Local Government Official Information and Meetings Amendment Act 2023

1: Title
This Act is the Local Government Official Information and Meetings Amendment Act 2023.
2: Commencement
1: Part 1
a: on a date set by Order in Council; but
b: on 1 July 2025
2: Part 2
3: An Order in Council made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
3: Principal Act
This Act amends the Local Government Official Information and Meetings Act 1987 2025-07-01 Local Government Official Information and Meetings Act 1987 Part 1 (see s 2(1)); can be brought into force earlier by OiC 2023-07-27 Local Government Official Information and Meetings Act 1987 Part 2 only
1: Amendments relating to land information memoranda
4: Section 2 amended (Interpretation)
In section 2(1) climate change natural hazard regional council regulations territorial authority
5: Section 4 amended (Purposes)
After section 4(c)
d: to provide for the issue of land information memoranda.
6: Cross-heading above section 44A replaced
Replace the cross-heading above section 44A
6A: Land information memoranda
7: Section 44A amended (Land information memorandum)
Replace section 44A(2)﻿(a)
a: the information about natural hazards that is required by section 44B
aa: information about other special features or characteristics of the land concerned, including information about the likely presence of hazardous contaminants, that—
i: is known to the territorial authority; but
ii: is not apparent from a district plan under the Resource Management Act 1991:
8: New sections 44B to 44D inserted
After section 44A
44B: Natural hazard information to be included in land information memoranda
1: The purpose of this section is to ensure that land information memoranda contain understandable information about the following in relation to land:
a: natural hazards:
b: impacts of climate change that exacerbate natural hazards.
2: A land information memorandum must include—
a: information that identifies the following, to the extent that the information is known to the territorial authority:
i: each natural hazard, and each impact of climate change that exacerbates natural hazards, that affects the land concerned:
ii: each potential natural hazard, and each potential impact of climate change that exacerbates natural hazards, to the extent that the territorial authority is satisfied that there is a reasonable possibility that the hazard or impact may affect the land concerned (whether now or in the future):
iii: the cumulative or combined effects of the hazards and impacts referred to in subparagraphs (i) and (ii)
b: any further information required by the regulations to make the information provided under paragraph (a)
3: The information must be summarised and presented in the land information memorandum in the form required by the regulations (if any).
44C: Regional council must provide territorial authority with natural hazard information
1: A regional council must, as soon as is reasonably practicable in the circumstances, provide to a territorial authority within or partly within its region—
a: information that identifies the following, to the extent that the information is known to the regional council:
i: each natural hazard, and each impact of climate change that exacerbates natural hazards, that affects land in the territorial authority’s district:
ii: each potential natural hazard, and each potential impact of climate change that exacerbates natural hazards, to the extent that the regional council is satisfied that there is a reasonable possibility that the hazard or impact may affect land in the territorial authority’s district (whether now or in the future):
iii: the cumulative or combined effects of the hazards and impacts referred to in subparagraphs (i) and (ii)
b: any further information required by the regulations to make the information provided under paragraph (a)
2: The information must be summarised and presented in the form required by the regulations (if any).
44D: Territorial authority and regional council protected against certain actions when providing information in good faith
A territorial authority or regional council is not liable in civil or criminal proceedings for making available in good faith,—
a: in the case of a territorial authority, information in a land information memorandum under section 44A(2)﻿(a)
b: in the case of a regional council, information to a territorial authority under section 44C
9: Section 55 amended (Regulations)
After section 55(1)
1A: The Minister must not recommend that regulations be made for the purposes of Part 6A
a: each regional council and territorial authority that the Minister considers may be affected by the proposed regulations; and
b: the persons and organisations that the Minister considers appropriate to consult.
1B: However, the Minister is not required to consult the entities set out in subsection (1A)﻿(a)
10: Schedule 1 amended
In Schedule 1, Part 1 within the meaning of the Local Government Act 2002
2: Amendments relating to official information
11: Section 6 amended (Conclusive reasons for withholding official information)
1: In section 6
2: Before section 6(c)
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by—
i: the Government of another country or an agency of that Government; or
ii: any international organisation (as defined in section 2(1) of the Official Information Act 1982); or
3: In section 6 1982 No 156 s 6(a)–(d)
12: Section 7 amended (Other reasons for withholding official information)
In section 7(2)﻿(f)﻿(i) , or any persons to whom section 2(5) applies,
13: Section 31 replaced (Disclosure of certain information not to be recommended)
Replace section 31
31: Disclosure of certain information not to be recommended
1: An Ombudsman must not recommend that information be made available if—
a: the Prime Minister certifies that making the information available would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: the Attorney-General certifies that making the information available would be likely to prejudice the prevention, investigation, or detection of offences.
2: However, the Ombudsman may recommend that the appropriate local authority give further consideration to making the information available. 1982 No 156 s 31