Local Government Amendment Act 1992

1: Short Title and commencement
1: This Act may be cited as the Local Government Amendment Act 1992, and shall be read together with and deemed part of the Local Government Act 1974
2: Except as provided in sections 8(3) 9(2) 10(2) 11(2) 58(10) 68(2) 71(2) 76(2) 79(2) 81 89(10) 109(2)
1: Amendments to principal Act
2: Section 2(6) repealed 28 July 1997 2(2) Local Government Amendment Act 1997
3: Section 3 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
4: Section 4 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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6: Section 6 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
7: Section 7 repealed 1 July 2003 266 Local Government Act 2002 by omitting so much as relates to the Finance Act (No 2) 1941 See sections 273 to 314
8: Section 8 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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10: Section 10 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
11: Sections 11 to 13 repealed 1 July 2001 152(1) Local Electoral Act 2001 See sections 153 to 157 See clause 2 Local Electoral Act Commencement Order 2001
12: Sections 11 to 13 repealed 1 July 2001 152(1) Local Electoral Act 2001 See sections 153 to 157 See clause 2 Local Electoral Act Commencement Order 2001
13: Sections 11 to 13 repealed 1 July 2001 152(1) Local Electoral Act 2001 See sections 153 to 157 See clause 2 Local Electoral Act Commencement Order 2001
14: Section 14 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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24: Section 24 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
25: This section, which amended section 223E repealed 27 July 1996 4(2)(b) Local Government Amendment Act (No 3) 1996
26: Section 26 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
27: Section 27 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
28: Section 28 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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30: Section 30 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
31: Section 31 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
32: Documents of abolished local authorities
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2: Section 27 Local Government Amendment Act (No 2) 1989
33: Repeal of Part 19A
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2: Section 12 of the Local Government Amendment Act 1983
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37: Repeal of Part 22
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2: The following enactments are hereby consequentially repealed:
a: Sections 17 and 18 of the Local Government Amendment Act (No 2) 1981
b: So much of Part 1 Local Government Amendment Act 1985 sections 366 367
c: Sections 19, 20, and 21 of the Local Government Amendment Act 1988
d: Section 32 Local Government Amendment Act (No 2) 1989
38: Section 38 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
39: Section 39 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
40: Section 40 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
41: Section 41 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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43: Section 43 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
44: Section 44 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
45: Section 45 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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47: Section 47 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
48: Section 48 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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51: Interpretation
Section 51 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
52: Repeal
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2: Section 32 Local Government Amendment Act 1985
53: Section 53 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
54: Section 54 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
55: Section 55 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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57: Section 57 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
58: New Zealand Local Government Association Limited
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10: Subsections (1) to (4) repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 Subsection (5) repealed 28 June 2006 6 Local Local Government Act 1974 Amendment Act 2006 Subsection (6)(b) repealed 1 April 2000 7 Children's Health Camps Board Dissolution Act 1999 Subsection (6)(c) repealed 1 July 1996 80 Dog Control Act 1996 Subsections (6) to (10) repealed 28 June 2006 6 Local Local Government Act 1974 Amendment Act 2006
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60: Section 60 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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62: Section 62 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
63: Section 63 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
64: Section 64 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
65: Section 65 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
66: Section 66 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
67: New sections substituted
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2: Section 67(2) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
68: Section 68 repealed 1 July 2003 266 Local Government Act 2002
69: Section 69 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
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71: Section 71 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
72: Repeal of Schedule 1A
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2: The following enactments are hereby consequentially repealed:
a: Section 17 Local Government Amendment Act 1985
b: Section 19(6) Aotea Centre Empowering Act 1985
73: Section 73 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
74: Section 74 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
75: Section 75 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
76: Section 76 repealed 1 October 1998 14(1)(f) Local Government Amendment Act 1998
77: Auckland Centennial Memorial Park
Section 77 repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
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79: Section 79 repealed 1 October 1998 11(3) Local Government Amendment Act 1998 Amendments to Canterbury Provincial Buildings Vesting Act 1928
80: Canterbury Provincial Buildings Vesting Act 1928
1: All the functions, duties, and powers of the Canterbury Regional Council under the Canterbury Provincial Buildings Vesting Act 1928
2: The land described in the Schedules to the Canterbury Provincial Buildings Vesting Act 1928
3: The District Land Registrar of the Land Registration District of Canterbury shall take all steps, and make all entries in the registers, necessary to give effect to subsection (2)
4: Section 7 Canterbury Provincial Buildings Vesting Act 1928 subsections (1) (1A) section 2(1) of the Canterbury Provincial Buildings Vesting Amendment Act 1988
5: Section 2(1) of the Canterbury Provincial Buildings Vesting Amendment Act 1988
6: Nothing in this section prevents the Canterbury Regional Council delegating to the Christchurch City Council, before the 1st day of July 1993, all of the functions, duties, and powers of the Canterbury Regional Council under the Canterbury Provincial Buildings Vesting Act 1928 Amendments to Summit Road (Canterbury) Protection Act 1963
81: Commencement
This section and sections 82 to 86 Schedule 6
82: New sections substituted
The Summit Road (Canterbury) Protection Act 1963 sections 2 to 4
2: Interpretation
1: In this Act, unless the context otherwise requires,— Appeal Board Environment Court section 247 of the Resource Management Act 1991 Authority section 2A of this Act Contributory local bodies First Schedule Quarrying Structure
a: Any building or other structure for the erection, repair, modification, or extension of which a permit is required from a City Council or District Council:
b: Any hoarding or other structure for the display of an advertisement:
c: Any pole or mast:
d: Any building or other structure proposed to be erected, repaired, modified, or extended by the Crown in respect of which a permit from a City Council or District Council would be required if the erection, repair, modification, or extension were to be carried out otherwise than by the Crown.
2: Where this Act requires anything to be publicly notified or refers to public notification or public notice, the subject-matter shall be published in the Gazette
2A: Summit Road Protection Authority
1: There shall be a Summit Road Protection Authority, which shall consist of—
a: One member appointed by the Christchurch City Council:
b: One member appointed by the Banks Peninsula District Council:
c: One member appointed by the Selwyn District Council.
2: The Authority shall be deemed to be a joint committee of the Councils named in the First Schedule to this Act section 114S of the Local Government Act 1974
3: All functions, duties, and powers of the Canterbury Regional Council under this Act shall, on the 1st day of July 1993, become functions, duties, and powers of the Summit Road Protection Authority.
3: Advisory committee
The Authority shall, for the better administration of the provisions of this Act, appoint an advisory committee, which shall include—
a: One or more members to represent contributory local bodies; and
b: One or more members to represent the owners of land in the area to which this Act applies; and
c: One member appointed on the nomination of the Minister of Conservation; and
d: One member appointed on the nomination of the Summit Road Society (Incorporated).
4: Area to which Act applies
1: This Act applies to all those pieces of land in the City of Christchurch and the Banks Peninsula and Selwyn Districts delineated on the plans numbered SO 10134 and 10135, deposited in the office of the Chief Surveyor at Christchurch and thereon coloured red, blue, or yellow.
2: The powers conferred upon the Authority by this Act may be exercised in respect of all or any part of the said pieces of land.
83: Authority to be local authority
Section 5 of the Summit Road (Canterbury) Protection Act 1963 Town and Country Planning Act 1953 Resource Management Act 1991
84: Appeals
Section 19 of the Summit Road (Canterbury) Protection Act 1963 under the Town and Country Planning Act 1953 under the Resource Management Act 1991
85: New
Schedules 1 and 2 The Summit Road (Canterbury) Protection Act 1963 Schedules 1 and 2 Schedules 1 and 2 Schedule 6
86: Repeals
The following enactments are hereby repealed:
a: Section 5 of the Summit Road (Canterbury) Protection Act 1963
b: Section 2 of the Summit Road (Canterbury) Protection Amendment Act 1968
c: Sections 2 and 3 of the Summit Road (Canterbury) Protection Amendment Act 1973
d: Sections 2, 3, 6, and 7 of the Summit Road (Canterbury) Protection Amendment Act 1974
87: Saving
Nothing in sections 81 to 86 Summit Road (Canterbury) Protection Act 1963
88: Transitional provisions and savings
89: Regional roads and motorways in Auckland
Section 89 repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
90: Forestry in Manawatu-Wanganui region
1: The assets and liabilities of the commercial forestry operation known as the Joint Wanganui District Councils Forestry Committee Local Authority Percentage Share Wanganui District Council 86.54 Manawatu-Wanganui Regional Council 7.80 South Taranaki District Council 1.07 Rangitikei District Council 2.20 Ruapehu District Council 2.39.
2: The Joint Wanganui District Councils Forestry Committee is declared to be and to have always been a duly constituted joint committee.
3: Any action taken or decision made by the Joint Wanganui District Councils Forestry Committee or any of the local authorities named in subsection (1)
4: Subject to subsection (6) Joint Wanganui District Councils Forestry Committee
5: The shares, and any related assets, of the Manawatu-Wanganui Regional Council transferred under subsection (4)
6: Nothing in this Act prevents the sale, before the close of the 30th day of June 1993, of the Manawatu-Wanganui Regional Council's shares in the forestry operation known as the Joint Wanganui District Councils Forestry Committee
91: Compensation to be paid to Manawatu-Wanganui Regional Council
1: The territorial authorities to which the shares and any related assets of the Manawatu-Wanganui Regional Council in the forestry operation known as the Joint Wanganui District Councils Forestry Committee section 90(4)
2: The amount of the compensation payable by the territorial authorities to which the shares and any selected assets are transferred—
a: Shall be determined by agreement between the Manawatu-Wanganui Regional Council and those territorial authorities; and
b: Shall be payable in the proportions determined in accordance with section 90(5)
3: If no agreement is reached under subsection (2)(a) section 92
92: Appointment of assessors and arbitrator
1: The assessors shall be two independent persons, one of whom shall be appointed as an assessor by the Manawatu-Wanganui Regional Council and the other of whom shall be appointed as an assessor by the territorial authorities referred to in section 91(1)
2: The assessors shall, within 7 days after their appointment as such, appoint a third person to act as arbitrator between the assessors.
93: Functions of assessors
1: The assessors shall, not later than the 31st day of May 1993,—
a: Determine the amount of the compensation payable under section 91
b: Report to the affected local authorities, after making such enquiries as the assessors consider appropriate.
2: Any matters on which the assessors cannot agree shall be referred from time to time to the arbitrator for decision and that decision shall form part of the assessors' determination.
3: The determination of the assessors shall be final and shall have the same force as if it were an agreement between the regional council and the territorial authorities.
4: Every person having the possession or custody of any relevant books, papers, accounts, or documents shall allow the assessors and the arbitrator to have access thereto for the purpose of the assessment or arbitration.
94: Stamp duty exemption
No stamp duty shall be payable under the Stamp and Cheque Duties Act 1971 section 90(4)
95: Application of Income Tax Act 1976 and Goods and Services Tax Act 1985
1: Nothing in section 67 or section 129 of the Income Tax Act 1976 section 90(4)
2: For the purposes of sections 67 and 129 of the Income Tax Act 1976 section 90(4)
3: Nothing in section 111 of the Income Tax Act 1976 section 90(4)
4: For the purposes of the Goods and Services Tax Act 1985 section 90(4)
96: Transfer of functions, assets, and liabilities
1: In addition to any other provisions in this Act relating to the transfer of any function, asset, or liability to a territorial authority, every regional council shall, not later than the 30th day of June 1993, transfer to the appropriate territorial authority every function, asset, or liability not related to—
a: The performance by the regional council of its functions under the principal Act or any other Act; or
b: Shares or equity securities in a port company; or
c: Assets and liabilities of former harbour boards.
2: In each region, the regional council and the affected territorial authorities shall, not later than the 31st day of December 1992, reach agreement as to the apportionment and transfer of all functions, assets, and liabilities.
3: Where the regional council and the affected territorial authorities have not reached agreement by the close of the 31st day of December 1992, the regional council shall apply to the Local Government Commission for a determination under section 97
4: All functions, assets, and liabilities to be transferred in accordance with subsection (1)
5: Notwithstanding anything in subsection (1) Harbour Boards Dry Land Endowment Revesting Act 1991
97: Power of Local Government Commission to apportion functions, assets, and liabilities
1: Where any regional council refers any matter to the Local Government Commission under section 96(3)
2: The determination shall direct the manner in which the functions, assets, and liabilities are to be apportioned between the affected territorial authorities.
3: For the purposes of a determination under this section, the Commission—
a: Shall consult with the Audit Office and with the authorities directly affected; and
b: May make such enquiries as it thinks fit; and
c: May obtain advice from any other person, who in the opinion of the Commission, has expert knowledge concerning any aspect of the matter to be decided.
4: In the exercise of its powers under this section, the Commission may identify the functions, assets, and liabilities to be transferred, which functions, assets, and liabilities shall include all amounts and items that ought properly to be treated as being of the same character irrespective of how they may be described in the accounts or records of the regional council.
5: Every determination of the Commission under this section may be enforced as if it were an agreement between the regional council and the territorial authorities.
98: Apportionment of loan liabilities
1: Where any part of a function of a regional council is transferred to a territorial authority then, notwithstanding anything to the contrary in the Local Authorities Loans Act 1956
2: If no agreement is reached under subsection (1) section 97 section 99
99: Appointment of assessors and arbitrator
1: Two independent persons shall be appointed as assessors, one by the regional council and one by the territorial authority or territorial authorities jointly to, or among which, the loan liabilities are to be apportioned.
2: The assessors shall, within 7 days after their appointment as such, appoint a third person to act as arbitrator between the assessors.
100: Functions of assessors
1: The assessors shall, not later than the 31st day of May 1993,—
a: Determine how the unresolved loan liabilities are to be apportioned; and
b: Report to the affected local authorities, after making such enquiries as the assessors consider appropriate.
2: Any matters on which the assessors cannot agree shall be referred from time to time to the arbitrator for decision and that decision shall form part of the assessors' determination.
3: The determination of the assessors shall be final and shall have the same force as if it were an agreement between the regional council and the affected territorial authorities.
4: Every person having the possession or custody of any relevant books, papers, accounts, or documents shall allow the assessors and the arbitrator to have access thereto for the purpose of the assessment or arbitration.
101: Power to effect transfer of functions, assets, and liabilities by Order in Council
Where any function, asset, or liability to be transferred under section 96
102: Transfer of responsibilities
1: Where a function, asset, or liability of a regional council is transferred under this Part of this Act to a territorial authority, that territorial authority shall have and may exercise and shall be responsible, in relation to that function, asset, or liability, for—
a: All the powers, duties, acts of authority, and functions; and
b: All liabilities, obligations, engagements, and contracts; and
c: All actions, suits, and proceedings, (pending by or against) the regional council,— which were previously exercised or could have been exercised by the regional council in respect of that function, asset, or liability.
2: Where a function, asset, or liability of a regional council is transferred under this Part of this Act to a territorial authority, that territorial authority shall succeed to all rates, levies, and money payable for or in respect of that function, asset, or liability.
103: Continued responsibility
Notwithstanding anything in section 37S
104: Obligation to achieve objectives of this Act
Every local authority shall at all times do everything in its power to achieve the objectives of this Act, and for that purpose, but without limitation, shall do everything in its power—
a: To facilitate the transfer of any function, asset, or liability from a regional council to a territorial authority; and
b: To assist in the transfer or redeployment of any staff associated with the transfer of any function, asset, or liability.
105: Certain matters not affected by transfer of functions, duties, or powers
Nothing effected or authorised by section 89 90 96 98 section 101
a: Shall be regarded as placing any local authority, or any other person, in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
b: Shall 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: Shall be regarded as placing any local authority 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: Shall release any surety wholly or in part from any obligation; or
e: Shall invalidate or discharge any contract or security. 1974 No 66 37HA 1988 No 109 s 10
106: Registers
1: No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged, solely by reason of section 90(1) section 97 section 101
2: The presentation to any registrar or other person of any instrument, whether or not comprising an instrument of transfer by the transferee,—
a: Executed or purporting to be executed by the transferee; and
b: Relating to any property held by the transferor; and
c: Containing a recital that the property has become vested in the transferee by virtue of section 90(1) section 97 section 101 shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the transferee.
3: Except as provided in this section, nothing in this Act shall derogate from the provisions of the Land Transfer Act 1952 1974 No 66 37HB 1988 No 109 s 10
107: Membership and constituencies of regional councils
Section 107 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 Validation
108: Validation of differential rating
1: This section shall apply to any rate that was—
a: Made and levied or purported to be made and levied by a territorial authority in the year ended with the 30th day of June 1991, or in the year ended with the 30th day of June 1992, or in both those years; and
b: Made and levied or purported to be made and levied, on a differential basis in accordance with any special order that—
i: Was made under section 80 or section 85 of the Rating Powers Act 1988
ii: Was in force immediately before the 1st day of November 1989; and
iii: Had not, at the time the rate was made and levied, been revoked under section 87 of the Rating Powers Act 1988
c: Was not, at 12 noon on the 1st day of May 1992, the subject of legal proceedings before any court.
2: Any rate to which subsection (1) subsection (1)(b)
3: For the avoidance of doubt, nothing in subsection (2)
a: Made and levied by a territorial authority, after the 1st day of November 1989, on a uniform basis over any district or part of a district; or
b: Made and levied by a territorial authority, after the 1st day of November 1989, on a differential basis over any district or part of a district in accordance with a special order under section 80 or section 85 of the Rating Powers Act 1988 notwithstanding that all or part of the area over which that rate was made and levied was subject to a special order to which subsection (1)(b) section 87 of the Rating Powers Act 1988
2: Establishment of unitary authorities in Nelson-Marlborough region
109: Commencement
1: Subject to subsection (2)
2: Section 118 121 to 137
110: Constitution of regions
1: There is hereby constituted a region, to be known as The Nelson Region
2: There is hereby constituted a region, to be known as The Marlborough Region
3: There is hereby constituted a region, to be known as The Tasman Region
4: The seaward boundary of the regions named in subsections (1) to (3) section 37O
111: Unitary authorities
The Nelson City Council, the Marlborough District Council, and the Tasman District Council shall each have the functions, duties, and powers of both a regional council and a territorial authority.
112: Dissolution of Nelson-Marlborough Regional Council
The Nelson-Marlborough Regional Council is hereby dissolved.
113: Abolition of Nelson-Marlborough Region
The Nelson-Marlborough Region is hereby abolished.
114: Transfer of functions, duties, and powers
The functions, duties, and powers of the former Nelson-Marlborough Regional Council under the Local Government Act 1974
a: The Nelson City Council, the Marlborough District Council, and the Tasman District Council where those functions, duties, and powers apply to any or all of the districts of those territorial authorities; and
b: The Canterbury Regional Council where those functions, duties, and powers apply to the Kaikoura District.
115: Kaikoura District
The Kaikoura District (as delineated on SO Plan 14455 deposited with the Chief Surveyor of the Marlborough Land District) is included in the Canterbury Region.
116: Alteration of boundary of West Coast Region
That area of the Tasman District within the West Coast Region (as delineated by SO Plan 11466 deposited with the Chief Surveyor of the Westland Land District) is excluded from the West Coast Region.
117: Alteration of boundary of Canterbury Region
That area of the Hurunui District within the former Nelson-Marlborough Region (as delineated on SO Plan 18052 deposited with the Chief Surveyor of the Canterbury Land District) is included in the Canterbury Region.
118: Changes to boundaries
1: Where, as a result of any provisions in this Part of this Act, any change is made to the boundaries of any district or region, the Secretary for Local Government shall arrange for a new description of those boundaries to be prepared and notified in the Gazette
2: Notwithstanding anything in section 110(4)
119: Residual authority
1: The residual authority for the Nelson-Marlborough Regional Council shall be the Marlborough District Council.
2: The residual authority shall be responsible for—
a: The preparation of the annual report for the former Nelson-Marlborough Regional Council (as required by section 223E
b: The documents (as defined in section 248
3: In the period beginning with the 1st day of July 1992 and ending with the closing of the accounts of the former Nelson-Marlborough Regional Council, the residual authority may, to the extent and on the terms and conditions agreed with any other authority or authorities affected, supervise and manage the keeping of those accounts on behalf of the other authority or authorities, and for that purpose may—
a: Receive and make payments of any money; and
b: Levy and collect rates; and
c: Carry out such other acts as may be agreed with any other authority or authorities affected.
4: The residual authority shall hold in trust any assets and liabilities of the former Nelson-Marlborough Regional Council not transferred to another local authority by the close of the 30th day of June 1992 and shall administer those assets and liabilities for the benefit of the following local authorities, namely,—
a: The Canterbury Regional Council:
b: The Nelson City Council:
c: The Marlborough District Council:
d: The Tasman District Council.
5: The residual authority shall become the employer of any staff of the Nelson-Marlborough Regional Council not transferred to another local authority by the close of the 30th day of June 1992.
6: Nothing in this section shall be construed as imposing any liability on the Marlborough District Council in addition to that which would accompany the transfer to the Marlborough District Council of any function, duty, power, asset, or liability.
120: Liability for redundancy and other costs
Notwithstanding section 119(5) section 121(1) Transitional committee
121: Establishment of transitional committee
1: The local authorities named in subsection (2)
2: The local authorities to which subsection (1)
a: The Nelson-Marlborough Regional Council:
b: The Canterbury Regional Council:
c: The Nelson City Council:
d: The Tasman District Council:
e: The Marlborough District Council:
f: The Kaikoura District Council.
3: The transitional committee established pursuant to subsection (1) section 114S
122: Purposes of transitional committee
The purposes of the transitional committee shall be—
a: To facilitate the transfer of staff; and
b: To determine expeditiously the apportionment of the assets and liabilities of the Nelson-Marlborough Regional Council.
123: Membership of transitional committee
1: Subject to subsection (2)
a: Two members appointed by each of the authorities named in paragraphs (c) to (e)
b: One member appointed by each of the authorities named in paragraphs (a) (b) (f)
c: Notwithstanding section 114R(5) section 121(2)
2: The members of the transitional committee appointed by the Nelson-Marlborough Regional Council shall vacate office with the close of the 30th day of June 1992.
124: No casting vote
The chairperson of the transitional committee for the Nelson-Marlborough Region or other person presiding at any meeting of that committee shall not have a casting vote in the case of equality of votes.
125: Exclusion of non-voting member
The transitional committee for the Nelson-Marlborough Region may resolve to exclude any non-voting member of that committee from any meeting or part of a meeting where it proposes to consider any matter that affects that member personally.
126: Extraordinary vacancies
1: If any member of a transitional committee dies, or resigns, or is removed from office or ceases to hold any qualification necessary for his or her appointment to office as a member of the transitional committee, his or her office shall become vacant and shall be deemed to be an extraordinary vacancy.
2: Every extraordinary vacancy shall be filled in the manner in which the appointment to the vacant office was originally made.
3: The powers of the transitional committee shall not be affected by any vacancy in its membership.
127: Powers of transitional committee
1: Subject to section 132
a: To decide on—
i: The process for determining the number of positions available for transferring staff with the Nelson City Council, the Marlborough District Council, the Tasman District Council, and the Canterbury Regional Council; and
ii: The method for determining which staff are to be transferred to those Councils; and
iii: The method of transferring staff to those Councils; and
b: To decide on the apportionment of assets and liabilities between the Nelson City Council, the Marlborough District Council, the Tasman District Council, and the Canterbury Regional Council.
2: Subject to section 132 subsection (1)
128: Continuous service of transferred employees
1: The contract of employment of every person, being a person who is an employee of the Nelson-Marlborough Regional Council and who is transferred to a territorial authority or the Canterbury Regional Council in accordance with a decision of the transitional committee, shall for the purposes of every enactment, and every law, contract, and agreement relating to the employment of that person, be deemed not to have been broken by that person's change of employer, and the period of service with the regional council by which the person was employed before he or she became an employee of the territorial authority or the Canterbury Regional Council shall be deemed to have been a period of service with the territorial authority or the Canterbury Regional Council.
2: No person to whom subsection (1)
129: Maintenance of conditions of employment
The terms and conditions of employment of any employee of the Nelson-Marlborough Regional Council who is transferred to a territorial authority or the Canterbury Regional Council in accordance with a process or method determined under section 127(1)(a)
130: Requirement to consult
The transitional committee shall consult the West Coast Regional Council on any matter relating to the abolition of the Nelson-Marlborough Regional Council that affects the West Coast Region.
131: Powers and duties of councils in relation to transitional committee
The council of each local authority affected by the abolition of the Nelson-Marlborough Regional Council—
a: May refer to the transitional committee any matters for consideration or inquiry; and
b: Shall assist the transitional committee to exercise its powers by providing the transitional committee with such relevant information held by the council as the transitional committee may request.
132: Rights to object to Local Government Commission against decision
1: Two or more members of the transitional committee, being members appointed by different local authorities, may, within 5 working days after the making by a transitional committee of a decision under section 127
2: Every notice under subsection (1)
a: Shall specify—
i: The decision to which the objection relates; and
ii: The grounds of the objection, which grounds shall be specified with such reasonable particularity as to give full advice to the Local Government Commission of the issues involved; and
b: May be accompanied by copies of any relevant documents.
3: The Local Government Commission shall, after conducting such an investigation and consultation (if any) as it considers desirable, issue, within 2 months after the date on which the notice of objection is lodged with the Local Government Commission but not later than the 31st day of March 1993, a written determination upholding or dismissing the objection and that determination shall be final.
4: A decision in respect of which an objection is lodged under subsection (1)
133: Administrative services
The Marlborough District Council shall be responsible for providing administrative services to the transitional committee.
134: Costs of transitional committee
1: The costs of the transitional committee (including the costs of providing administrative services to it) shall be borne and paid for by the local authorities named in section 121
a: In accordance with a formula agreed to by the committee; or
b: If there is no such agreed formula, in accordance with the following formula:
i: The proportion of those costs to be borne and paid for by the Nelson City Council, the Tasman District Council, and the Marlborough District Council shall equal the proportion that the rates levied in Nelson City, the Tasman District, and the Marlborough District in the year ending with the 30th day of June 1992 respectively bear to the combined rates levied in all the districts of the former Nelson-Marlborough Region and that part of the Tasman District within the West Coast Region; and
ii: The proportion of those costs to be borne and paid for by the Canterbury Regional Council shall equal the proportion that the rates levied in the Kaikoura District in the year ending with the 30th day of June 1992 bear to the combined rates levied in all the districts of the former Nelson-Marlborough Region and that part of the Tasman District within the West Coast Region.
2: In this section, rates
a: In relation to the Nelson-Marlborough Regional Council, the general rate levied by that Council for the year ending with the 30th day of June 1992; and
b: In relation to the West Coast Regional Council, the general rate levied by that Council for the year ending with the 30th day of June 1992.
135: Deputies of members
1: The local authority by which any member of a transitional committee is appointed may from time to time by resolution appoint any other person to act as the deputy of that member at any meeting of the transitional committee or any subcommittee of the transitional committee.
2: The deputy of any member of a transitional committee shall have authority to act as a member in the event of the absence of the member from any meeting of the transitional committee or any subcommittee of the transitional committee.
3: Every such deputy shall hold office during the pleasure of the body by which the deputy was appointed.
4: No act done by any deputy appointed under this section in that capacity, and no act done by the transitional committee while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.
136: Discharge of transitional committee
The transitional committee, unless sooner discharged, shall be deemed to be discharged as from the close of the 31st day of December 1992.
137: Protection of persons acting in relation to transitional matters
1: A person who does any act, whether before or after the commencement of this section, in pursuance or intended pursuance of any of the provisions of this Part of this Act, shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless that person has acted in bad faith or without reasonable care.
2: No proceedings, civil or criminal, shall be brought against any person in any court in respect of any such act except by leave of a Judge of the High Court and such leave shall not be granted unless the Judge is satisfied that a reasonable question arises as to whether the person against whom it is sought to bring proceedings has acted in bad faith or without reasonable care.
3: Notice of any application under subsection (2)
4: Leave to bring such a proceeding shall not be granted unless application for such leave is made within 12 months after the act complained of, or, in the case of a continuance of injury or damage, within 12 months after the ceasing of the injury or damage.
5: In granting leave to bring any such proceeding as aforesaid, the Judge may limit the time within which such leave may be exercised. Miscellaneous provisions
138: Nassella Tussock District
1: The Kaikoura District shall be excluded from the Nelson-Marlborough Nassella Tussock District of the former Nelson-Marlborough Regional Council.
2: The Marlborough District Council shall have the functions, duties, and powers of a Nassella Tussock Board under Part 2 of the Noxious Plants Act 1978
3: The area specified in subsection (2) Part 2 of the Noxious Plants Act 1978
139: Abolition of joint committee
The joint committee established by clause 19 of the Local Government (Canterbury Region) Reorganisation Order 1989 and comprising the Canterbury Regional Council and the Nelson-Marlborough Regional Council is hereby abolished.
140: Constitution of pest destruction districts
1: The area comprising Nelson City (as constituted by clause 36 of the Local Government (Nelson-Marlborough Region) Reorganisation Order 1989) is hereby constituted as a pest destruction district to be known as the Nelson City Pest Destruction District.
2: The area comprising the Marlborough District (as constituted by clause 75 of the Local Government (Nelson-Marlborough Region) Reorganisation Order 1989) is hereby constituted as a pest destruction district to be known as the Marlborough District Pest Destruction District.
3: The area comprising the Tasman District (as constituted by clause 52 of the Local Government (Nelson-Marlborough Region) Reorganisation Order 1989) is hereby constituted as a pest destruction district to be known as the Tasman District Pest Destruction District.
141: Marlborough Forestry Corporation
As from the commencement of the 1st day of July 1992, the Nelson-Marlborough Regional Council shall cease to be a constituent authority of the Marlborough Forestry Corporation (as provided for by clause 130(a) of the Local Government (Nelson-Marlborough Region) Reorganisation Order 1989).
142: Nelson City harbour responsibilities
The Nelson City Council shall have the functions, duties, and powers of a harbour board under the Harbours Act 1950 Marine Pollution Act 1974 section 3 of the Harbours Act 1950
143: Marlborough District harbour responsibilities
The Marlborough District Council shall have the functions, duties, and powers of a harbour board under the Harbours Act 1950 Marine Pollution Act 1974
a: Admiralty Bay Harbour (as defined in the Gazette
b: Croiselles Harbour (as so defined); and
c: D'Urville Island (as so defined); and
d: Pelorus Harbour (as so defined); and
e: Port Gore Harbour (as so defined); and
f: Queen Charlotte Harbour (as defined in the Gazette
g: Wairau Harbour (as so defined).
144: Kaikoura Harbour
Responsibility for the Kaikoura Harbour, as defined in the Gazette
145: Tasman District harbour responsibilities
The Tasman District Council shall have the functions, duties, and powers of a harbour board under the Harbours Act 1950 Marine Pollution Act 1974 section 3 of the Harbours Act 1950
146: Power of Marlborough District Council to make and levy works and services rate in administrative rating area
Section 146 repealed 8 September 1999 Marlborough County Council Empowering Act Repeal Act 1999 See section 3 of that Act
147: Membership of Marlborough District Council
1: Notwithstanding anything in Part 4A
2: The Marlborough District Council shall be divided into five wards as follows:
a: The Pelorus-Northern Marlborough Sounds Ward, comprising the area delineated on SO Plan No 7025, deposited with the Chief Surveyor of the Marlborough Land District:
b: The Picton Ward, comprising the area delineated on SO Plan No 7024, deposited with the Chief Surveyor of the Marlborough Land District:
c: The Awatere Ward, comprising the area delineated on SO Plan No 14472, deposited with the Chief Surveyor of the Nelson Land District:
d: The Wairau Ward, comprising the area delineated on SO Plan No 14471, deposited with the Chief Surveyor of the Nelson Land District:
e: The Blenheim Ward, comprising the area delineated on SO Plan No 14486, deposited with the Chief Surveyor of the Nelson Land District.
3: The Marlborough District Council shall comprise a Mayor and 13 members of whom—
a: Two members shall be elected by the electors of the Pelorus-Northern Marlborough Sounds Ward; and
b: Two members shall be elected by the electors of the Picton Ward; and
c: One member shall be elected by the electors of the Awatere Ward; and
d: Three members shall be elected by the electors of the Wairau Ward; and
e: Five members shall be elected by the electors of the Blenheim Ward.
148: Review of wards and membership
1: For the avoidance of doubt, it is hereby declared that the wards and membership of the Marlborough District Council, as determined by section 147 sections 101H to 101K
2: Nothing in this section limits, after the 10th day of October 1992, the application to the Marlborough District Council of sections 101H to 101K
149: Application of provisions of principal Act
Sections 37ZZX 37ZZY 2 3 Part 2B
150: Revocations
1: The Local Government (Nelson-Marlborough Region) Reorganisation Order 1989 is hereby amended by revoking—
a: Clauses 4 and 5; and
b: Part II.
2: The Local Government (Nelson-Marlborough Region) Reorganisation Amendment Order 1990 is hereby amended by revoking clauses 2 to 5.
3: The Agricultural Pests Destruction (Nelson-Marlborough Region) Pest Destruction District Order 1990 is hereby revoked.
4: The Agricultural Pests Destruction (Pests of Local Importance in Nelson-Marlborough Region) Order 1990 is hereby revoked.