the District Court
4: An injunction may be granted under subsection (3),—
a: notwithstanding that proceedings for the offence constituted by the breach have not been taken; or
b: where the person is convicted of such an offence, either,—
i: in the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or
ii: in subsequent proceedings.
5: The continued existence of any work or thing in a state, or the intermittent repetition of any action, contrary to any provision of this Act shall be a continuing offence for the purposes of this section. 1954 No 76 s 377; 1956 No 64 s 392 Section 698 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 698(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 698(3) amended 1 March 2017 section 261 District Court Act 2016
699: Time for filing charging document
Despite anything to the contrary in section 25 Section 699 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
699A: Infringement offences relating to navigation bylaws
Section 699A repealed 23 October 2013 section 85(2)﻿(b) Maritime Transport Amendment Act 2013
699B: Commission of infringement offence
Section 699B repealed 23 October 2013 section 85(2)﻿(b) Maritime Transport Amendment Act 2013
699C: Infringement notices
Section 699C repealed 23 October 2013 section 85(2)﻿(b) Maritime Transport Amendment Act 2013
699D: Entitlement to infringement fees
Section 699D repealed 23 October 2013 section 85(2)﻿(b) Maritime Transport Amendment Act 2013 Legal proceedings Heading repealed 1 July 2003 section 266 Local Government Act 2002
700: Judges, District Court Judges, and Justices not disqualified as being ratepayers
Section 700 repealed 1 July 2003 section 266 Local Government Act 2002
701: Proceedings in
District Court Section 701 repealed 1 July 2003 section 266 Local Government Act 2002
702: Service of legal proceedings on council
Section 702 repealed 1 July 2003 section 266 Local Government Act 2002
703: Valuation roll to be evidence as to owner or occupier
Section 703 repealed 1 July 2003 section 266 Local Government Act 2002
704: Evidence that works or property vested in or under control of council
Section 704 repealed 1 July 2003 section 266 Local Government Act 2002
705: Recovery of debts
Section 705 repealed 1 July 2003 section 266 Local Government Act 2002
706: Members may be required to pay costs of proceedings in certain cases
Section 706 repealed 1 July 2003 section 266 Local Government Act 2002 Recovery of losses incurred by local authorities Heading repealed 1 July 2003 section 266 Local Government Act 2002
706A: Report by Auditor-General on loss incurred by local authority
Section 706A repealed 1 July 2003 section 266 Local Government Act 2002
706B: Local authority to respond to Auditor-General
Section 706B repealed 1 July 2003 section 266 Local Government Act 2002
706C: Members of local authority liable for loss
Section 706C repealed 1 July 2003 section 266 Local Government Act 2002 General provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002
707: Council may make compositions
Section 707 repealed 1 July 2003 section 266 Local Government Act 2002
44A: Special provisions applying to Auckland Regional Authority
Part 44A repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
707A: Application of provisions to Auckland Regional Council
Section 707A repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
707AA: Residual powers of Auckland Regional Council
Section 707AA repealed 1 July 2003 section 266 Local Government Act 2002
707B: Interpretation
Section 707B repealed 1 July 1992 section 67(1) Local Government Amendment Act 1992
707C: Membership of Auckland Regional Authority
Section 707C repealed 1 July 1992 section 67(1) Local Government Amendment Act 1992
707D: Auckland Regional Authority elections
Section 707D repealed 1 July 1992 section 67(1) Local Government Amendment Act 1992
707E: Extraordinary vacancies
Section 707E repealed 1 July 1992 section 67(1) Local Government Amendment Act 1992
707F: Compilation of electoral roll
Section 707F repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991
707G: Roll to be available for public inspection
Section 707G repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991
707H: Application for registration as a parliamentary elector
Section 707H repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991
707I: Completion of roll
Section 707I repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991
707J: Amendments to roll
Section 707J repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991
707K: When roll in force
Section 707K repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991
707L: Proof of roll
Section 707L repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991
707M: Roll for by-elections
Section 707M repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991
44B: Auckland Regional Services Trust
Part 44B repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707N: Interpretation
Section 707N repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998 Auckland Regional Services Trust Heading repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707O: Constitution of Trust
Section 707O repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707P: Establishment of Trust
Section 707P repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998 Transfer of specified assets and specified liabilities to Trust Heading repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707Q: Preparation of plan for vesting of specified assets and specified liabilities in Trust
Section 707Q repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707QA: Special provisions in relation to transfers of assets and liabilities to Watercare Services Limited and Regional Forests Limited
Section 707QA repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707QB: Prohibition on sale or other disposition of water services assets and shares in Watercare Services Limited
Section 707QB repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707R: Vesting of assets and liabilities in Trust
Section 707R repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707S: Certain matters not affected by transfer of specified assets or specified liabilities to Trust
Section 707S repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707T: Provisions relating to transfer of specified assets and specified liabilities to Trust
Section 707T repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707U: Transfer of regulatory powers not authorised
Section 707U repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707UA: Divestment of assets in transport-related enterprises to be subject to Part 34B
Section 707UA repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707V: Stamp duty exemption
Section 707V repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707W: Taxation
Section 707W repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707X: Taxes and duties
Section 707X repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707Y: Uses deemed to be permitted uses
Section 707Y repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707Z: Modification of provisions of Public Works Act 1981
Section 707Z repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZA: Obligation to lodge caveat
Section 707ZA repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZB: Exclusions
Section 707ZB repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZC: Reduction in functions, duties, and powers of Auckland Regional Council
Section 707ZC repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZD: Continuous service of transferred employees
Section 707ZD repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZE: Maintenance of conditions of employment
Section 707ZE repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZEA: Restrictions on compensation for redundancy
Section 707ZEA repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZF: Water services
Section 707ZF repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZG: Refusal disposal sites
Section 707ZG repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZH: Properties and funds acquired from Auckland Harbour Board
Section 707ZH repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZI: Special obligation of Trust in relation to carrying out of its work and functions
Section 707ZI repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998 Functions of Trust Heading repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZJ: Functions of Trust
Section 707ZJ repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZJA: Functions in relation to America's Cup
Section 707ZJA repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZJB: Management of assets
Section 707ZJB repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZJC: Obligation of Trust to report annually on assets owned by it
Section 707ZJC repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZJD: Power to dispose of assets
Section 707ZJD repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZJE: Effect of sections 707ZJA to 707ZJD
Section 707ZJE repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZK: Trust to be local authority for certain purposes
Section 707ZK repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998 Elections Heading repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZL: Election of members of Trust
Section 707ZL repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZM: First election of members
Section 707ZM repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998 Chief executive Heading repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZN: Special provision in respect of appointment by Auckland Regional Council of chief executive of Trust
Section 707ZN repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998 Accountability and accounting Heading repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZO: Conduct of affairs
Section 707ZO repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZP: Annual report to public concerning plans
Section 707ZP repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZQ: Annual report to public concerning performance
Section 707ZQ repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZR: Audit Office to be auditor
Section 707ZR repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998 Funding Heading repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZS: Funding
Section 707ZS repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZT: Establishment costs
Section 707ZT repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZU: Application of revenue
Section 707ZU repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZV: Rating for funding of Trust
Section 707ZV repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZVA: Power of Auckland Regional Council to rate in respect of retained liabilities
Section 707ZVA repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998 Community Trust Heading repealed 1 October 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZW: Establishment of Community Trust
Section 707ZW repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZX: Trustees
Section 707ZX repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZY: Disqualification from appointment
Section 707ZY repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZZ: Term of appointment
Section 707ZZ repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZZA: Purposes of Community Trust
Section 707ZZA repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZZB: Financial statements
Section 707ZZB repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZZC: Trustees to hold public meeting
Section 707ZZC repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZZD: Matters to be included in trust deed
Section 707ZZD repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZZE: Trust deed not to be inconsistent with provisions of this Act
Section 707ZZE repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998
707ZZF: Application of Trustee Act 1956
Section 707ZZF repealed 1 August 1998 section 6(1)﻿(c) Local Government Amendment Act 1998 Achievement of objects Heading repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
707ZZG: Duty to act in furtherance of this Part
Section 707ZZG repealed 1 October 1998 section 14(1)﻿(e) Local Government Amendment Act 1998
44C: Infrastructure Auckland
Part 44C repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
707ZZH: Commencement
Section 707ZZH repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZI: Interpretation
Section 707ZZI repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZJ: Constitution of Infrastructure Auckland
Section 707ZZJ repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZK: Principal function of Infrastructure Auckland
Section 707ZZK repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZL: Grants
Section 707ZZL repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZM: Special obligations of Infrastructure Auckland
Section 707ZZM repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZN: Additional special obligation of Infrastructure Auckland in respect of Ports of Auckland Limited
Section 707ZZN repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZO: Membership of Infrastructure Auckland
Section 707ZZO repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZP: Infrastructure Auckland to be local authority for certain purposes
Section 707ZZP repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZQ: Statement of corporate intent
Section 707ZZQ repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZR: Transport-related enterprises
Section 707ZZR repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZS: Electoral College
Section 707ZZS repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZT: Functions of Electoral College
Section 707ZZT repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZU: Appointment of members of Infrastructure Auckland
Section 707ZZU repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZV: Members of Electoral College
Section 707ZZV repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZW: Alternate members of Electoral College
Section 707ZZW repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZX: Chairperson of Electoral College
Section 707ZZX repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZY: Meetings of Electoral College
Section 707ZZY repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZ: Infrastructure Auckland deed
Section 707ZZZ repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZA: Contents of Infrastructure Auckland deed
Section 707ZZZA repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZB: Long-term funding plan
Section 707ZZZB repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZC: Proceedings of Infrastructure Auckland
Section 707ZZZC repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004 Accountability and accounting Heading repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZD: Conduct of affairs
Section 707ZZZD repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZE: Annual plan
Section 707ZZZE repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZF: Annual policy in relation to grants
Section 707ZZZF repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZG: Annual report
Section 707ZZZG repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZH: Exemption for listed companies
Section 707ZZZH repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004 America's Cup Heading repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZI: Functions in relation to America's Cup
Section 707ZZZI repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZJ: Obligation to report annually on assets
Section 707ZZZJ repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZK: Power to dispose of shares
Section 707ZZZK repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004 Dissolution of Auckland Regional Services Trust Heading repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZL: Dissolution of Auckland Regional Services Trust
Section 707ZZZL repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZLA: Transfer of money subject to trust
Section 707ZZZLA repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZM: Taxes and duties
Section 707ZZZM repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZN: Modification of provisions of Public Works Act 1981
Section 707ZZZN repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZO: Obligation to lodge caveat
Section 707ZZZO repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZP: Employees
Section 707ZZZP repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZQ: Final accounts of Auckland Regional Services Trust
Section 707ZZZQ repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZR: Vesting of shares in Watercare Services Limited
Section 707ZZZR repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
707ZZZS: Water services
Section 707ZZZS repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
707ZZZT: Auckland Regional Council allowed certain deductions for tax purposes
Section 707ZZZT repealed 1 April 2007 section 707ZZZU
707ZZZU: Expiry
Section 707ZZZU repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Dissolution of Regional Treasury Management Limited Heading repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZV: Dissolution of Regional Treasury Management Limited
Section 707ZZZV repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZW: Final accounts of Regional Treasury Management Limited
Section 707ZZZW repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZX: Taxes and duties
Section 707ZZZX repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004 Miscellaneous provisions Heading repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZY: Certain matters not affected by this Part
Section 707ZZZY repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZZ: Provisions relating to vesting of assets and liabilities in Infrastructure Auckland
Section 707ZZZZ repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZZA: Registers
Section 707ZZZZA repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004 Transitional provisions Heading repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZZB: Initial membership of Infrastructure Auckland
Section 707ZZZZB repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZZC: Membership of Infrastructure Auckland in period beginning on 1 July 1999 and ending with 31 December 1999
Section 707ZZZZC repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZZD: Membership of Infrastructure Auckland in period beginning on 1 January 2000 and ending with 30 June 2001
Section 707ZZZZD repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZZE: Power to resign
Section 707ZZZZE repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZZF: Extraordinary vacancies
Section 707ZZZZF repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
707ZZZZG: Chairperson of Infrastructure Auckland
Section 707ZZZZG repealed 1 July 2004 section 48(1)﻿(a) Local Government (Auckland) Amendment Act 2004
44D: Westport Harbour
Part 44D repealed 1 July 2003 section 266 Local Government Act 2002
707ZZZZH: Harbour assets vested in Buller District Council
Section 707ZZZZH repealed 1 July 2003 section 266 Local Government Act 2002
45: Miscellaneous provisions
Part 45 repealed 1 July 2003 section 266 Local Government Act 2002 Works on private land Heading repealed 1 July 2003 section 266 Local Government Act 2002
708: Works on private land
Section 708 repealed 1 July 2003 section 266 Local Government Act 2002
708A: Power of entry
Section 708A repealed 1 July 2003 section 266 Local Government Act 2002
709: Examination of appliances and equipment
Section 709 repealed 1 July 2003 section 266 Local Government Act 2002 Prohibition of vehicles and consumption or possession of liquor in public places Heading repealed 1 July 2003 section 266 Local Government Act 2002
709A: Prohibition of vehicles and consumption or possession of intoxicating liquor in public place
Section 709A repealed 1 July 2003 section 266 Local Government Act 2002
709B: Interpretation
Section 709B repealed 1 July 2003 section 266 Local Government Act 2002
709C: Further power to prohibit vehicles and liquor in public places
Section 709C repealed 1 July 2003 section 266 Local Government Act 2002
709D: Exceptions to prohibition for residents and their visitors
Section 709D repealed 1 July 2003 section 266 Local Government Act 2002
709E: Exceptions to prohibition for licensed premises
Section 709E repealed 1 July 2003 section 266 Local Government Act 2002
709F: Public notice
Section 709F repealed 1 July 2003 section 266 Local Government Act 2002
709G: Offences
Section 709G repealed 1 July 2003 section 266 Local Government Act 2002
709H: Powers of arrest, search, and seizure
Section 709H repealed 1 July 2003 section 266 Local Government Act 2002 General provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002
710: Authority to act
Section 710 repealed 1 July 2003 section 266 Local Government Act 2002
711: Penalty for acting without warrant
Section 711 repealed 1 July 2003 section 266 Local Government Act 2002
712: Resignations from office
Section 712 repealed 1 July 2003 section 266 Local Government Act 2002
713: Chairman compellable to give information
Section 713 repealed 1 July 2003 section 266 Local Government Act 2002
714: Delegation of Minister's or Secretary's powers
Section 714 repealed 1 July 2003 section 266 Local Government Act 2002
715: Delegation of powers by council
Section 715 repealed 1 July 2003 section 266 Local Government Act 2002
716: Delegation of powers by officers
Section 716 repealed 1 July 2003 section 266 Local Government Act 2002
716A: Special consultative procedure
Section 716A repealed 25 December 2002 section 267(a) Local Government Act 2002 Special orders Heading repealed 1 July 2003 section 266 Local Government Act 2002
716B: Special orders
Section 716B repealed 1 July 2003 section 266 Local Government Act 2002
716C: Evidence of special order
Section 716C repealed 1 July 2003 section 266 Local Government Act 2002
716D: Time within which proceedings to quash special order must be commenced
Section 716D repealed 1 July 2003 section 266 Local Government Act 2002
717: Application of provisions to Auckland Regional District
Section 717 repealed 18 June 1986 section 7 Local Government Amendment Act (No 2) 1986
718: Application of Act to County of Fiord
Section 718 repealed 14 January 1983 Local Government Amendment Act (No 2) 1982
719: In certain cases Governor-General may validate proceedings or may extend time for doing anything
Section 719 repealed 1 July 2003 section 266 Local Government Act 2002
720: Misnomer, etc, not to prevent operation of Act
Section 720 repealed 1 July 2003 section 266 Local Government Act 2002
721: Appointment of person to exercise powers and functions of council
Section 721 repealed 1 July 2003 section 266 Local Government Act 2002
722: Annual report
Section 722 repealed 1 July 1992 section 70 Local Government Amendment Act 1992
723: Regulations
Section 723 repealed 1 July 2003 section 266 Local Government Act 2002
724: Application of Act to Crown
Section 724 repealed 1 July 2003 section 266 Local Government Act 2002
725: Consequential amendments
Section 725 repealed 1 July 2003 section 266 Local Government Act 2002
726: Repeals, revocation, and savings
Section 726 repealed 1 July 2003 section 266 Local Government Act 2002