Local Government Act 2002 Amendment Act 2004

1: Title
1: This Act is the Local Government Act 2002 Amendment Act 2004.
2: In this Act, the Local Government Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Meaning of council-controlled organisation and council organisation
1: Section 6(1) of the principal Act is amended by omitting from paragraph (b) council-controlled organisation organisation entity
2: Section 6(1) of the principal Act is amended by omitting from paragraph (a)(ii) council organisation organisation company
3: Section 6(1) of the principal Act is amended by omitting from paragraph (b) council organisation organisation entity
4: Section 6(2) organisation entity
5: Section 6(4) paragraph (c)
ca: a company in which a port company (within the meaning of the Port Companies Act 1988
4: Statements of intent for council-controlled organisations
Section 64(2) (3)
5: Performance monitoring
1: Section 65(1)(b) the desired results (if applicable)
2: Section 65(2) statement of intent of a council-controlled organisation
3: Section 65(2)(a) a council-controlled organisation's the
6: Annual report
Section 67(3)
7: New
section 71A The principal Act is amended by inserting, after section 71
71A: Application of Part to listed companies
1: This section applies to a council-controlled organisation if the shares of any of the following are listed on a stock exchange:
a: the-council-controlled organisation:
b: a holding company of the council-controlled organisation:
c: controlling companies of the council-controlled organisation.
2: If subsection (1)
a: have a statement of intent under section 64
b: deliver a half-yearly report under section 66
c: deliver an annual report under section 67
3: In this section,— controlling companies holding company section 5 of the Companies Act 1993
8: New
section 72 The principal Act is amended by repealing section 72
72: Application of Act to related companies
Sections 57 to 71 section 2(3) and (4) of the Companies Act 1993
9: Compliance with procedures in relation to decisions
Section 79
3: The nature and circumstances of a decision referred to in subsection (2)(c) Resource Management Act 1991
4: Subsection (3)
10: New
section 83A The principal Act is amended by inserting, after section 83
83A: Combined or concurrent consultation
1: Where this Act or any other enactment requires a local authority to use or adopt the special consultative procedure in relation to any decision or matter, it may (but is not required to) carry out the consultation at the same time as, or combined with, any other special consultative procedure that it is required to carry out under this or any other enactment.
2: This section—
a: applies except to the extent that this Act or any other enactment expressly provides otherwise; and
b: is for the avoidance of doubt.
11: Use of special consultative procedure in relation to annual plan
Section 85(2)(c) that is required by section 89 under section 89
12: Long-term council community plan
Section 93(9) subsection (4) subsection (8)
13: New heading substituted
The principal Act is amended by repealing the heading above section 137 Joint local government arrangements and joint arrangements with other entities .
14: Partnerships and joint ventures
1: Section 137 Joint local government arrangements and joint arrangements with other entities
2: Section 137 subsection (1)
1: In this section,— joint arrangement joint local government arrangement
3: Section 137(2)(b) (3) joint venture joint local government arrangement
4: Section 137(2)(a) (3) (4) partnership joint arrangement
5: Section 137(3)(c) to its policy on partnerships adopted under section 102(4)(e) (where relevant) to its policy under section 102(4)(e)
15: Special requirements for bylaws relating to trade wastes
Section 148
7: The requirements on a territorial authority under this section are in addition to the requirements on the territorial authority under section 156
16: Special consultative procedure must be used except in certain cases
Section 156(2)(a) editorial changes or amendments to clarify meaning
17: Conditions relating to power of search
Section 170(1)(b) liquor container
18: Construction of works on private land
Section 181(1) paragraph (a)
a: the supply by territorial authorities of water by means of reticulated systems: .
19: Power to restrict water supply
Section 193(1) paragraph (b)
ba: fails to comply with any bylaw of the local government organisation that relates to water, water pipes, water-works, water races, or water supply to his or her land or building; or .
20: Offences relating to water races
Section 228 paragraphs (b) (c)
b: without being authorised to be supplied with water from a water race, takes water from the supply provided to another person; or
c: is supplied with water from a water race and—
i: supplies that water to another person who is not authorised to be supplied with water from a water race; or
ii: permits another person who is not authorised to be supplied with water from a water race to take water from the water race; or .
21: Offence of failing to comply with Act
Section 238
4: In this section direction section 169(2)(d)
22: Long-term council community plan
Section 279
5: Subsections (3) and (4) subsection (1)
23: New
section 289A The principal Act is amended by inserting, after section 289
289A: Special orders on or after 1 July 2003
1: This section applies—
a: to any power that a local authority is required to exercise by special order under the Local Government Act 1974
b: to an exercise of the power on or after 1 July 2003, and before the commencement of the Local Government Act 1974 Amendment Act 2004
2: A power is to be treated as having been exercised lawfully, and as having always been exercised lawfully, if subsection (3) or subsection (4)
3: This subsection is complied with if—
a: the power has been exercised in accordance with the special order procedure in the Local Government Act 1974 Local Government Act 2002
b: the decision to exercise the power was made in accordance with sections 76 to 83 of the Local Government Act 2002
4: This subsection is complied with if—
a: the power has been exercised in accordance with the special consultative procedure in the Local Government Act 2002
b: the decision to exercise the power was made in accordance with sections 76 to 83 of the Local Government Act 2002
24: Schedule 3 Clause 57(3) sections 31 to 33 sections 44 to 46
25: Schedule 6 Clause 5(l)(b) ordinary
26: Schedule 7
1: Clause 5(1)(d) ordinary meetings meetings (other than extraordinary meetings)
2: Schedule 7 clause 10
10: Levy regulations for Remuneration Authority costs
1: The Governor-General may, by Order in Council (made on the recommendation of the Minister), make regulations prescribing the method by which the Minister responsible for the Remuneration Authority may levy local authorities an annual amount for the purpose of recovering the costs in the previous financial year of the Remuneration Authority, in making determinations under clause 6
2: Regulations made under subclause (1)
a: must specify—
i: the date by which the Minister responsible for the Remuneration Authority must set the levy; and
ii: the basis on which the amount of the levy is to be calculated for each local authority; and
iii: when the levy must be paid; and
iv: how the levy is to be notified and collected; and
b: may provide for—
i: the deduction of over-recoveries for a financial year from a levy payable in subsequent financial years; and
ii: the addition of under-recoveries for a financial year to a levy payable in a subsequent year.
10A: Minister responsible for Remuneration Authority to set levy
1: The Minister responsible for the Remuneration Authority may, in each financial year, set a levy on local authorities in accordance with any regulations made under clause 10
2: The levy comes into effect on the 28th day after the date on which the Minister responsible for the Remuneration Authority notifies in the Gazette
a: his or her intention to set the levy; and
b: the amount of levy payable by each local authority.
3: The Minister responsible for the Remuneration Authority must notify the Minister of the information required under subclause (2)
4: A local authority must pay a levy set under this clause; and any amount of unpaid levy is recoverable in a court of competent jurisdiction by the Crown as a debt due.
3: Clause 19(4) ordinary
4: Clause 19(5) an ordinary a
5: Clause 19(6) ordinary
6: Clause 21(5)(d) ordinary
7: Schedule 7 clause 24
24: Voting
1: The acts of a local authority must be done, and the questions before the local authority must be decided, at a meeting by—
a: vote; and
b: the majority of members that are present and voting.
2: For the purposes of subsection (1)
a: has a deliberative vote; and
b: in the case of an equality of votes, does not have a casting vote (and therefore the act or question is defeated and the status quo is preserved).
3: An act or question coming before the local authority must be done or decided by open voting.
4: Subsections (1) and (2)
a: this Act provides otherwise; or
b: the standing orders of the local authority expressly provide otherwise.
8: Clause 25 subclauses (2) (3)
2: If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:—
a: the voting system in subclause (3) system A
b: the voting system in subclause (4) system B
3: System A—
a: requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and
b: has the following characteristics:—
i: there is a first round of voting for all candidates; and
ii: if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and
iii: if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and
iv: in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.
4: System B—
a: requires that a person is elected or appointed if he or she receives more votes than any other candidate; and
b: has the following characteristics:
i: there is only 1 round of voting; and
ii: if 2 or more candidates tie for the most votes, the tie is resolved by lot.
9: Clause 26(6)
a: the word are is
b: the words deputy chairperson mayor or chairperson
10: Clause 30(8) (subject to the law applicable to the committees of that other local authority or public body)
11: Clause 30 subclauses (9) (10)
9: This Part applies to a joint committee except that—
a: the powers to discharge any individual member and appoint another in his or her stead must be exercised by the local authority or public body that made the appointment; and
b: the quorum at a meeting consists of—
i: half of the members if the number of members (including vacancies) is even; or
ii: a majority of members if the number of members (including vacancies) is odd; and
c: the committee may appoint and remove its own chairperson or deputy chairperson.
10: For the purposes of a public body that is not a local authority, subclauses (8) and (9)
12: Clause 32(1)(g)
13: Clause 32(3) that makes the original
14: Schedule 7 clause 32
32A: Delegation of power to issue warrants to enforcement officers
1: A local authority may delegate to a committee or member or officer of the local authority the power to issue warrants to enforcement officers.
2: A delegation under subclause (1)
a: limit or restrict the exercise of the power; or
b: impose conditions on the exercise of the power; or
c: prohibit, in specified circumstances, the exercise of the power.
3: The local authority must determine the matters in subclause (2) subclause (1)
4: Clause 32(2) to (8)
32B: Delegation of powers by officer
1: An officer of a local authority may delegate to any other officer of the local authority 1 or more of his or her powers under this Act or any other enactment except—
a: the power to delegate under this section; or
b: any power delegated to the officer under clause 32
c: any power under an enactment where the enactment expressly prohibits the delegation of the power.
2: An officer acting under subclause (1)
3: An officer to whom any responsibilities, powers, or duties are delegated may, without confirmation by the officer that made the delegation, exercise or perform them in the like manner and with the same effect as if the officer who made the delegation could himself or herself have exercised or performed them.
4: To avoid doubt, no delegation relieves the officer of the liability or legal responsibility to perform or ensure performance of any function or duty.
27: Schedule 10
1: Clause 4 in which the local authority is a shareholder
2: Clause 16 in which the local authority is a shareholder
28: Schedule 15
1: Clause 17(1)(b) on the chairperson or on on the mayor, chairperson, or
2: Clause 17(2)
3: Clause 17(4) make, levy, and recover rates and charges within the district set, assess, and collect rates and charges within the district or region
4: Clause 24(4)
5: Clause 24(5) made the special order, special resolution, or used the special consultative procedure or made a
6: Clause 24(6) make, levy, and recover rates, charges, and assessments within the district and any out-district and to expend the proceeds of the rates, charges, and assessments set, assess, and collect rates and charges within the district or region and expend the proceeds of the rates and charges
29: Schedule 16
1: Schedule 16 Land Transfer Act 1952
2: Schedule 16 Reserves Act 1977 Repeal the second proviso to section 92(2)
30: Consequential amendment to
Summary Proceedings Act 1957 Part 2 Summary Proceedings Act 1957 Local Government Act 1974 Local Government Act 2002 232(2) Wilful or malicious destruction, damage, stopping, obstruction, or interference with works or property vested in, or under the control of, a local authority
31: Consequential amendments to
District Courts Rules 1992 The District Courts Rules 1992