Local Government Act 1974 Amendment Act 2004

1: Title
1: This Act is the Local Government Act 1974 Amendment Act 2004.
2: In this Act, the Local Government Act 1974 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) local authority local authority section 5(1) of the Local Government Act 2002 .
2: Section 2(1) regional council regional council
a: has the same meaning as in section 5(1) of the Local Government Act 2002
b: includes, in Part 39A and sections 684B to 684F
3: Section 2(1) special consultative procedure special consultative procedure section 83 of the Local Government Act 2002 .
4: Section 2(1) special order
5: Section 2(1) territorial authority territorial authority section 5(1) of the Local Government Act 2002
4: Property in roads
Section 316 subsections (2) (3)
2: At the request of Transit New Zealand, a council may accept or relinquish its property, or any part of its property, in a State highway.
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.
5: New
section 319A The principal Act is amended by repealing section 319A
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.
6: Section 320 Section 320
7: Road gradients
1: Section 329(1)(b) special order made by resolution of
2: Section 329(1)(c) special order resolution of the council
8: Erection of monuments, etc, and provision of facilities on or under roads
Section 334(1) to which a special order under section 336 of this Act that has been declared a pedestrian mall under section 336
9: New
section 336 The principal Act is amended by repealing section 336
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)
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)
6: Subsections (2)(b) and (3) to (5) 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)
9: For the purposes of subsection (1) section 83(1)(e) of the Local Government Act 2002 subsection (3)
10: In this section,— parking road vehicle section 2(1) of the Land Transport Act 1998
10: Council may grant right to lay petroleum conduit pipes along or under road
Section 338(1) , pursuant to a special order,
11: Disposal of land not required for road
Section 345(1)(a) , pursuant to a special order,
12: Declaration and revocation of limited access roads
Section 346A from time to time, by special order,
13: Council may declare private road or right of way to be public road
1: Section 349(1) , by special order,
2: Section 349(3)
14: Establishment or abolition of toll gates at bridges, tunnels, and ferries
Section 361(1)(a) special order using the special consultative procedure
15: Council may cover in watercourse so as to make it a public drain
Section 446 subsections (5) to (9)
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)
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 a District Court for an order under subsection (8) subsection (5)(d) and 10 subsection (6)
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.
9: Despite subsections (5) to (8)
16: New
sections 504 to 505C The principal Act is amended by repealing sections 504 505
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 and 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)
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.
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
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.
505C: Relevant area for polls and petitions
In sections 504 to 505B
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.
17: Subdivision of areas
Section 506 , by special order,
18: Revocation of special orders constituting drainage areas and water-race areas
1: The heading to section 517ZJ special orders resolutions
2: Section 517ZJ(1)(a) special order resolution
3: Section 517ZJ(2) by special order
19: Power of territorial authority to reconstitute land drainage or water-race areas
Section 517ZM(1) by special order,
20: Fire hydrants
Section 647(1) Part 23 of this Act section 130 of the Local Government Act 2002
21: Consequential amendment to
Health Act 1956 Section 25(5)(b) Health Act 1956 make a special order under section 27 of this Act raise a loan under section 27(2)
22: Consequential amendments to
Public Bodies Leases Act 1969
1: Section 23C(1) Public Bodies Leases Act 1969 , pursuant to a special order,
2: Section 24(1) Public Bodies Leases Act 1969 or as to the making of a special order