Local Government (Auckland Transitional Provisions) Act 2010

1: Title
This Act is the Local Government (Auckland Transitional Provisions) Act 2010.
2: Commencement
1: Parts 1 3 section 113(2)
2: Section 113(2)
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of this Act
1: The purpose of this Act Local Government (Tamaki Makaurau Reorganisation) Act 2009 Local Government (Auckland Council) Act 2009
2: To this end, this Act
a: provides transitional arrangements for the operation of the Auckland Council and other local authorities affected by the reorganisation; and
b: provides transitional arrangements in relation to employees affected by the reorganisation, the continuation of collective agreements, and collective bargaining in advance of the reorganisation; and
c: amends and repeals certain enactments ; and
d: provides a process for the development of the first combined planning document for Auckland Council under the Resource Management Act 1991 Section 3(2)﻿(c) amended 4 September 2013 section 4(1) Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 3(2)﻿(d) inserted 4 September 2013 section 4(2) Local Government (Auckland Transitional Provisions) Amendment Act 2013
4: Application of Legislation Act 2012
Section 4 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
5: Transitional regulations
1:
2: Subsection (1)
3: Any regulations made under subsection (1)
4:
5: The Minister for the Environment must not recommend the making of regulations under subsection (4) unless he or she is satisfied that the regulations—
a: are necessary or desirable for the efficient and orderly development of the first Auckland combined plan; and
b: address unforeseen situations or unforeseen issues arising in the preparation of that plan; and
c: are consistent with the purposes of this Act.
6: In addition, the Minister for the Environment must not recommend the making of regulations under subsection (4) unless he or she has first consulted the Auckland Council and the Hearings Panel (if it exists then) on the proposed regulations.
7: Subsection (4) is repealed at the close of the following, and any regulations made under that subsection that are in force at that time are revoked and have no further legal effect:
a: 1 July 2017, if no extension to the deadline referred to in section 146 section 147
b: 1 July 2018, if 1 or more extensions to the deadline referred to in section 146 section 147 2013-11-01 Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) expired 1 November 2013 section 5(2) Section 5(2) amended 4 September 2013 section 5(2) Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 5(3) amended 4 September 2013 section 5(3) Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 5(4) repealed the close of 1 July 2017 section 5(7)﻿(a) Section 5(5) inserted 4 September 2013 section 5(4) Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 5(6) inserted 4 September 2013 section 5(4) Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 5(7) inserted 4 September 2013 section 5(4) Local Government (Auckland Transitional Provisions) Amendment Act 2013
1: Savings, transitional provisions, and related matters (except employment)
1: Preliminary matters
6: Overview of this Part
1: Subpart 2 Local Government (Auckland Council) Act 2009
2: Subpart 3 subpart 2
3: This section is only a guide to the general scheme and effect of this Part. It does not affect the interpretation or application of the other provisions of the Part.
7: Interpretation
1: In this Part, unless the context requires another meaning,— Auckland section 4(1) Auckland Council Council section 4(1) Auckland Transport section 38 boundary adjustment Order
a: made under section 35
b: giving effect to the Local Government Commission's determination of the boundaries of Auckland in accordance with section 33
c: published in the Gazette existing local authority
a: means the following local authorities that were dissolved on 1 November 2010 by the Reorganisation Act: the Auckland Regional Council, the Auckland City Council, the Franklin District Council, the Manukau City Council, the North Shore City Council, the Papakura District Council, the Rodney District Council, and the Waitakere City Council; but
b: excludes the assets, liabilities, rights, obligations, and other matters of the Franklin District Council transferred to the Hauraki District Council or the Waikato District Council under the boundary adjustment Order local board section 4(1) Minister receiving entity section 5(1) reorganisation section 3(1) Reorganisation Act Local Government (Tamaki Makaurau Reorganisation) Act 2009 terminating organisation section 5(1) Transition Agency section 10
2: Unless the context requires another meaning, terms and expressions used and not defined in this Part, but defined in the Local Government Act 2002 Local Government (Rating) Act 2002
8: Relationship between this Part and other enactments
If there is any inconsistency between this Part and any Acts referred to in this Part, or any regulations made by or under those Acts, this Part prevails.
2: Savings and transitional provisions relating to Auckland Council and its subsidiaries
Council governance and framework
9: Prohibition on reorganisation proposals affecting Auckland until after October 2013 triennial general elections
1: No person (including the Minister or the Auckland Council) may make a reorganisation proposal or reorganisation application section 24(1) section 13A
2: Subsection (1) applies despite subpart 2 of Part 3 Schedule 3 Section 9(1) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
10: October 2013 triennial general elections to be conducted using First Past the Post
The October 2013 triennial general elections for the Auckland Council must be held using the electoral system commonly known as First Past the Post (as defined in section 5(1) First steps for board established by Part 7 of Local Government (Auckland Council) Act 2009
11: First steps for board established by Part 7 of Local Government (Auckland Council) Act 2009
1: The clauses referred to in this section are in Schedule 2
2: The board referred to in this section is the board established by Part 7
3: The initial members of the board, appointed in accordance with section 53
4: The board must appoint a member to act as chairperson and a member to act as deputy chairperson at its first meeting.
5: The members of the board must receive remuneration commensurate with that of a specialist adviser to the Auckland Council until the Council decides on the fee payable to the members of the board under clause 17
6: The first funding agreement must be made under clause 20 Moratorium on sale of certain Council property
12: Moratorium on sale of certain Council property
1: The Auckland Council is prohibited from selling, transferring, or otherwise disposing of any of the following property before the end of the moratorium:
a: shareholdings in any company; and
b: land or buildings currently used or designated for service delivery purposes; and
c: any other land or buildings with a current rating valuation of $250,000 or more.
2: Despite subsection (1), the Council may sell, transfer, or otherwise dispose of property referred to in that subsection during the moratorium if—
a: the disposal of the property is a transfer—
i: from the Council to one of its council-controlled organisations or a subsidiary of one of its council-controlled organisations; or
ii: from a council-controlled organisation of the Council or a subsidiary of a council-controlled organisation of the Council to the Council; or
iii: from a council-controlled organisation of the Council or a subsidiary of a council-controlled organisation of the Council to a council-controlled organisation of the Council or a subsidiary of a council-controlled organisation of the Council; or
b: the disposal of the property was contemplated in the current long-term
c: the disposal of the property is—
i: part of a property development; and
ii: contemplated by the statement of intent of a council-controlled organisation of an existing local authority; or
d: the disposal of the property is required to effect or complete a public work; or
e: the disposal of the property is consequential to a public work; or
f: the property is operational plant or equipment and, during the reorganisation, has been identified as surplus to the Council's requirements.
3: Despite subsection (1), the Council may lease, rent, or otherwise authorise the use of any land or building formerly used by an existing local authority or a council-controlled organisation of an existing local authority as offices, as a service centre, or for local service delivery purposes that has been identified, during the reorganisation, as surplus to the Council's requirement.
4: In this section,— Auckland Council Council
a: a council-controlled organisation of the Auckland Council; and
b: a subsidiary of a council-controlled organisation of the Auckland Council moratorium Section 12(2)﻿(b) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Existing directors and board members of council-controlled organisations and council organisations
13: Existing directors and board members of council-controlled organisations and council organisations
1: This section applies to directors or board members—
a: of council-controlled organisations and council organisations that on 1 November 2010, by operation of the Reorganisation Act
b: who were appointed by existing local authorities or council-controlled organisations of existing local authorities; and
c: who were holding office immediately before 1 November 2010.
2: The directors or board members, including any directors or board members who were elected members of an existing local authority or whose term expired before 31 December 2010, remain in office until new directors or board members are appointed.
3: To avoid doubt, nothing in this section applies to a director or board member of a terminating organisation. Council-controlled organisations
14: Half-yearly report replaced with 4-month report
1: This section applies to council-controlled organisations that on 1 November 2010, by operation of the Reorganisation Act
2: No later than 31 December 2010, the board of the council-controlled organisation must deliver to the shareholders a report on the organisation's operations during the period beginning on 1 July 2010 and ending at the close of 31 October 2010.
3: The report must include the information required to be included by its statement of intent.
4: A report provided under this section must be treated as satisfying the requirements of section 66
15: Auckland Regional Holdings
Section 15 spent 1 November 2010 section 43(2) Local Government (Tamaki Makaurau Reorganisation) Act 2009 Local Government (Tamaki Makaurau Reorganisation) Terminating Organisations Order 2010
16: Council dealings with directors of council-controlled organisations appointed under Reorganisation Act
1: The Council may deal with any director appointed to a council-controlled organisation under section 48 49 Local Government Act 2002
2: This section is for the avoidance of doubt. Watercare Services Limited
17: Watercare Services Limited treated as local government organisation
Until the end of 30 June 2012, Watercare Services Limited, and any subsidiary of Watercare Services Limited, is to be treated as if it were a local government organisation within the meaning of section 124
18: Obligations on Watercare Services Limited until 30 June 2012
Until the end of 30 June 2012, Watercare Services Limited—
a: may, in accordance with its current statement of corporate intent, fund its business requirements by using 1 or both of the following methods:
i: by including the cost of its business requirements in its prices and charges for any relevant services:
ii: by borrowing or by entering into any financial instrument, financial arrangement, or financial transaction of a debt-raising nature, despite paragraph (b):
b: is limited to the performance of functions, and the conduct of business, in relation to water supply and waste- water services and trade wastes, but has authority to exercise any powers that it agrees with the Auckland Council to exercise for, or in conjunction with, the Auckland Council:
c: must, in its financial statements, identify clearly and separately—
i: the financial position of its reticulated water-supply, waterworks, and bulk water supply activities; and
ii: the financial position of its activities in relation to sewerage and the collection, treatment, and disposal of sewage and trade wastes:
d: must ensure that the activities described in paragraph (c)﻿(i) and (ii) are costed and priced separately:
e: must, at least 4 months before the end of each financial year, prepare and supply to the Auckland Council an indicative asset management plan for the next financial year that must describe the projected condition of its significant assets at the commencement of that year and outline the rationale for and nature, extent, and estimated costs of its proposed activities in respect of—
i: the maintenance and repair of existing assets; and
ii: the renewal of existing assets; and
iii: the upgrading or extension of the performance or capacity of existing assets; and
iv: the acquisition or construction of new assets:
f: must, at least 4 months before the end of each financial year, prepare and supply to the Auckland Council, after undertaking a comparative assessment of different funding options, an indicative funding plan for the next financial year that must identify for the next financial year the nature and scope of the activities proposed to be undertaken (including, but not limited to, operational requirements, renewals, and significant new projects), and its planned funding requirements and funding sources, showing—
i: how the prices and charges proposed in the plan have been calculated:
ii: a summary of the results of the comparative assessment of different funding options:
iii: an appropriate debt to equity ratio:
iv: how any surplus from the previous financial year is proposed to be applied, or any deficit from the previous financial year is proposed to be managed:
g: must, in preparing its draft statement of corporate intent under section 20
i: consider any written submissions made by the Auckland Council on the asset management plan prepared under paragraph (e) or the funding plan prepared under paragraph (f) within 40 working days of the supply of the plan; and
ii: include in the draft statement of corporate intent a summary of its proposals for the matters dealt with in the plans referred to in subparagraph (i):
h: must include in the statement of corporate intent completed under section 21 of this Act its decisions in respect of the matters dealt with in the plans referred to in paragraph (g)﻿(i):
i: must give written notice to the Auckland Council of any proposed modifications of its then current statement of corporate intent and consider comments on the proposed modifications made by the Council:
j: must—
i: promptly decide, for any year in which a surplus arises, whether or not to return the surplus to its customers; and
ii: if it is to return the surplus, decide on and implement the method by which the surplus may be returned (for example, by way of rebate, discount, or adjustment of charges calculated by reference to prior or future charges to its customers).
19: Official information
Until the end of 30 June 2012, Parts 1 to 6
20: Statement of corporate intent
1: This section applies until the end of 30 June 2012.
2: The directors of Watercare Services Limited must deliver to the Auckland Council a draft statement of corporate intent not later than 1 month after the commencement of each financial year.
3: A statement of corporate intent must specify the following information for the group comprising Watercare Services Limited and any subsidiaries of Watercare Services Limited for the financial year in which it is delivered and each of the immediately following 2 financial years:
a: the objectives of the group:
b: the nature and scope of the activities to be undertaken:
c: the ratio of consolidated shareholders' funds to total assets, and definitions of those terms:
d: the accounting policies:
e: the performance targets and other measures by which the performance of the group may be judged in relation to its objectives:
f: how any residual surplus is to be returned to customers:
g: the kind of information to be provided to the Auckland Council by Watercare Services Limited during the course of those financial years, including the information to be included in each half-yearly report:
h: the procedures to be followed before any member of the group subscribes for, purchases, or otherwise acquires shares in any company or other organisation:
i: any activities for which the directors seek compensation from any local authority (whether or not the local authority has agreed to provide such compensation):
j: the directors' estimate of the commercial value of the shareholders' investment in the group and how, and when, the value is to be reassessed:
k: any other matters that are agreed by the Auckland Council and the directors.
21: Completion of statement of corporate intent
Until the end of 30 June 2012, the directors of Watercare Services Limited—
a: must consider any comments on the draft statement of corporate intent that are made to them within 2 months of the commencement of the financial year by the Auckland Council or a director of Watercare Services Limited; and
b: must provide the completed statement of corporate intent to the Auckland Council within 3 months of the commencement of the financial year.
22: Reports and accounts
1: This section applies until the end of 30 June 2012.
2: Within 2 months after the end of the first half of each financial year, the directors of Watercare Services Limited must provide to the Auckland Council a report on Watercare Services Limited's operations during that half-year.
3: Each report must include the information required to be included by the statement of corporate intent.
4: Within 3 months after the end of each financial year, the directors must provide to the Auckland Council and make available to the public—
a: a report on the operations of Watercare Services Limited, and any subsidiaries of Watercare Services Limited, during the financial year; and
b: audited consolidated financial statements for that financial year for Watercare Services Limited and any subsidiaries of Watercare Services Limited; and
c: the auditor's report on—
i: those financial statements; and
ii: the performance targets and other measures by which performance has been judged in relation to the objectives.
5: The audited consolidated financial statements must be prepared in accordance with generally accepted accounting practice and consist of—
a: a statement of financial position; and
b: an overall operating statement; and
c: an operating statement in respect of each significant activity; and
d: a statement of cash flows; and
e: any other statements that may be necessary to fairly reflect the financial position of Watercare Services Limited and any subsidiaries of Watercare Services Limited, the resources available to them, and the financial results of their operations.
6: Every report under subsection (4)﻿(a) must contain the information necessary to enable an informed assessment of the operations of Watercare Services Limited and any subsidiaries of Watercare Services Limited, including a comparison of the performance of Watercare Services Limited and any subsidiaries with any relevant statement of corporate intent.
23: Members, local board members, and employees of Auckland Council must not be directors of Watercare Services Limited
1: This section applies until the end of 30 June 2012.
2: No person who is a member of the governing body of the Auckland Council, a member of a local board, or an employee of the Council may hold office as a director of Watercare Services Limited.
24: Restrictions on form and asset ownership of Watercare Services Limited
1: The Auckland Council must, until the end of 30 June 2015,—
a: remain the sole owner of Watercare Services Limited; and
b: ensure that Watercare Services Limited does not dispose of any part of its business or any assets that are necessary for the conduct of its business; and
c: provide integrated water supply and wastewater services in Auckland only through Watercare Services Limited.
2: The Auckland Council may decide, at its discretion, how it will provide water supply and wastewater services in Auckland on and from 1 July 2015.
25: Watercare Services Limited to administer and enforce trade waste bylaws
1: On behalf of the Council, Watercare Services Limited must administer and enforce the trade waste bylaws specified in subsection (2) until the earlier of—
a: 1 July 2015:
b: the date on which the Council makes a new trade waste bylaw.
2: The trade waste bylaws are—
a: Franklin District Council Trade Waste Bylaw 2007
b: Rodney District Council General Bylaw 1998 (chapter 17, Trade Waste):
c: North Shore City Bylaw 2000 (part 9, Trade Waste).
3: Despite the repeal of the Auckland Regional Authority Act 1963 section 113(1)
a: 1 July 2015:
b: the date on which the Council makes a new trade waste bylaw.
4: On behalf of the Council, Watercare Services Limited must administer and enforce the Auckland Regional Council Trade Waste Bylaw 1991 for the period that the bylaw continues in force under subsection (3).
5: Section 26
26: Offences for breach of Auckland Regional Council Trade Waste Bylaw 1991
1: Every person who breaches section 5 of the Auckland Regional Council Trade Waste Bylaw 1991 (as continued by section 25(3)
2: Despite anything to the contrary in section 25
3: It is a defence to an offence under subsection (1) if the court is satisfied—
a: that—
i: the act giving rise to the offence was necessary to save or protect life or health or prevent injury, or to prevent serious damage to property, or to avoid actual or likely damage to the environment; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred; or
b: the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant, and, in each case,—
i: the action or event could not reasonably have been foreseen or prevented by the defendant; and
ii: the effects of the act or omission of the defendant were adequately remedied or mitigated by the defendant after the offence occurred.
4: The District Court
5: An injunction may be granted under subsection (4)—
a: despite anything in any other enactment:
b: whether or not proceedings in relation to the breach have been commenced:
c: if a person is convicted of the breach,—
i: in substitution for, or in addition to, any other penalty; or
ii: in subsequent proceedings. Section 26(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26(4) amended 1 March 2017 section 261 District Court Act 2016
27: Requiring authority status of Watercare Services Limited
2012-07-01 Local Government (Auckland Transitional Provisions) Act 2010 unless s 27(4)﻿(b) above happens earlier. Section 27: expired 1 July 2012 section 27(4) Acquisition of shareholding in Auckland International Airport Limited
28: Exemption from Takeovers Code in relation to Auckland International Airport Limited shares
Nothing in the Takeovers Code in force under the Takeovers Act 1993 Interim rating matters
29: District valuation roll, rating information database, and rates records
1: On and from 1 November 2010,—
a: the district valuation roll of each existing local authority as at the close of 31 October 2010 must be treated as the district valuation roll of the Auckland Council for the area to which each roll relates; and
b: the rating information database of each existing local authority as at the close of 31 October 2010 must be treated as the rating information database of the Auckland Council for the area to which each database relates; and
c: the rates records of each existing local authority as at the close of 31 October 2010 must be treated as the rates records of the Auckland Council.
2: In this section,— district valuation roll section 2(1) rates records rating information database section 5
30: Charges on rates
1: This section applies if, by operation of section 35
2: Section 115
3: Every charge to which this section applies must be treated as of equal ranking.
31: Consolidation of charges on rates
1: This section applies if, by operation of section 35 existing security arrangements
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, effect the consolidation of the existing security arrangements.
3: An order must effect the consolidation by—
a: extinguishing the existing security arrangements; and
b: deeming a single security document to have been granted by the Auckland Council in substitution for the existing security arrangements extinguished under paragraph (a).
4: For the purposes of subsection (2), the order must identify each existing security arrangement granted by an existing local authority that is extinguished by the order.
5: The Minister must not recommend the making of an order unless he or she—
a: is satisfied that the proposed single security document will comply with the requirements of any relevant enactment; and
b: is satisfied that no party to, or person having a benefit under, the existing security arrangements will be adversely affected by the making of the order; and
c: has consulted the Minister for the time being responsible for the administration of the Securities Act 1978
6: 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 ss 115 116 This note is not part of the Act. Section 31(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
32: Council authorised to collect and deal with balance of rating matters for 2010/2011 and previous financial years
1: In respect of the following rates, the Council may exercise all the powers and perform all the functions and duties of a local authority under the Local Government (Rating) Act 2002
a: rates set under section 29B
b: rates set by an existing local authority prior to 1 July 2010.
2: For the purposes of subsection (1), the Council may deliver separate rates assessments and separate rates invoices in respect of the rates set by each existing local authority.
3: Any money collected by the Council under subsection (1) in respect of a rate set for water supply or wastewater services provided by Watercare Services Limited must be paid to Watercare Services Limited as soon as practicable.
4: Except as provided in subsection (3), nothing in this Act or any other enactment requires the Council to apply any money collected under this section in any particular way or in any particular part of Auckland. Rates for 2011/2012 financial year
33: Rates for 2011/2012 financial year
1: The Auckland Council must set and assess a transition rate for each rating unit within Auckland for the 2011/2012 financial year.
2: The rate must be assessed in accordance with—
a: subsection (3), for a rating unit that is an unchanged rating unit (within the meaning of section 40
b: subsection (4), for any other rating unit (a changed rating unit
3: The rate on each unchanged rating unit must be a uniform percentage variation from the total liability of that rating unit for rates for the 2010/2011 financial year.
4: The rate on each changed rating unit must be the same uniform percentage variation from the total liability for rates that the changed rating unit would have had for the 2010/2011 financial year had the information recorded in the rating information database for that unit for the 2011/2012 financial year been entered in the database for that unit in the 2010/2011 financial year.
5: For the purposes of subsections (3) and (4),—
a: the uniform percentage variation must be calculated to meet the rates revenue requirements of the Council for the 2011/2012 financial year; and
b: the total rates liability of an unchanged rating unit or a changed rating unit for the 2010/2011 financial year is determined by the rates set in accordance with section 29B
6: A rates assessment for the 2011/2012 financial year does not have to contain any of the information required by section 45(1)
7: In subsection (6), area
8: This section prevails over anything to the contrary in the Local Government (Rating) Act 2002
34: Wastewater rate for 2011/2012 financial year
1: The Auckland Council must set and assess a wastewater rate for each rating unit within Auckland for the 2011/2012 financial year.
2: The rate for each rating unit must be a uniform percentage variation (assessed as described in section 33
3: The wastewater rate must be set at a level sufficient to meet the wastewater revenue requirements of Watercare Services Limited.
4: As soon as practicable, the Council must transfer all the money it receives from the wastewater rate to Watercare Services Limited.
5: In this section, rating unit within Auckland
a: pays for wastewater services by direct charging; or
b: does not receive wastewater services from Watercare Services Limited.
35: Council otherwise prohibited from setting rates for 2011/2012 financial year
1: Other than the rates provided for under sections 33 34
2: A local board may not propose any targeted rate for its local board area for the 2011/2012 financial year.
36: Application of Local Government (Rating) Act 2002 to rates for 2011/2012 financial year
1: Except as required by sections 33 34 35 Local Government (Rating) Act 2002
2: Without limiting subsection (1), and to avoid doubt, the Council—
a: may discount rates for the 2011/2012 financial year paid before 1 or more specified dates only in accordance with a policy adopted by the Council under section 55
b: may impose penalties on unpaid rates for the 2011/2012 financial year only in accordance with a resolution of the Council under section 57 Payment of rates for 2010/2011 and 2011/2012 financial years
37: Payment of rates for 2010/2011 and 2011/2012 financial years
1: Until the close of 30 June 2012, the Auckland Council is not required to accept payment of rates in respect of a rating unit at any office outside the former district of the existing local authority in which the rating unit is located.
2: This section prevails over section 52(1)﻿(a) General rate for 2012/2013 financial year
38: General rate for 2012/2013 financial year must be set using capital value of land
For the 2012/2013 financial year, the Council must set any general rate under section 13 Mechanism to adjust significant changes resulting from Council moving to single rating system
39: Purpose of sections 40 to 43
The purpose of sections 40 to 43
40: Interpretation
In sections 41 to 43 change limit section 41 current rates section 43 previous rates
a: for the 2012/2013 financial year, the rate assessed for the rating unit under section 33
b: for any other rating year,—
i: the rates assessed for the rating unit in accordance with section 43
ii: if applicable, the rates liability for the unit under section 42 rating year
a: the 2012/2013 financial year:
b: the 2013/2014 financial year:
c: the 2014/2015 financial year unchanged rating unit
a: a change resulting from the valuation required by section 18B
b: a change resulting from an objection under section 29
c: a change resulting from a correction under section 40
d: a change resulting from the implementation of a decision of the Land Valuation Tribunal under section 39
41: Council may have rates transition management policy for 3-year period commencing 1 July 2012
1: The Council may include in its long-term
2: The policy must identify the change limit for each rating year, being the maximum change in rating liability permitted under the policy in relation to an unchanged rating unit in a rating year.
3: The change limit may be—
a: uniform (so that the same change limit applies to increases and decreases in rating liability); or
b: differential (so that the change limit that applies to increases in rating liability is different from the change limit that applies to decreases in rating liability), but only if the difference is calculated so that the expected net impact referred to in subsection (5)﻿(c) is zero.
4: The change limit may be an actual amount or a proportion of the previous rates, or both, and, if a differential change limit, the positive and negative components may differ in amount or proportion, or both.
5: The policy must also describe the estimated impact of the policy, for each rating year, in terms of—
a: the proportion of rating units for which the policy will result in a reduction in rates liability, and the expected range of reductions; and
b: the proportion of rating units for which the policy will result in an increase in rates liability, and the expected range of increases; and
c: the expected net impact of the policy on the Council's rates revenue.
5A: Sections 84(4) 94
6: Section 102 subsection (3) Section 41(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 41(5A) inserted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 41(6) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
42: How Council must apply rates transition management policy
1: This section applies to the calculation of rating liability for rating units within Auckland if the Council adopts a rates transition management policy under section 41
2: If the current rates on an unchanged rating unit in a rating year differ from the previous rates for the rating unit by more than the change limit specified for the rating year, the total rating liability for the rating unit for the year is—
a: the previous rates increased by the change limit, if the current rates are higher than the previous rates; or
b: the previous rates reduced by the change limit, if the current rates are lower than the previous rates.
3: The adjustment in rating liability described in subsection (2) must be—
a: separately and clearly identified on the rates assessment and rates record for the rating unit; and
b: accounted for separately as if it were a rate itself.
4: A rates assessment under section 45
a: an explanation of the Council's rates transition management policy; and
b: clear identification of the amount of rates payable in respect of the rating unit (having applied the policy).
43: Local Government (Rating) Act 2002 otherwise applies
1: Except as modified by sections 41 42 Local Government (Rating) Act 2002
2: Except as modified by sections 38 41 42 Local Government (Rating) Act 2002 Rates as security
44: Rates as security
To avoid doubt, nothing in this Part affects the ability of the Council to charge rates or use rates revenue as security for a loan in accordance with the Local Government Act 2002 Planning document prepared by Transition Agency
45: Planning document treated as satisfying sections 93 and 95 of Local Government Act 2002
1: The planning document prepared by the Transition Agency under section 19A
2: The planning document prepared by the Transition Agency under section 19A
2A: Subsections (1) and (2) do not apply to the following policies included in the planning document:
a: remission and postponement of rates on Māori freehold land under section 108
b: rates remission under section 109
c: rates postponement under section 110
3: Despite subsections (1) and (2), Parts 1 2
4: The Council may amend the planning document—
a: in accordance with the requirements for amending a long-term Local Government Act 2002
b: any amendment must not be inconsistent with any provision of this Part.
5: Without limiting subsection (1), the initial allocation of decision-making responsibility for the non-regulatory activities of the Council between the Council's governing body and its local boards included in the planning document must be treated as satisfying section 18(1) and (2) Section 45(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 45(2A) inserted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 45(4)﻿(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
46: Policies included in planning document treated as policies of Council
1: On and from 1 November 2010, the policies referred to in clause 4 section 19A and may be amended in accordance with section 93
2: However, the development contributions policies referred to in clause 4(3)﻿(a) section 54 Section 46(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
47: Certain policies have effect only in former districts and must be replaced by 30 June 2012
1: This section applies to—
a: the policies of the existing local authorities included in the planning document prepared by the Transition Agency under section 19A clause 4(3)
b: any policies of the existing local authorities included in the planning document prepared by the Transition Agency under section 19A clause 4(4)
c: any policies or adjusted policies of the existing local authorities included in the planning document prepared by the Transition Agency under section 19A clause 4(5)﻿(b) or (c)
2: The policies have effect only within the former district of each of the existing local authorities.
3: If there is any inconsistency between a policy made by the Auckland Regional Council and a policy made by any of the other existing local authorities, the policy made by the Auckland Regional Council prevails.
4: The policies must be replaced by the Council with a single integrated policy no later than 30 June 2012.
5: Despite subsection (4), the following policies must be replaced by the Council with a single integrated policy no later than 30 June 2011:
a: the policies of the existing local authorities in relation to remission and postponement of rates on Māori freehold land under section 108
b: the policies of the existing local authorities in relation to rates remission under section 109
c: the policies of the existing local authorities in relation to rates postponement under section 110
5A: The Auckland Council must use the special consultative procedure in adopting the single integrated policy described in subsection (5).
6: A single integrated policy formulated under subsection (4) or (5) may contain different conditions and criteria to be met based on the former districts of the existing local authorities.
7: Subsection (6) is for the avoidance of doubt. Section 47(5A) inserted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
48: Allocation in planning document of decision-making responsibility for non-regulatory activities of Council
1: The initial allocation of decision-making responsibility for the non-regulatory activities of the Council between the Council's governing body and its local boards included in the planning document prepared by the Transition Agency under section 19A section 17
2: To avoid doubt, the governing body of the Council may, before adopting its long-term Section 48(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 48(2) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 First local board plans and agreements
49: First local board plans
1: This section applies to the local board plans required to be adopted by each local board by 31 October 2011 in accordance with section 20(1)﻿(a)
2: Section 20
a: the references to default levels of service in subsection (3) of that section were references to the levels of service for local activities provided in each local board area in the 2010/2011 financial year; and
b: the reference to estimated funding allocation in subsection (4)﻿(b)﻿(iii) of that section were a reference to the funding level in the budget estimated under section 19A(2)﻿(b)
50: First local board agreements
1: This section applies to the local board agreements required to be included in the Council's annual plan for the 2011/2012 financial year in accordance with section 22
2: Section 21
a: the words in the local board's plan of the communities in the local board area
b: subsection (3) of that section were omitted; and
c: the reference to the local board's estimated funding allocation in subsection (5)﻿(c) of that section were a reference to the funding level in the budget estimated under section 19A(2)﻿(b) Reports prepared by existing local authorities under section 29C of Reorganisation Act
51: Reports prepared by existing local authorities under section 29C of Reorganisation Act
1: The Auckland Council must complete and adopt the reports prepared by the existing local authorities under section 29C
2: Sections 98 99
3: The audited financial statements in a report completed and adopted under subsection (1) must be treated as satisfying any obligation on an existing local authority under section 53E Reports prepared by terminating organisations under section 40 of Reorganisation Act
52: Reports prepared by terminating organisations under section 40 of Reorganisation Act
1: A receiving entity must complete and adopt a report prepared by its terminating organisation under section 40(3)
2: Sections 67 68 Development contributions
53: Development contributions required by existing local authorities
1: This section applies to development contributions under subpart 5
2: The Auckland Council must use any development contributions it holds, is owed, or may require by operation of section 35
3: However, if the development contributions are held, owed, or required for water supply or wastewater services infrastructure, section 55
54: Interim development contributions policies
1: This section applies to the development contributions policies referred to in clause 4(3)﻿(a)
2: Each policy must be amended to remove any power of the Auckland Council to require a development contribution for water supply or wastewater services infrastructure, in accordance with the following procedure:
a: the amendment must be made by resolution of the governing body of the Auckland Council:
b: the amendment is not required to be made as described in section 106(6)
c: the amendment must have effect from 1 July 2011.
3: Each policy may be amended by the Auckland Council under section 106(6) Section 54(2)﻿(b) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 54(3) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
55: Development contributions for certain infrastructure transferred to Watercare Services Limited
1: The Auckland Council must immediately transfer to Watercare Services Limited any development contribution (or any part of a development contribution) that is or was required for water supply or wastewater services infrastructure and that is—
a: paid or made to the Council on or after 1 November 2010 under a policy described in section 46
b: referred to in section 53(2)
2: Subsections (3) to (5) apply to a development contribution—
a: described in subsection (1):
b: vested in Watercare Services Limited by operation of section 37
3: Sections 204 209
a: the contribution were paid or made to the Auckland Council; and
b: the capital expenditure of Watercare Services Limited were the capital expenditure of the Auckland Council.
4: If the development contribution is not used for the purpose for which it was required by the close of 30 June 2019, the Auckland Council must refund or return it under section 209(1)﻿(d)
5: Watercare Services Limited must reimburse the Auckland Council for any development contribution refunded or returned under section 209
56: Limitations on requiring further contribution for water supply or wastewater services infrastructure
1: An Auckland water organisation must not require a payment in respect of a development for the same purpose for which a development contribution for water supply or wastewater services infrastructure—
a: has been paid or made, or is required to be paid or made, to the Auckland Council after 1 November 2010 under a policy described in section 46
b: referred to in section 53(2)
2: Despite subsection (1), an Auckland water organisation may require another payment for the same purpose if the payment is required to reflect an increase in the scale or intensity of the development since the original contribution was required.
3: In this section, Auckland water organisation section 4(1)
57: Development contributions for transport infrastructure
1: This section applies to a development contribution (or any part of a development contribution) that is required for transport infrastructure and that is—
a: paid or made to the Council on or after 1 November 2010 under a policy described in section 46
b: referred to in section 53(2)
2: If Auckland Transport undertakes the capital expenditure for which the contribution was required, the Council must transfer the contribution to Auckland Transport as part of the Council's funding of that expenditure. Financial contributions
58: Financial contributions already made or owed to existing local authorities
1: This section applies to financial contributions under the Resource Management Act 1991
2: The Auckland Council must use any financial contributions it holds or receives by operation of section 35
3: However, if the financial contributions are held or received for water supply or wastewater services infrastructure, section 59
59: Financial contributions for certain infrastructure transferred to Watercare Services Limited
1: The Auckland Council must immediately transfer to Watercare Services Limited any financial contribution (or any part of a financial contribution) that is or was required for water supply or wastewater services infrastructure and—
a: that is section 58
b: that the Council receives in accordance with the requirements of any plan referred to in section 78(2)
2: Subsection (3) applies to a financial contribution—
a: described in subsection (1); or
b: vested in Watercare Services Limited by operation of section 37
3: Watercare Services Limited must use the financial contribution in reasonable accordance with the purposes for which the money was received by the existing local authorities or the Auckland Council. Section 59(1) amended 12 December 2012 section 4(1) Local Government (Auckland Transitional Provisions) Amendment Act 2012 Section 59(1)﻿(a) amended 12 December 2012 section 4(2) Local Government (Auckland Transitional Provisions) Amendment Act 2012
60: Prohibition on requiring contribution for certain infrastructure of Watercare Services Limited
1: After 1 July 2011, the Auckland Council must not require any financial contribution under section 108
2: This section prevails over section 108 section 78(2) Bylaws
61: Bylaws about Auckland transport system that are transport-related
1: This section applies to bylaws to which all the following apply:
a: they are about the Auckland transport system (as defined in section 37(1)
b: they were made by an existing local authority:
c: they are in force at the close of 31 October 2010.
2: On and from 1 November 2010, the bylaws are deemed to have been made by Auckland Transport.
3: Each bylaw remains in force in the area to which it applied at the close of 31 October 2010.
4: Each bylaw must be reviewed by Auckland Transport at the time and in accordance with any requirements of the enactment under which it was made, or last reviewed, by the existing local authority.
5: Subsection (4) is for the avoidance of doubt.
6: In this section, bylaw
a: a set of bylaws; and
b: an individual bylaw in a set of bylaws; and
c: a provision within an individual bylaw; and
d: a resolution made under a bylaw.
62: Bylaws about solid waste
1: This section applies to bylaws to which all the following apply:
a: they are either—
i: made under section 56 section 64
ii: made under the Local Government Act 2002 Local Government Act 1974
b: they were made by an existing local authority:
c: they are in force at the close of 31 October 2010.
2: On and from 1 November 2010, the bylaws are deemed to have been made by the Auckland Council.
3: Each bylaw remains in force in the area to which it applied at the close of 31 October 2010 until 31 October 2012, when it is revoked, unless before that date—
a: the Auckland Council confirms it, in which case the confirmed bylaw becomes a bylaw made by the Auckland Council and remains in force until it expires or is revoked; or
b: the Auckland Council amends it, in which case the bylaw as amended becomes a bylaw made by the Auckland Council and remains in force until it expires or is revoked; or
c: the Auckland Council revokes it.
4: The Auckland Council must use the special consultative procedure before confirming, amending, or revoking a bylaw under subsection (3)﻿(a), (b), or (c).
5: Section 58
6: In this section, bylaw
a: a set of bylaws; and
b: an individual bylaw in a set of bylaws; and
c: a provision within an individual bylaw.
63: Bylaws about matters other than transport and solid waste
1: This section applies to bylaws to which all the following apply:
a: neither section 61 section 62
b: they were made by an existing local authority:
c: they are in force at the close of 31 October 2010.
2: On and from 1 November 2010 the bylaws are deemed to have been made by the Auckland Council.
3: Each bylaw remains in force in the area to which it applied at the close of 31 October 2010 until 31 October 2015, when it is revoked, unless before that date—
a: the Auckland Council confirms it, in which case the confirmed bylaw becomes a bylaw made by the Auckland Council and remains in force until it expires or is revoked; or
b: the Auckland Council amends it, in which case the bylaw as amended becomes a bylaw made by the Auckland Council and remains in force until it expires or is revoked; or
c: the Auckland Council revokes it.
4: The Auckland Council must use the special consultative procedure before confirming, amending, or revoking a bylaw under subsection (3)﻿(a), (b), or (c).
5: If section 159
6: In this section, bylaw
a: a set of bylaws; and
b: an individual bylaw in a set of bylaws; and
c: a provision within an individual bylaw. Policies of existing local authorities
64: Policies that are transport-related
1: This section applies to policies to which all the following apply:
a: one of the following applies:
i: they are expressly required or authorised by an enactment other than the Local Government Act 2002
ii: their title or subject-matter is referred to in secondary or tertiary legislation:
b: they were made by an existing local authority or the Auckland Regional Transport Authority:
c: they are in force at the close of 31 October 2010:
d: they are transport-related, but not related to the regional land transport strategy referred to in section 82(3)
2: On and from 1 November 2010, the policies are deemed to have been made by Auckland Transport.
3: Each policy remains in force in the area to which it applied at the close of 31 October 2010 until one of the following occurs:
a: Auckland Transport confirms it, in which case the confirmed policy becomes a policy made by Auckland Transport and remains in force until it expires or is revoked:
b: Auckland Transport amends it, in which case the policy as amended becomes a policy made by Auckland Transport and remains in force until it expires or is revoked:
c: Auckland Transport revokes it.
4: Auckland Transport must review each policy and confirm, amend, or revoke it before the close of 31 October 2015.
65: Policies that are not transport-related
1: This section applies to policies to which all the following apply:
a: one of the following applies:
i: they are expressly required or authorised by an enactment other than the Local Government Act 2002 Local Government (Rating) Act 2002
ii: their title is referred to in secondary or tertiary legislation:
b: they were made by an existing local authority or the Auckland Regional Transport Authority:
c: they are in force at the close of 31 October 2010:
d: they are either—
i: not transport-related; or
ii: only related to the regional land transport strategy.
2: On and from 1 November 2010, the policies are deemed to have been made by the Auckland Council.
3: Subject to section 156
a: the Auckland Council confirms it, in which case the confirmed policy becomes a policy made by the Auckland Council and remains in force until it expires or is revoked:
b: the Auckland Council amends it, in which case the policy as amended becomes a policy made by the Auckland Council and remains in force until it expires or is revoked:
c: the Auckland Council revokes it.
4: Subject to section 156 Section 65(3) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 65(4) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Statutory warrants
66: Statutory warrants relating to transport law
1: Subsections (2) and (3) apply to warrants to which all the following apply:
a: they relate to the enforcement of transport law:
b: they were issued under section 177 section 208
c: they were issued by an existing local authority to—
i: an employee of or contractor to the existing local authority; or
ii: an employee of or contractor to the Auckland Regional Transport Authority:
d: they are in force at the close of 31 October 2010.
2: On and from 1 November 2010, the warrants are deemed to have been issued by Auckland Transport.
3: Each warrant remains in force until one of the following occurs:
a: the warrant is revoked (without further authority than this section) because the employee or contractor to whom it was issued does not work or ceases to work for Auckland Transport:
b: Auckland Transport confirms the warrant, in which case the confirmed warrant becomes a warrant issued by Auckland Transport and remains in force until it expires or is revoked:
c: Auckland Transport amends the warrant, in which case the warrant as amended becomes a warrant issued by Auckland Transport and remains in force until it expires or is revoked:
d: Auckland Transport revokes the warrant.
4: Subsection (5) applies to warrants to which all the following apply:
a: they relate to the enforcement of transport law:
b: they were issued under section 177 section 208
c: they were issued by the Commissioner of Police to—
i: an employee of or contractor to an existing local authority; or
ii: an employee of or contractor to the Auckland Regional Transport Authority:
d: they are in force at the close of 31 October 2010.
5: Each warrant remains in force until either of the following occurs:
a: the warrant is revoked (without further authority than this section) because the employee or contractor to whom it was issued does not work or ceases to work for Auckland Transport:
b: the Commissioner of Police revokes the warrant.
6: In this section, warrant
67: Statutory warrants relating to law other than transport law
1: This section applies to warrants to which all the following apply:
a: they relate to the enforcement of law other than transport law:
b: they were issued by an existing local authority to—
i: an employee of or contractor to the existing local authority; or
ii: an employee of Watercare Services Limited:
c: they are in force at the close of 31 October 2010.
2: On and from 1 November 2010, the warrants are deemed to have been issued by the Auckland Council.
3: Each warrant remains in force until one of the following occurs:
a: the warrant is revoked (without further authority than this section) because the employee or contractor to whom it was issued does not work or ceases to work for the Auckland Council or Watercare Services Limited, as the case may be:
b: the Auckland Council confirms the warrant, in which case the confirmed warrant becomes a warrant issued by the Auckland Council and remains in force until it expires or is revoked:
c: the Auckland Council amends the warrant, in which case the warrant as amended becomes a warrant issued by the Auckland Council and remains in force until it expires or is revoked:
d: the Auckland Council revokes the warrant. Fees and charges
68: Fees and charges
1: This section applies to a fee or charge that—
a: was prescribed or set by an existing local authority; and
b: was in force at the close of 31 October 2010.
2: The fee or charge remains in force in the area to which it applied at the close of 31 October 2010 until the Auckland Council—
a: replaces it with a new one; or
b: revokes it without replacing it.
3: In subsection (2), Auckland Council
a: the governing body of the Auckland Council; or
b: 1 or more local boards of the Auckland Council; or
c: if a council-controlled organisation of the Auckland Council is responsible for the activity to which the fee or charge relates, the council-controlled organisation. Standing orders
69: Standing orders
The standing orders prescribed by any Order in Council made under section 46 Delegations
70: Delegations (other than in relation to Resource Management Act 1991)
1: On and from 1 November 2010, the chief executive of the Auckland Council holds all the responsibilities, duties, and powers of the Council that any Act (except the Resource Management Act 1991
2: On and from 1 November 2010, the chief executive may delegate some or all of the responsibilities, duties, and powers to an officer or employee of the Council, subject to any restrictions on delegation in the relevant Act.
3: The chief executive, and any person to whom a responsibility, duty, or power has been delegated under subsection (2), holds the responsibility, duty, or power until the earlier of the following:
a: the date on which the Auckland Council resolves otherwise (which, for the purposes of this section, includes a resolution delegating the same responsibility, duty, or power):
b: 30 June 2011.
71: Delegations under Resource Management Act 1991
1: On and from 1 November 2010, the chief executive of the Auckland Council holds all the responsibilities, duties, and powers of the Council that the Resource Management Act 1991
2: Despite section 34A(1)﻿(b)
a: an officer or employee of the Auckland Council:
b: a hearings commissioner appointed by the Auckland Council (who may or may not be a member of the Council).
3: A person to whom the chief executive delegates a function, power, or duty under subsection (2) must not subdelegate it.
4: The chief executive, and any person to whom a responsibility, duty, or power has been delegated under subsection (2), holds the responsibility, duty, or power until the earlier of the following:
a: the date on which the Auckland Council resolves otherwise (which, for the purposes of this section, includes a resolution delegating the same responsibility, duty, or power):
b: 30 June 2011.
72: Delegations by New Zealand Transport Agency to existing local authority
1: This section applies to a delegation that—
a: was made to an existing local authority by the New Zealand Transport Agency; and
b: relates to the Auckland transport system (as defined in section 37
c: was in force at the close of 31 October 2010.
2: On and from 1 November 2010, the delegation must be treated as a delegation to Auckland Transport.
3: The delegation remains in force until the earlier of the following:
a: the date on which the New Zealand Transport Agency resolves otherwise (which, for the purposes of this section, includes a resolution delegating the same responsibility, duty, or power):
b: 31 December 2011. Building
73: Building
1: On and from 1 November 2010, the Auckland Council may act as a building consent authority in accordance with the entry of its name in the register of building consent authorities by the chief executive acting under section 52
2: The name of the Auckland Council remains in the register of building consent authorities for the period that—
a: starts on the date on which the chief executive acts under section 52
b: ends on the earlier of the following:
i: the date on which the chief executive, having applied sections 191 to 197
ii: 31 October 2011.
3: The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the date in subsection (2)﻿(b)﻿(ii).
4: On 1 November 2010, the chief executive must remove from the register of building consent authorities the names of any existing local authorities that are in it.
5: In this section,— chief executive Building Act 2004 register of building consent authorities section 273(1)﻿(a)
6: 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 ss 115 116 This note is not part of the Act. Section 73(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Civil defence emergency management
74: Civil defence emergency management
1: This section applies to the Civil Defence Emergency Management Group established by the existing local authorities under the Civil Defence Emergency Management Act 2002 CDEMG
2: The Civil Defence Emergency Management Co-ordinating Executive Group established by the CDEMG under section 20
a: section 20(1)﻿(a) said the chief executive of the Auckland Council or a person acting on the chief executive's behalf
b: the CDEMG had not been dissolved on 1 November 2010.
3: Anything done by the CDEMG in the performance of its functions or the exercise of its powers continues to have effect on and from 1 November 2010 as if the CDEMG had not been dissolved on 1 November 2010.
4: Subsection (3) ceases to have effect when the Civil Defence Emergency Management Group established by the Auckland Council ( ACCDEMG section 22(2) Fire authority appointments
75: Fire authority appointments
1: Subsections (2) and (3) apply to Rural Fire Officers under the Forest and Rural Fires Act 1977
a: were appointed by a Fire Authority that was an existing local authority; and
b: at the close of 31 October 2010, held the office to which they were appointed; and
c: at the close of 31 October 2010, were not Principal Rural Fire Officers.
2: On and from 1 November 2010, each officer—
a: must perform his or her functions within the former district of the existing local authority of which he or she was an appointee on 31 October 2010 as if he or she were an appointee of the Auckland Council; and
b: may be directed by the Auckland Council to perform his or her functions in a different area of Auckland as if he or she were an appointee of the Auckland Council.
3: Subsection (2) ceases to apply to each officer when the earliest of the following occurs:
a: the Auckland Council appoints him or her:
b: the term of his or her office ends without the Auckland Council appointing him or her:
c: he or she resigns his or her office.
4: Subsections (5) and (6) apply to Rural Fire Officers under the Forest and Rural Fires Act 1977
a: were appointed by a Fire Authority that was an existing local authority; and
b: at the close of 31 October 2010, held the office to which they were appointed; and
c: at the close of 31 October 2010, were Principal Rural Fire Officers.
5: On and from 1 November 2010, each officer must perform his or her functions within the former district of the existing local authority of which he or she was an appointee on 31 October 2010 as if he or she were an appointee of the Auckland Council.
6: Subsection (5) ceases to apply to each officer when the earliest of the following occurs:
a: the Auckland Council appoints him or her as the Principal Rural Fire Officer for Auckland under section 13(1)
b: the Auckland Council appoints another person as the Principal Rural Fire Officer for Auckland:
c: the term of his or her office ends without the Auckland Council appointing him or her as the Principal Rural Fire Officer for Auckland:
d: he or she resigns his or her office.
76: Council may direct Principal Rural Fire Officer to also perform functions in other districts
Until the Auckland Council appoints a Principal Rural Fire Officer for Auckland under section 13(1) section 75(4)
a: the district of an existing local authority for which, at the close of 31 October 2010, there is no Principal Rural Fire Officer:
b: the former district of an existing local authority for which, at any time after the close of 31 October 2010 but before the appointment of the Principal Rural Fire Officer for Auckland, there ceases to be a Principal Rural Fire Officer. Resource management
77: Section 81 of Resource Management Act 1991 does not apply to areas included within Auckland
1: Section 81
2: Instead, the relevant parts of section 78
78: Resource management
1: Terms defined in the Resource Management Act 1991 RMA
2: On and from 1 November 2010, any regional plans or district plans of existing local authorities are deemed to be the regional plans and district plans of the Auckland Council. These plans remain until replaced by an operative regional plan or district plan, as the case may be, made by the Auckland Council.
3: On and from 1 November 2010, any regional plan of Environment Waikato is deemed to be the regional plan of the Auckland Council, but only to the extent that the plan relates to an area included within Auckland as a result of the boundary adjustment Order. The plan remains until replaced by an operative regional plan made by the Auckland Council.
4: On and from 1 November 2010, the regional policy statement of the Auckland Regional Council is deemed to be the regional policy statement of the Auckland Council.
5: On and from 1 November 2010, the district plans of the existing local authorities continue to apply to the same geographic areas as they did immediately before 1 November 2010 until replaced by an operative Auckland Council district plan.
6: However, nothing limits or affects the Auckland Council amending a plan to which subsection (5) of this section applies under any provision of the RMA.
7: The first monitoring report required by the Auckland Council under section 35(2A)
8: For the purposes of sections 184 184A
9: Subsection (10) of this section applies to a designation included in the district plan of an existing local authority that lapses in the period beginning with the commencement of this Act and ending on the close of 31 October 2010.
10: The designation is deemed to continue until 1 November 2015 unless—
a: the designation is given effect to in accordance with section 184 184A
b: the Auckland Council fixes a longer period under section 184 184A
11: Existing designations that are not included in an existing district plan continue for the term for which they were granted by the existing local authority.
12: For the purposes of section 180(2)
13: In the event of any existing local authorities having transferred any RMA functions, powers, or duties to another public authority, the functions, powers, or duties are deemed to have been transferred by the Auckland Council.
14: Where any change to an operative plan, or variation to a proposed plan, has been publicly notified but the process has not been completed by an existing local authority before 1 November 2010, the process continues on and after 1 November 2010 as if it had been publicly notified by the Auckland Council.
15: Where any change to a plan, or variation to a proposed plan, relating to an area included within Auckland as a result of the boundary adjustment Order has been publicly notified by any other local authority but the process has not been completed by the local authority before 1 November 2010, the change or variation process continues on and after 1 November 2010 as if it had been publicly notified by the Auckland Council.
16: Resource consents, certificates of compliance, or other RMA matters granted, issued, or approved by an existing local authority continue to have effect as if granted, issued, or approved by the Auckland Council.
17: Any matter under the RMA that was lodged, notified, or commenced by or with an existing local authority but which has not been determined or completed by the existing local authority is transferred to the Auckland Council.
18: Subsections (11), (16), and (17) of this section are for the avoidance of doubt.
79: Designations of existing local authorities that relate to transport activities
1: This section applies to designations of the existing local authorities—
a: that are transport activities in relation to the Auckland transport system; and
b: for which Auckland Transport has assumed financial responsibility by operation of the Reorganisation Act
2: On and from 1 November 2010, the designations are deemed to have been transferred to Auckland Transport for the purposes of section 180
3: In this section,— Auckland transport system section 37(1) designation section 166 transport activities activity Land Transport Management Act 2003 Other planning matters
80: Auckland regional growth strategy
1: This section applies to the regional growth strategy adopted, before the commencement of this section, by the Auckland Regional Council under section 37SE
2: Until the Auckland Council adopts a spatial plan under Part 6
a: sections 37SE 37SF 37SH
b: the Auckland Council is deemed to have adopted the regional growth strategy; and
c: the regional growth strategy remains in effect; and
d: section 18 section 113(1)
3: The regional growth strategy has no effect once the Auckland Council adopts the spatial plan.
81: Appeals against change or variation under Local Government (Auckland) Amendment Act 2004
1: This section applies to an appeal under the Resource Management Act 1991 sections 39 40
2: The appeal must be determined as if—
a: sections 38 to 43
b: the Auckland Council had not adopted a spatial plan under Part 6 section 80(2)﻿(a) to (d)
82: Existing regional land transport programme and regional land transport strategy for Auckland continue in effect
1: The Auckland regional land transport programme prepared by the Auckland Regional Transport Authority under Part 2
a: must be treated as the regional land transport programme of Auckland Transport; and
b: continues in effect until 30 June 2012.
2: Subsection (1) is subject to section 91
3: The regional land transport strategy for Auckland prepared and approved under Schedule 7
a: the regional land transport strategy for Auckland; and
b: continuing in effect until 30 June 2015 Section 82(3)﻿(b) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Tax
83: Tax
1: This section applies for the purposes of the Inland Revenue Acts.
2: In this section,—
a: ARTA section 7
b: council-controlled organisation Local Government Act 2002
c: Inland Revenue Acts section 3(1)
d: other terms defined in the Inland Revenue Acts have the meanings given to them by the Acts.
3: Subsections (5) to (15) apply when, in the reorganisation,—
a: the assets and liabilities of an existing local government organisation ( person A person B
b: the assets and liabilities of an existing local government organisation ( person A person B
c: the assets and liabilities of a terminating organisation ( person A person B
d: the voting interests and market value interests of the notional single person in each of the existing local authorities or ARTA or Auckland Regional Holdings ( person A person B
4: Subsections (16) and (17) apply when, in the reorganisation, an asset of an existing local authority or ARTA or Auckland Regional Holdings that is shares becomes the asset of a council-controlled organisation of the Auckland Council ( person B
5: On and from the day on which the assets and liabilities become person B's, person B is deemed to be the same person as person A.
6: On and from the day on which the voting interests and market value interests become person B's, person B is deemed to have held the voting interests and market value interests without interruption since person A acquired them.
7: Everything done by person A before the assets and liabilities and voting interests and market value interests become person B's is deemed to have been done by person B on the date on which it was done by person A.
8: Income derived or expenditure incurred by person A before the assets and liabilities become person B's does not become income derived or expenditure incurred by person B just because the assets and liabilities become person B's.
9: If an asset of person A's that becomes person B's is anything other than shares, the difference between the asset's market value and any attributed liability is available subscribed capital of person B.
10: If person A is a trustee and person B is a company, person A's tax losses become person B's tax losses, despite anything to the contrary in the Inland Revenue Acts.
11: If income from a financial arrangement, trading stock, revenue account property, or depreciable property is exempt income of person A and is not exempt income of person B,—
a: person B is treated as having acquired the financial arrangement, trading stock, or revenue account property that becomes person B's on the day on which it becomes person B's for a consideration that is its market value on the day on which it becomes person B's:
b: person B is treated as having acquired the depreciable property at the accounting carrying value of the property for person A on the day on which it becomes person B's.
12: If income from a financial arrangement, trading stock, revenue account property, or depreciable property is not exempt income of person A and is exempt income of person B,—
a: person A is treated as having disposed of the financial arrangement, trading stock, or revenue account property that becomes person B's on the day on which it becomes person B's for a consideration that is its market value on the day on which it becomes person B's:
b: person A is treated as having disposed of the depreciable property at the adjusted tax value of the property on the day on which it becomes person B's.
13: If a person ( person C person D subpart YB sections CB 6 to CB 15
14: The voting interests and market value interests of the notional single person in each of the existing local authorities or ARTA or Auckland Regional Holdings become the voting interests and market value interests of the notional single person in the Auckland Council on 1 November 2010.
15: The notional single person holding the voting interests and market value interests in the Auckland Council is deemed for the purposes of subpart IC
16: The proceeds of sale of shares is not assessable income of the Auckland Council or a council-controlled organisation of the Auckland Council if the proceeds become the Council's or the organisation's in the following circumstances:
a: the shares have become person B's in the way described in subsection (4); and
b: person B sells the shares and distributes the proceeds to—
i: the Council; or
ii: the council-controlled organisation.
17: The transfer of shares to the Auckland Council or a council-controlled organisation of the Auckland Council is not assessable income of the Council or the organisation if the transfer occurs in the following circumstances:
a: the shares have become person B's in the way described in subsection (4); and
b: person B transfers the shares to—
i: the Council; or
ii: the council-controlled organisation.
18: The funds, assets, and property described in clause 5 Estate and Gift Duties Act 1968 Local Government (Auckland) Amendment Act 2004
19: If an Order in Council under section 37(1) section YA 1
20: If a council-controlled organisation of the Auckland Council is established by the Transition Agency under section 19B 19C section YA 1 Section 83(19) added 21 December 2010 section 186 Taxation (GST and Remedial Matters) Act 2010 Section 83(20) added 21 December 2010 section 186 Taxation (GST and Remedial Matters) Act 2010 Solid waste
84: Solid waste
1: Subsection (2) applies to the existing local authorities' waste management and minimisation plans to which Part 4
2: On and from 1 November 2010, the plans are deemed to be the Auckland Council's waste management and minimisation plan ( ACWMMP
3: Not later than 1 May 2011, the Auckland Council must consider and decide on proposals prepared for it under section 13(1)﻿(cb)﻿(iii)
4: Not later than 1 July 2012, the Auckland Council must review the ACWMMP in the manner required by the Waste Minimisation Act 2008
5: For the purposes of the review, the Council may rely on any work carried out by the Transition Agency and the existing local authorities under section 13(1)﻿(cb) sections 50(2) and 51
6: Subsection (7) applies to the Council when, after the review, and in accordance with section 50(3) section 44(d) and (e)
7: The Council is not required to consult on matters that have already been the subject of consultation by the existing local authorities acting under section 13(1)﻿(cb) section 44(d) and (e)
8: Subsection (9) applies to the Council when, after the review, and in accordance with section 50(3)
9: The Council is not required to consult on matters that have already been the subject of consultation by the existing local authorities acting under section 13(1)﻿(cb) section 50(3)﻿(b)
10: In relation to the levy money that the Auckland Council receives on or about 20 January 2011 (including the levy money it receives by operation of section 35 section 32
11: In relation to the levy money that the Auckland Council receives in the period from 20 April 2011 until the date on which it completes its review of the ACWMMP, the Council may spend the money in one or both of the following ways:
a: under section 32
b: for the purposes of making an assessment under section 51
12: Section 62 Titles to land
85: Titles to land
1: The Registrar-General of Land must, on written application by any person authorised by the Council and on payment of any prescribed fee,—
a: register the Council, in substitution for an existing local authority, council-controlled organisation, or other entity, as the proprietor of the estate or the interest of the existing local authority, council-controlled organisation, or entity in any registered land transferred to the Council under this Act or the Reorganisation Act; and
b: make the entries in the register and generally do all the things as may be necessary to give effect to this section.
2: The Registrar-General of Land must, on written application by any person authorised by the council-controlled organisation and on payment of any prescribed fee,—
a: register the council-controlled organisation as the proprietor, in substitution for an existing local authority, existing council-controlled organisation, or other entity, of the estate or the interest of the existing local authority, existing council-controlled organisation, or entity in any registered land transferred to the council-controlled organisation under this Act or the Reorganisation Act; and
b: make the entries in the register and generally do all the things as may be necessary to give effect to this section. Establishment of Pacific and Ethnic Advisory Panels for Auckland
86: Establishment of Pacific and Ethnic Advisory Panels for Auckland
1: The mayor of Auckland Council must, not later than 31 March 2011,—
a: establish a Pacific Peoples Advisory Panel; and
b: establish an Ethnic Peoples Advisory Panel; and
c: appoint the members of each panel.
2: The purposes of the Pacific Peoples Advisory Panel are—
a: to identify and communicate to the Council the interests and preferences of the Pacific peoples of Auckland in relation to—
i: the content of the strategies, policies, plans, and bylaws of the Council; and
ii: any matter that the Panel considers to be of particular interest or concern to the Pacific peoples of Auckland; and
b: to advise the mayor, and the Council's governing body and local boards, of the Council processes and mechanisms for engagement with Pacific peoples and communities in Auckland.
3: The purposes of the Ethnic Peoples Advisory Panel are—
a: to identify and communicate to the Council the interests and preferences of the ethnic peoples of Auckland in relation to—
i: the content of the strategies, policies, plans, and bylaws of the Council; and
ii: any matter that the Panel considers to be of particular interest or concern to the ethnic peoples of Auckland; and
b: to advise the mayor, and the Council's governing body and local boards, of the Council processes and mechanisms for engagement with ethnic peoples and communities in Auckland.
4: On 1 November 2013,—
a: the requirements of subsection (1) cease to have effect; and
b: the Pacific Peoples Advisory Panel and the Ethnic Peoples Advisory Panel are disestablished.
5: Nothing in this section limits or affects the mayor's powers under section 9(3)﻿(a) Remuneration Authority determination
87: Remuneration Authority determination
1: This section applies to the Remuneration Authority determination made under section 51
2: The determination remains in force for the purposes of payments under clause 12 Regional facilities Acts
88: Effect of dissolution of existing local authorities on regional facilities Acts
1: In this section, regional facilities Acts
a: the Auckland War Memorial Museum Act 1996 AWMMA
b: the Museum of Transport and Technology Act 2000 MOTATA
c: the Auckland Regional Amenities Funding Act 2008 ARAFA
2: The dissolution of the existing local authorities under section 35(1)
a: no appointments can be made to the Auckland Museum Electoral College constituted by section 13(1)
b: no contributing authorities (as defined in section 2 section 3 section 4
3: Subject to certain exceptions stated in the section, section 35(1)
4: The regional facilities Acts are amended by section 113(1)
a: to make consequential amendments in relation to the matters in subsection (2); and
b: to make consequential amendments in relation to the matter in subsection (3).
3: Savings and transitional provisions relating to local authorities other than Auckland Council
89: Long-term
1: Without further authority than this section, until 30 June 2012, the long-term
a: the 2009/2019 long-term
b: the 2009/2019 long-term
2: Without further authority than this section, until 30 June 2012, the long-term
a: the 2009/2019 long-term
b: the 2009/2019 long-term Section 89 heading amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 89(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 89(1)﻿(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 89(1)﻿(b) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 89(2) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 89(2)﻿(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 89(2)﻿(b) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
90: Annual plans for 2011/2012 financial year
1: This section applies to the 2011/2012 financial year annual plans for the following local authorities:
a: Hauraki District Council:
b: Waikato District Council:
c: Waikato Regional Council.
2: Section 95 Schedule 10 section 89
91: Regional land transport programme
1: This section applies to the Auckland regional land transport programme prepared by the Auckland Regional Transport Authority under Part 2
2: The whole or relevant part of any activities or combinations of activities included in the programme that are to be constructed or undertaken in the part of the former Franklin District that, as a result of the boundary adjustment Order, is now part of the Waikato Region must be treated as part of the regional land transport programme approved by the Waikato Regional Council for the 3 financial years commencing 1 July 2009.
92: Solid waste
1: On and from 1 November 2010,—
a: the Hauraki District Council's waste management and minimisation plan is deemed to include that part of the former Franklin District included in the Hauraki District as a result of the boundary adjustment Order; and
b: the Waikato District Council's waste management and minimisation plan is deemed to include that part of the former Franklin District included in the Waikato District as a result of the boundary adjustment Order.
2: Subsections (3) and (4) apply to a territorial authority to which both of the following apply:
a: its boundaries are affected by the boundary adjustment Order; and
b: it receives a share of levy money under section 31
3: In relation to the levy money that the territorial authority receives on or about 20 January 2011, the authority may spend it under section 32
4: In relation to the levy money that a territorial authority receives on or after 20 April 2011, the authority may spend the money only under section 32
93: Section 81 of Resource Management Act 1991 applies
1: Section 81
a: the inclusion of areas of the former Franklin District in the Hauraki District:
b: the inclusion of areas of the former Franklin District in the Waikato District:
c: the inclusion of areas of the former Auckland Region in the Waikato Region.
2: This section is for the avoidance of doubt.
94: Resource management
1: Terms defined in the Resource Management Act 1991 RMA
2: In this section, area
3: Any matter under the RMA relating to an area that was lodged, notified, or commenced by or with the existing local authority, but not determined or completed by the existing local authority, is transferred to the local authority that has gained jurisdiction over that area.
4: Where any change to an operative plan, or variation to a proposed plan, relating to an area has been publicly notified but the process has not been completed by the existing local authority before 1 November 2010, the process continues on and after 1 November 2010 as if it had been publicly notified by the local authority that has gained jurisdiction over that area.
5: Resource consents, certificates of compliance, or other RMA matters granted, issued, or approved in respect of an area by the existing local authority continue to have effect as if granted, issued, or approved by the local authority that has gained jurisdiction over the area.
95: Franklin District Council development contributions not transferred to Auckland Council
1: This section applies to development contributions under subpart 5
2: Where the Hauraki District or the Waikato District gains territory from the former Franklin District in accordance with the boundary adjustment Order, any development contributions owing to or required by the former Franklin District Council in respect of that territory are owed to or required by the Hauraki District Council or the Waikato District Council, as the case may be.
3: Any subsequent obligation under section 209 210
96: Hauraki District Council and Waikato District Council may require schedule development contributions
2012-07-01 Local Government (Auckland Transitional Provisions) Act 2010 Section 96 expired 1 July 2012
2: Transitional provisions relating to employment
1: Preliminary matters
97: Overview of Part
1: This section—
a: is a guide to the general scheme and effect of this Part; and
b: does not affect the interpretation or application of the other provisions of this Part.
2: Subpart 1
3: Subpart 2
4: Subpart 3
5: Subpart 4 Part 6A KiwiSaver Act 2006
6: Subpart 5
98: Interpretation
1: In this Part, unless the context otherwise requires,— chief executive
a: means the chief executive of the Auckland Council appointed under section 17
b: includes the Auckland Transition Agency established by section 10
i: no person is, for the time being, appointed as chief executive; or
ii: the chief executive agrees to the Auckland Transition Agency exercising his or her powers existing employer
a: an existing local authority:
b: a terminating organisation new employer
a: means, as the case requires,—
i: the Auckland Council:
ii: Auckland Transport:
iii: Watercare Services Limited:
iv: a council-controlled organisation of the Auckland Council:
v: a subsidiary of a council-controlled organisation of the Auckland Council; but
b: means, in relation to an employee who has not received a notice in accordance with section 100(4)
i: the Auckland Council, if the employee is employed by an existing local authority or a terminating organisation (other than the Auckland Regional Transport Authority or Auckland Regional Transport Network Limited):
ii: Auckland Transport, if the employee is employed by the Auckland Regional Transport Authority or Auckland Regional Transport Network Limited Reorganisation Act Local Government (Tamaki Makaurau Reorganisation) Act 2009
2: A term used in a definition in subsection (1) that is defined in the Reorganisation Act Local Government (Auckland Council) Act 2009
3: For the purposes of this Part, a position is not to be treated as not the same or a substantially similar position because the position is at a different location.
4: For the purposes of this Part, a position at another location is to be treated as a position at a different location if—
a: a change to the other location would, applying the employee's existing employment agreement, amount to a substantial change in the employee's terms and conditions of employment; or
b: the other location is outside the geographical boundaries in respect of which the employee's existing employer operates and the other location is not a reasonable commuting distance from the employee's place of residence, having regard to—
i: the distance between the old and new sites and the employee's place of residence; and
ii: the employee's usual travel arrangements; and
iii: the availability of suitable public transport; and
iv: the employee's personal circumstances; or
c: the employee's existing employment agreement does not specify whether a location change affects the terms and conditions of employment and the other location is not a reasonable commuting distance from the employee's place of residence, having regard to—
i: the distance between the old and new sites and the employee's place of residence; and
ii: the employee's usual travel arrangements; and
iii: the availability of suitable public transport; and
iv: the employee's personal circumstances.
5: A position at another location is also to be treated as a position at a different location if—
a: the employee's existing employer's operations cover more than 1 local authority; and
b: the location of the employee's position is in the district of one local authority; and
c: the location of the other position is in the district of another local authority; and
d: the location of the other position is not a reasonable commuting distance from the employee's place of residence having regard to—
i: the distance between the old and new sites and the employee's place of residence; and
ii: the employee's usual travel arrangements; and
iii: the availability of suitable public transport; and
iv: the employee's personal circumstances.
6: In this Part, references to accepting an offer of a position with a new employer include—
a: acceptance of an offer after it has been varied by negotiation; and
b: acceptance of any subsequent offer after the first offer is notified, whether the first offer is accepted or declined.
7: To avoid doubt, terms and conditions
a: a fixed term included in an employment agreement in accordance with section 66
b: a trial provision included in an employment agreement in accordance with section 67A
99: Advance exercise of powers
Anything done before the commencement of this Part that would have complied with this Part had it been in force is to be treated as having been done under and in accordance with this Part.
2: Review of employment positions
100: Review of employment positions
1: The chief executive must, in accordance with the change management plan developed in accordance with section 13(2)﻿(b)
a: review the position of persons employed by existing employers; and
b: decide in relation to each employee whether—
i: to offer the employee the same or a substantially similar position with a new employer; or
ii: to offer the employee a position with a new employer that is not the same or a substantially similar position; or
iii: to terminate the employee's employment as at the close of 31 October 2010.
2: If the chief executive decides that an employee is to be offered a position with a new employer, the chief executive must also decide—
a: who the new employer is to be; and
b: whether the employee is to be offered the same or a substantially similar position with the new employer; and
c: if the employee is to be offered a position that is not the same or a substantially similar position with the new employer, the terms and conditions of employment to be offered to the employee.
3: If the chief executive proposes to decide that a person's new employer is to be other than the Auckland Council, the chief executive must not make a decision unless he or she has consulted the chief executive or interim chief executive (as the case may be) of the other new employer.
4: The chief executive must, by 30 September 2010,—
a: complete the review and make the necessary decisions under subsections (1) and (2); and
b: notify in writing each employee and the employee's existing employer of the decision made in relation to the employee in the terms of subsection (1)﻿(b); and
c: in the case of employees who are being offered positions with a new employer, notify each employee concerned—
i: of who the new employer is; and
ii: whether the employee is being offered the same or a substantially similar position with the new employer; and
iii: if the employee is being offered a position that is not the same or a substantially similar position, of the terms and conditions of employment of the position being offered; and
iv: of the date by which the employee is to notify the chief executive as to whether the employee accepts or declines the offer.
101: Transfer of employment positions
1: This section applies to—
a: employees who have been notified in accordance with section 100(4)
i: accepted an offer of the same or a substantially similar position with a new employer on and from 1 November 2010; or
ii: neither accepted nor declined an offer of the same or a substantially similar position with a new employer on and from 1 November 2010; and
b: employees who have been notified in accordance with section 100(4)
c: employees whose employment position is subject to review under section 100 section 100(4)
2: Every employee referred to in subsection (1)﻿(a) or (c) becomes an employee of his or her new employer, on and from 1 November 2010, on the same terms and conditions as applied immediately before he or she became an employee of his or her new employer.
3: Every employee referred to in subsection (1)﻿(b) becomes an employee of his or her new employer, on and from 1 November 2010, on the terms and conditions notified under section 100(4)﻿(c)
4: The terms and conditions of employment of an employee referred to in subsection (2) or (3) continue to apply in relation to the employee until—
a: the terms and conditions are varied—
i: by agreement between the employee and his or her new employer; or
ii: in accordance with the employee's terms and conditions of employment; or
iii: because of the application of section 61(1)﻿(b)
b: the employee accepts a subsequent position with his or her new employer.
5: To avoid doubt, subsections (2) and (3) apply,—
a: in the case of an employee bound by an applicable collective agreement, subject to section 61(1)﻿(b)
b: in the case of an employee not bound by an applicable collective agreement, subject to any variation in terms and conditions of employment agreed to before 1 November 2010, but to come into force on that date.
6: This section applies subject to an employee resigning before 1 November 2010 or his or her employment being terminated before 1 November 2010.
102: Employees who neither accept nor decline offer of position that is not same or substantially similar or position at different location
1: This section applies to employees who have been notified in accordance with section 100(4) section 100(4)﻿(c)﻿(iv)
a: that is not the same or substantially similar with a new employer:
b: that is at a different location.
2: The employment of the employees is terminated on and from 1 November 2010.
3: This section applies subject to an employee resigning before 1 November 2010 or his or her employment being terminated before 1 November 2010.
3: Redundancy and other compensation
103: Employees not entitled to redundancy or other compensation just because position or employer ceases to exist
Except as provided in this subpart, an employee of an existing employer is not entitled to receive any payment or any other benefit ( compensation
a: the position held by the employee with an existing employer has ceased to exist; or
b: the employee has ceased to be an employee of an existing employer; or
c: the employee's employer ceases to exist.
104: Whether employees entitled to redundancy or other compensation
1: The following table specifies whether and to what extent an employee of an existing employer is entitled to compensation because his or her position with an existing employer has ceased to exist or his or her employer has ceased to exist: The following table is small in size and has 3 columns. Columns 1 to 3 are grouped under the heading Employee offered same or substantially similar position with new employer. Employee offered same or substantially similar position with new employer Employee accepts offer
a: position is at new location any relocation compensation payable under section 105
b: position is at same location no compensation payable Employee declines offer
a: position is at different location contractual compensation (if any) payable
b: position not at different location no compensation payable The following table is small in size and has 3 columns. Columns 1 to 3 are grouped under the heading Employee offered position that is not same or substantially similar. Employee offered position that is not same or substantially similar Employee accepts offer
a: position is at new location at same remuneration any relocation compensation payable under section 105
b: position is at new location at lower remuneration
i: any relocation compensation payable under section 105
ii: payment of remuneration during the 6 months beginning on 1 November 2010 (or any later date agreed to) at rate not less than rate payable to employee immediately before close of 31 October 2010
c: position at same location at lower remuneration payment of remuneration during the 6 months beginning on 1 November 2010 (or any later date agreed to) at rate not less than rate payable to employee immediately before close of 31 October 2010
d: position at same location at same remuneration no compensation payable Employee declines offer – contractual compensation (if any) payable The following table is small in size and has 3 columns. Columns 1 to 3 are grouped under the heading Employee notified that employment terminated as at close of 31 October 2010. Employee notified that employment terminated as at close of 31 October 2010 – – contractual compensation (if any) payable
2: In subsection (1), offer
a: acceptance of an offer as notified under section 100
b: if the offer is varied by negotiation, acceptance of the offer as varied; or
c: if any subsequent offer is made after the offer notified in section 100
3: This section applies subject to section 106
105: Compensation if employee accepts position at new location
1: If an employee referred to in section 101(1)﻿(a) or (b) section 98
a: any compensation otherwise payable under the terms and conditions of employment applicable immediately before the close of 31 October 2010 as if the employee had continued to be employed by his or her existing employer; but
b: if no compensation is payable under paragraph (a) or any compensation payable under paragraph (a) is less favourable than the compensation provided in the following table, compensation by way of a single amount in accordance with the following table: The following table is small in size and has 2 columns. Column 1 is headed Distance differential. Column 2 is headed Amount payable. Distance differential Amount payable less than 2 kms nil 2 kms or more, but less than 8 kms $500 8 kms or more, but less than 12 kms $900 12 kms or more, but less than 20 kms $1,350 20 kms or more $2,000
2: In the table in subsection (1)﻿(b),— distance distance differential
a: the distance as at 31 October 2010 from the employee's normal residence to the employee's place of work with his or her existing employer; and
b: the distance as at 1 November 2010 (or any later date on which the employee's place of work shifts to the new location) from the employee's normal residence to the employee's place of work with his or her new employer.
106: Compensation deferred if permanent employee accepts fixed term employment
1: This section applies to an employee who is a permanent employee of an existing employer and accepts a position under this Part with a new employer, but the position is for a fixed term within the meaning of section 66
2: Any compensation payable to the employee in relation to the employee's permanent employment is not to be paid until the conclusion of his or her fixed term employment.
3: Subsection (2) applies subject to subsection (4).
4: Compensation deferred under subsection (2) ceases to be payable to the employee if the employee, before the end of his or her fixed term employment with the new employer, accepts an offer of permanent employment with the new employer (whether the permanent employment begins before or after the end of the fixed term employment).
5: However, if the permanent position accepted by the employee is a position at a new location or at lower remuneration or both, then the employee is entitled to relocation compensation or 6 months' payment of remuneration at a higher level or both (as the case may be) to the same extent as if the employee's permanent position had started on 1 November 2010.
107: Which employer responsible for paying compensation
1: If an employee's employment is to be terminated, the employee's existing employer must ensure that any compensation payable under section 104
2: However, if an employee's compensation is deferred under section 106
3: Any compensation payable to an employee who is offered and accepts employment with a new employer is payable by the employee's new employer.
4: Any compensation payable under section 105
4: Related matters
108: Continuity of employment
1: Subsections (2) and (3) apply for the purposes of every law, determination, contract, and agreement relating to the employment of an employee who, under this Part, becomes an employee of a new employer.
2: The employment agreement of the employee is to be treated as continuous.
3: The employee's period of service with his or her existing employer, and every other period of service of the employee that is recognised by his or her existing employer, is to be treated as a period of service with the employee's new employer.
109: KiwiSaver Act 2006 does not apply to transferred employee
The employment of an employee who becomes an employee of a new employer under this Part does not constitute new employment for the purposes of the KiwiSaver Act 2006
110: Application of Part 6A of Employment Relations Act 2000
Part 6A
a: does not apply in relation to a person whose employment is subject to review under section 100
b: does apply in relation to the person if—
i: his or her employment is terminated as a result of a restructuring within the meaning of that Part; and
ii: the work performed by the person is to be performed by or on behalf of another person that is not a new employer within the meaning of this Part.
5: Collective bargaining and collective agreements
111: Collective bargaining before 1 November 2010 for variation of collective agreement or for new collective agreement to come into force on that date
1: Subsection (2) applies if—
a: the employees whose positions are subject to review under section 100 Employment Relations Act 2000
b: the union or unions that are parties to the collective agreement and the chief executive or the chief executive of another new employer enter into bargaining to vary or to replace the collective agreement with 1 or more new collective agreements and the variation or new collective agreement or agreements are intended to come into force on 1 November 2010.
2: For the purposes of the bargaining in the period from the commencement of this Act to the close of 31 October 2010,—
a: the employees are to be treated as if they were employees of their new employer; and
b: their new employer is to be treated as if it were a party to the collective agreement; and
c: section 41
d: the other provisions of the Employment Relations Act 2000
3: For the purposes of ratifying a collective agreement or a variation of a collective agreement, a person is to be treated as an employee only if—
a: the person—
i: has accepted an offer notified under section 100
ii: has neither accepted nor declined an offer notified under section 100
iii: has not received notice of an offer under section 100
b: the following work comes within the coverage clause in the collective agreement—
i: work to be done by the person for his or her new employer (if paragraph (a)﻿(i) applies):
ii: work done by the person for his or her existing employer (if paragraph (a)﻿(ii) or (iii) applies).
4: A person whose employment is subject to review under section 100 section 100
a: has declined an offer of a position with a new employer; or
b: has been notified that his or her employment is to be terminated on and from 1 November 2010; or
c: his or her employment is terminated before that date or he or she resigns before that date.
112: Application of existing collective agreements on and from 1 November 2010
1: Subsection (2) applies if—
a: employees of an existing employer—
i: have received and—
A: accepted an offer of employment with a new employer made under section 100
B: neither accepted nor declined an offer of a position that is the same or substantially similar with a new employer made under section 100
ii: have not been notified in accordance with section 100
b: the employees are bound by a collective agreement under the Employment Relations Act 2000
c: the collective agreement does not expire until after 1 November 2010.
2: On and from 1 November 2010,—
a: the collective agreement is to be treated as a separate collective agreement in relation to each new employer; and
b: a new employer is to be treated as a party to the collective agreement in place of the previous employer; and
c: the collective agreement continues to apply to and bind only the employees referred to in subsection (1) to the extent that the nature of the work they undertake for the new employer comes within the coverage clause of the collective agreement.
3: However, subsection (2) applies subject to the extent that the collective agreement as a separate collective agreement is not replaced or varied on 1 November 2010 by a collective agreement or a variation of a collective agreement negotiated under section 111
4: The union that is a party to a separate collective agreement under this section may, by notice in writing to the new employer that is a party to the agreement, specify a date on which the agreement is to expire, being a date that is earlier than a date on which the agreement would otherwise expire under section 52(3)
3: Amendments and repeals
113: Consequential amendments
1: The enactments listed in the Schedule
2: Section 6(4)﻿(g) 2010-11-01 Franklin-Manukau Pests Destruction Act 1971 Goods and Services Tax Act 1985 Government Roading Powers Act 1989 Hauraki Gulf Marine Park Act 2000 Income Tax Act 2007 Land Transport Management Act 2003 Litter Act 1979 Local Electoral Act 2001 Local Government Act 1974 Local Government Amendment Act 1992 Local Government Amendment Act 1998 Local Government (Auckland) Amendment Act 2004 Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Local Legislation Act 1961 Local Legislation Act 1966 Ombudsmen Act 1975 Orakei Act 1991 Public Audit Act 2001 Public Transport Management Act 2008 Rating Valuations Act 1998 Reserves and Other Lands Disposal Act 1952 Resource Management Act 1991 Auckland and Manukau Canal Act 1908 Auckland Aotea Centre Empowering Act 1985 Auckland City and Auckland Harbour Board Empowering Act 1914 Auckland City and Auckland Museum Empowering Act 1924 Auckland City Council and Auckland Harbour Board Empowering Act 1950 Auckland City Council and Motuihi Island Domain Board Empowering Act 1930 Auckland City Council (Newmarket Land Vesting) Act 1998 Auckland City Council (Remuera Shopping Development) Empowering Act 1975 Auckland City Council (Reserves Disposal) Empowering Act 1982 Auckland City Council (St Heliers Bay Reserve) Act 1995 Auckland City Council (Workers' Homes) Vesting and Empowering Act 1991 Auckland City Empowering Act 1932–33 Auckland Domain Act 1987 Auckland Harbour Board Act 1885 Auckland Harbour Board and Birkenhead Borough Empowering Act 1907 Auckland Harbour Board and Devonport Borough Council Empowering Act 1905 Auckland Harbour Board and Takapuna Borough Council Empowering Act 1923 Auckland Harbour Board (Auckland Regional Authority Pikes Point East Reclamation) Empowering Act 1976 Auckland Harbour Board Empowering Act 1894 Auckland Harbour Board Empowering Act 1900 Auckland Harbour Board (Half Moon Bay) Vesting and Empowering Act 1968 Auckland Harbour Board (Princes Wharf) Empowering Act 1989 Auckland Harbour Board (Reclamation) Empowering Act 1967 Auckland Harbour Board (Tamaki Port Industrial Estate) Vesting and Empowering Act 1967 Auckland Improvement Trust Act 1971 Auckland Regional Amenities Funding Act 2008 Auckland Regional Authority Act 1963 Auckland Reserves Exchange and Change of Trust Act 1881 Auckland Transport Board Empowering Act 1932–33 Auckland Transport Board Empowering Act 1934 Auckland War Memorial Museum Act 1996 Auckland War Memorial Museum Site Empowering Act 2003 Cities of Takapuna and Waitemata (Upper Harbour Bridge) Empowering Act 1976 Devonport Borough Vesting Act 1915 Manukau City Council (Pine Harbour Marina Seabed Licence Validation) Act 1994 Mount Smart Regional Recreation Centre Act 1985 Museum of Transport and Technology Act 2000 Newmarket Borough Council (Car Park Development) Empowering Act 1981 North Shore Drainage Act 1963 Rodney County Council (Gulf Harbour) Vesting and Empowering Act 1977 Rodney County Council (Mahurangi Harbour) Vesting and Empowering Act 1977 Tamaki River Reclamation Act 1960 Waitakere Ranges Heritage Area Act 2008 Waitemata City Council (Lincoln Road) Revesting Act 1987 Waitemata City Council (Vehicle-Testing Station) Act 1987 Waitemata City Council (West Harbour) Empowering Act 1979 Waitemata County Council Empowering Act 1966 Waitemata County Council Empowering Act 1971 Airport Authorities (Auckland City Council) Order 2006 Auckland International Airport By-laws Approval Order 1989 Citizenship Regulations 2002 Local Government (Auckland) Amendment Act Order 2007 Local Government (Watercare Services Limited) Order 2007 Railway Operator (Auckland Regional Transport Authority) Order 2006 Sentencing (Orders of Reparation) Order 2006 Not in database: Auckland Metropolitan Drainage Amendment Act 1951 2012-07-01 Local Government Act 2002
114: Repeal of Auckland Metropolitan Drainage Act 1960
1: The Auckland Metropolitan Drainage Act 1960
2: Despite subsection (1), sections 75 77 79 81 84 section 25
3: However, if the Auckland Council makes a new trade waste bylaw before 1 July 2015, subsection (2) ceases to apply. 2010-11-01 Auckland Metropolitan Drainage Act 1960
4: Process for development of first combined plan for Auckland Council
Part 4 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
115: Overview of this Part
1: This Part sets out the following process for the preparation of the first Auckland combined plan:
a: the Auckland Council prepares a proposed plan for Auckland that meets the requirements of a regional policy statement, a regional plan, including a regional coastal plan, and a district plan:
b: the plan is prepared in accordance with this Part and, to the extent provided for by this Part, the RMA
c: the plan is not required to include district plan provisions in relation to the Hauraki Gulf Islands (the district plan provisions of the former Auckland City Council in relation to those islands will become operative as part of an existing separate process):
d: the Council prepares its reports on the proposed plan under sections 32 165H(1A)
e: the Council notifies the proposed plan and calls for submissions:
f: the Council notifies a summary of submissions and calls for further submissions:
g: the Council then forwards all relevant information obtained up to this point to a specialist Hearings Panel appointed by the Minister for the Environment and the Minister of Conservation:
h: the Hearings Panel holds a Hearing into submissions on the proposed plan by means of hearing sessions conducted in accordance with the procedural and other requirements of this Part:
i: the Council must attend the hearing sessions and otherwise assist the Hearings Panel with the task of the Hearing:
j:
ja: the Hearings Panel may make recommendations to the Council in respect of a particular topic once it has finished hearing submissions on that topic:
k: after it has received all of the Hearings Panel’s recommendations, the Council must make decisions on the recommendations within 20 working days
l: the proposed plan is amended in accordance with the Council's decisions on the recommendations and is deemed, subject to the appeal rights of submitters, to be approved or adopted, as the case may be:
m: submitters on the proposed plan may appeal to the Environment Court on those recommendations of the Hearings Panel that the Council rejects:
n: submitters on the proposed plan may appeal to the High Court, on a point of law only, on those recommendations of the Hearings Panel that the Council accepts:
o: once all appeals are determined, the Council must then publicly notify the operative date of the proposed plan.
2: This section is only a guide to the general scheme and effect of this Part. It does not affect the interpretation or application of the other provisions of the Part. Section 115 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 115(1)﻿(j) amended 24 November 2015 section 10 Local Government (Auckland Transitional Provisions) Amendment Act 2015 Section 115(1)﻿(ja) inserted 24 November 2015 section 10 Local Government (Auckland Transitional Provisions) Amendment Act 2015 Section 115(1)﻿(k) amended 24 November 2015 section 10 Local Government (Auckland Transitional Provisions) Amendment Act 2015
116: Interpretation
1: In this Part, unless the context requires another meaning,— Auckland section 4(1) Auckland combined plan section 122 Auckland Council Council
a: means the local authority established by section 6(1)
b: includes a member, delegate, or officer of the Council acting on its behalf chairperson coastal marine area section 2(1) Hearing hearing session Hearings Panel Panel section 161 Independent Māori Statutory Board Part 7 member Ministry proposed plan sections 121 to 126 requiring authority
a: a requiring authority within the meaning of section 166
b: a heritage protection authority within the meaning of section 187 RMA Resource Management Act 1991 submission
a: means a written or an electronic submission received by the Auckland Council on the proposed plan; and
b: includes a further written or electronic submission on the proposed plan submitter working day section 2(1)
2: Unless the context requires another meaning, references in this Part, whether express or implied, to a district plan for Auckland mean the plan for the district excluding the geographic area to which the Hauraki Gulf Islands section of the district plan of the former Auckland City Council applies (which, as a proposed plan, was notified on 18 September 2006 and amended by decisions notified on 4 May 2009).
3: Unless the context requires another meaning, a term or expression used and not defined in this Part, but defined in the RMA Section 116 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
117: Application of this Part
1: This Part applies only to the preparation of the first Auckland combined plan.
2: To avoid doubt, once the Auckland combined plan is operative, the plan may be changed only in accordance with the RMA Section 117 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
118: Certain early actions permitted
1: This section applies to any actions relating to preparation of the Auckland combined plan that—
a: were performed by the Auckland Council or another person before the commencement of this Part; and
b: would have complied with the provisions listed in subsection (2) had they been performed after the commencement of this Part.
2: The provisions are as follows:
a: clauses 1 to 4 section 123
b: section 126(3)﻿(a) and (b)
3: The actions must be treated as actions performed under this Part. Section 118 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
119: Regulations relating to preparation of Auckland combined plan
1: This section provides for regulations to be made that specifically relate to the preparation of the Auckland combined plan.
2: Regulations may be made under section 360(1) Section 119 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
120: Components of district plan for Auckland
1: This section describes, to avoid doubt, the components of the district plan for Auckland once—
a: the Auckland combined plan is operative; and
b: the Hauraki Gulf Islands section referred to in section 116(2)
2: The district plan for Auckland will comprise—
a: the provisions of the Hauraki Gulf Islands section, in respect of the geographic area to which that section applies; and
b: the district plan provisions of the Auckland combined plan, in respect of the geographic area of the rest of Auckland. Section 120 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Initial preparation of proposed Auckland combined plan Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
121: Preparation of first Auckland combined plan
1: The Auckland combined plan, and the documents that make up the plan, must be prepared in accordance with—
a: this Part; and
b: the RMA, except the provisions of the RMA that—
i: are excluded from applying by this Part; or
ii: correspond to provisions of this Part.
2: Anything done under a provision of this Part is to be treated as if it were done under any provision of the RMA that corresponds to the provision of this Part.
3: In this section, a provision of the RMA corresponds
a: is replaced, with or without modification, by the provision of this Part; or
b: otherwise corresponds to the provision of this Part.
4: Despite section 117(1) Section 121 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
122: Auckland combined plan to combine regional and district documents
1: The Auckland Council must prepare, implement, and administer a document (the Auckland combined plan
a: a regional policy statement for Auckland:
b: a regional plan, including a regional coastal plan, for Auckland:
c: a district plan for Auckland.
2: The Auckland combined plan must clearly identify—
a: the provisions of the document that are the regional policy statement, the regional plan, the regional coastal plan, or the district plan, as the case may be; and
b: the objectives, policies, and methods set out or described in the document that have the effect of being provisions of the regional policy statement.
3: Once the Auckland combined plan is approved by the Auckland Council, it is deemed, for the purposes of the RMA, to be a plan or regional policy statement separately prepared and approved by the Council for its region or district, as the case may be. Section 122 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
123: Initial preparation of Auckland combined plan
1: A reference in this section to a clause is to a clause of Schedule 1
2: The Auckland Council must initially prepare the Auckland combined plan in accordance with clauses 1 to 8A
3: The Auckland Council must comply with section 126 section 32 clause 5(1)﻿(a) section 165H(1A)
4: Clause 5(1A) and (1C)
5: Clause 5(1B)
6: Clause 5(2)﻿(e)
a: an address for service for written submissions; and
b: an email address for service for electronic submissions.
7: Clause 5(3)﻿(a)
8: Clause 7(1)﻿(c)
9: Clause 1(2) section 37
10: A person who makes an electronic submission under clause 6 8 Section 123 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
124: Restriction on amendments or variations to Auckland combined plan
1: This section and section 125 section 148(4)﻿(a)
2: The Auckland Council may amend the proposed plan—
a: under any provision of the RMA or another enactment that provides for amendments to be made to a proposed regional policy statement or proposed plan without using the process in Schedule 1
b: as a result of the Council's decisions on the recommendations of the Hearings Panel.
3: If the Auckland Council amends the proposed plan under a provision described in subsection (2)﻿(a), the Council must—
a: give notice of the amendments to the Hearings Panel; and
b: make the amendments available for inspection on its Internet site and at its offices; and
c: if the provision requires public notice of the amendment, give public notice in accordance with the provision.
4: The Auckland Council may vary the proposed plan in accordance with a direction of the Hearings Panel.
5: The Hearings Panel may direct the Auckland Council to vary the proposed plan if the Panel is satisfied that—
a: the variation is required—
i: to give effect to a provision in a national policy statement, or New Zealand coastal policy statement, that affects the proposed plan; or
ii: to give effect, in the provisions of the proposed plan comprising the regional plan or district plan, to the provisions of the proposed plan comprising the regional policy statement; or
iii: to correct a substantial error in the proposed plan; and
b: the Panel is able to deal with the variation as provided in subsection (7) before the deadline for providing its report (or reports) section 146 147
6: The Auckland Council must deal with the variation under section 125
7: The Hearings Panel must deal with the variation under sections 128 to 145 section 145(1)﻿(d)
8: Clause 16B(1) and (2) Panel to provide, in a report under section 144(7)
9: In sections 148 to 159 Section 124 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 124(5)﻿(b) amended 24 November 2015 section 10 Local Government (Auckland Transitional Provisions) Amendment Act 2015 Section 124(8) amended 24 November 2015 section 10 Local Government (Auckland Transitional Provisions) Amendment Act 2015
125: Variation to Auckland combined plan
1: This section specifies the initial process for a variation to the Auckland combined plan that is permitted by section 124(4)
2: A reference in this section to a clause is to a clause of Schedule 1
3: The Auckland Council must deal with the variation in accordance with clauses 1 to 8A 16A(2)
4: Section 126 section 32 clause 5(1)﻿(a) section 165H(1A)
5: Clause 5(1A) and (1C)
6: Clause 5(2)﻿(e)
a: an address for service for written submissions; and
b: an email address for service for electronic submissions.
7: Clause 1(2) section 37
8: A person who makes an electronic submission under clause 6 8 Section 125 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
126: Audit of evaluation report on proposed Auckland combined plan
1: This section applies to the following reports of the Auckland Council on the relevant parts of the proposed plan:
a: the evaluation report prepared under section 32
b: the report prepared under section 165H(1A)
2: The Auckland Council must electronically provide the reports to the Ministry as soon as practicable after they are prepared, but no later than the day on which the proposed plan is publicly notified.
3: The Ministry must audit the reports, or have the reports audited, against criteria that have been—
a: determined by the Ministry after consultation with the Auckland Council; and
b: specified in a written notice from the chief executive of the Ministry to the Auckland Council.
4: The Ministry must prepare a report, or have a report prepared, of the audit and electronically provide the audit report to the Auckland Council as soon as practicable, but no later than 30 working days after the day on which the Ministry received the reports for auditing.
5: The Auckland Council must make the audit report available for public inspection as soon as practicable after receiving it. Section 126 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
127: Auckland Council must provide relevant information to Hearings Panel
1: The Auckland Council must provide copies of the following to the Hearings Panel:
a: the proposed Auckland combined plan that was publicly notified:
b: any notices about designations, or notices of requirements for designations or heritage orders, referred to in clause 4(5)
c: the information about requirements referred to in clause 4(7)
d: the Council’s evaluation report prepared under section 32 section 165H(1A)
e: the audit report provided to the Council under section 126(4)
f: the submissions on the proposed plan received by the closing date for submissions:
g: the Council's summary of the decisions requested by submitters:
h: the further submissions on the proposed plan received by the closing date for further submissions:
i: any submissions or further submissions received after the relevant closing date, along with information about when the submissions were received:
j: the planning documents that are recognised by an iwi authority and lodged with the Council:
k: any amendments the Council makes to the proposed plan under section 124(2)﻿(a)
l: any other relevant information held by the Council that is requested by the Hearings Panel.
2: If the Council makes a variation under section 125
a: the variation that was publicly notified:
b: the Council’s evaluation report prepared under section 32 section 165H(1A)
c: the submissions on the variation received by the closing date for submissions:
d: the Council's summary of the decisions requested by submitters:
e: the further submissions on the variation received by the closing date for further submissions:
f: any submissions or further submissions received after the relevant closing date, along with information about when the submissions were received.
3: The Council must provide the documents or information electronically and as soon as is reasonably practicable in each case. Section 127 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Hearings Panel to hold Hearing into submissions on proposed plan Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
128: Hearing by Hearings Panel
1: The Hearings Panel must hold a Hearing into submissions on the proposed plan.
2: The Hearings Panel must hold each hearing session in public unless permitted to do otherwise by—
a: section 141
b: section 48 section 169 Section 128 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
129: Who may be heard
1: Every person who has made a submission and stated that they wish to be heard at the Hearing may speak at a hearing session, either personally or through a representative, and call evidence.
2: Despite subsection (1), the Hearings Panel may limit the circumstances in which parties having the same interest in a matter may speak or call evidence, if the Panel considers that there is likely to be excessive repetition.
3: Subsection (4) applies if a person who has made a submission and stated that they wish to be heard fails to appear, or any representative of the person fails to appear, at the relevant hearing session.
4: The Hearings Panel may proceed with the hearing session if it considers it fair and reasonable to do so. Section 129 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
130: Notice of hearing sessions
The Hearings Panel must give no less than 10 working days' notice of the dates, times, and places of the hearing sessions to—
a: every person who made a submission and who requested to be heard (and has not since withdrawn the request); and
b: every requiring authority that has a designation or heritage protection order included in the proposed plan. Section 130 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
131: Pre-hearing session meetings
1: Before a hearing session, the Hearings Panel may invite or require the persons listed in subsection (2) to attend a meeting for the purpose of—
a: clarifying a matter or an issue relating to the proposed plan; or
b: facilitating resolution of a matter or an issue relating to the proposed plan.
2: The persons are—
a: 1 or more submitters; and
b: the Council; and
c: any other persons that the Hearings Panel considers appropriate, including 1 or more experts.
3: A meeting may be chaired by a member of the Hearings Panel or a person appointed by the chairperson of the Panel.
4: The chairperson of the meeting must, after a meeting, prepare a report that—
a: sets out any clarification or resolution of a matter or an issue agreed between the persons who attended the meeting; and
b: sets out any outstanding matter or issue between them; and
c: addresses any matter or issue identified to the chairperson by the Hearings Panel.
5: The chairperson of the meeting must provide the report in writing or electronically to the Hearings Panel and the persons who attended the meeting no less than 5 working days before the hearing session to which the meeting relates.
6: A report prepared under subsection (4) must not, without a person's consent, include any material that the person communicated or made available at the meeting on a without-prejudice basis. Section 131 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
132: Consequences of submitter not attending pre-hearing session meeting
1: This section applies if a submitter who is required to attend a meeting under section 131
2: The Hearings Panel may decline to consider the person's submission.
3: If the Hearings Panel acts under subsection (2), the person—
a: has no rights of appeal under section 155
b: may not become, under section 274 section 155
4: However, the person may object under section 154 Section 132 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
133: Conference of experts
1: The Hearings Panel may, at any time during the Hearing, direct that a conference of experts be held for the purpose of—
a: clarifying a matter or an issue relating to the proposed plan; or
b: facilitating resolution of a matter or an issue relating to the proposed plan.
2: A conference may be facilitated by a member of the Hearings Panel or a person appointed by the Panel.
3: The facilitator of a conference must, after the conference, prepare a report on the conference and provide it in writing or electronically to—
a: the Hearings Panel; and
b: the persons who attended the conference.
4: A facilitator must act under subsection (3)﻿(a) or (b) only if the Hearings Panel requires him or her to do so.
5: A report prepared under subsection (3) must not, without a person's consent, include any material that the person communicated or made available at the conference on a without-prejudice basis.
6: To avoid doubt, the Council may attend a conference under this section only if authorised to do so by the Hearings Panel. Section 133 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
134: Alternative dispute resolution
1: The Hearings Panel may, at any time during the Hearing, refer to mediation or any other alternative dispute resolution process the persons listed in subsection (2) if—
a: the Panel considers that it is—
i: appropriate to do so; and
ii: likely to resolve issues between the parties that relate to the proposed plan; and
b: each person has consented (other than the Council, which must participate if referred by the Panel).
2: The persons are—
a: 1 or more submitters; and
b: the Council; and
c: any other person that the Hearings Panel considers appropriate.
3: The Hearings Panel must appoint the mediator or person facilitating the mediation or other process (the mediator
4: The person who conducts the mediation or other process must report the outcome to the Hearings Panel.
5: In reporting the outcome under subsection (4), material must not be included, without a person's consent, if the material was communicated or made available by the person at the mediation or other process on a without-prejudice basis. Section 134 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
135: Late submissions
1: This section applies to submissions or further submissions received after the closing date for those submissions.
2: The chairperson of the Hearings Panel must decide whether to waive the requirement to provide the submissions before that closing date in respect of each submission to which this section applies.
3: In making his or her decision, the chairperson must take into account—
a: the interests of any person who or that, in the chairperson's opinion, may be directly affected by the waiver; and
b: the need to ensure there is an adequate assessment of the effects of the proposed plan; and
c: the stage of the Hearing at which the Hearings Panel is provided with the submissions.
4: A decision of the chairperson under this section is final and there is no right of objection or appeal against it. Section 135 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Hearing procedure Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
136: Hearing procedure
1: At each hearing session, no fewer than 2
2: If the chairperson is not present, he or she must appoint another member as chairperson for the purposes of the hearing session.
3: At the hearing session, the Hearings Panel—
a: may permit a party to question any other party or witness; and
b: may permit cross-examination; and
c: must receive evidence written or spoken in Māori, in which case Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 Schedule 2
4: Otherwise, the Hearings Panel must establish a procedure for hearing sessions that—
a: is appropriate and fair in the circumstances (including in respect of the granting to a person of any waiver of the requirements of the Hearings Panel); and
b: avoids unnecessary formality; and
c: recognises tikanga Māori where appropriate.
5: The Hearings Panel must keep a full record of the hearing sessions and any other proceedings. Section 136 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 136(1) amended 24 November 2015 section 4 Local Government (Auckland Transitional Provisions) Amendment Act 2015 Section 136(3)﻿(c) amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016
137: Council must attend hearing sessions
1: The Council must attend the hearing sessions to assist the Hearings Panel in 1 or more of the following ways:
a: to clarify or discuss matters in the proposed plan:
b: to give evidence:
c: to speak to submissions or address issues raised by them:
d: to provide any other relevant information as requested by the Hearings Panel.
2: Despite subsection (1), the Hearings Panel may excuse the Council from attending or remaining at any particular hearing session.
3: A failure by the Council or the Hearings Panel to comply with this section does not invalidate the Hearing or the hearing sessions.
4: To avoid doubt, this section does not limit or prevent the Council from—
a: making a submission on the proposed plan in accordance with section 123 125
b: being heard on that submission under section 129 Section 137 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
138: Other procedural matters
1: The following provisions of the Commissions of Inquiry Act 1908
a: section 4
b: section 4B
c: section 4D
d: section 6
e: section 7
2: A summons to a witness to appear at a hearing session must be in the prescribed form and be signed by the chairperson.
3: All allowances for a witness must be paid by the party on whose behalf the witness is called.
4: However, if the Hearings Panel calls a witness, the Auckland Council must pay the allowances for that witness.
5: The Hearings Panel may request and receive, from a person who is heard by the Panel or who is represented at a hearing session, any information and advice that is relevant and reasonably necessary for the Panel to make its recommendations under section 144 Section 138 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
139: Directions to provide evidence within time limits
1: The Hearings Panel may direct a submitter or the Auckland Council to provide briefs of evidence in writing or electronically to the Panel before a hearing session.
2: The Hearings Panel may direct a submitter or the Auckland Council, if the submitter or the Council is intending to call expert evidence, to provide briefs of the evidence in writing or electronically to the Hearings Panel before a hearing session.
3: The submitter or the Auckland Council must provide briefs of evidence under this section in the time frame specified by the Hearings Panel.
4: The Hearings Panel must give electronic notice to any relevant submitters of briefs of evidence that are made available under section 143 Section 139 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
140: Directions and requests before or at hearing session
1: Before or at a hearing session, the Hearings Panel may do 1 or more of the following:
a: direct the order of business at the hearing session, including the order in which submissions and evidence are presented:
b: direct that submissions and evidence be recorded, taken as read, or limited to matters in dispute:
c: direct a submitter, when presenting a submission or evidence, to present it within a time limit:
d: request a submitter to provide further information.
2: Before or at a hearing session, the Hearings Panel may direct that the whole, or a part of, a submission be struck out if the Panel considers—
a: the whole submission, or the part, is frivolous or vexatious; or
b: that the whole submission, or the part, discloses no reasonable or relevant case; or
c: that it would otherwise be an abuse of the hearing process to allow the whole submission, or the part, to be taken further.
3: At a hearing session, the Hearings Panel may direct a submitter not to present—
a: the whole submission, if all of it is irrelevant or not in dispute; or
b: any part of the submission that is irrelevant or not in dispute; or
c: any part of the submission that does not relate to that part of the proposed plan being addressed at the hearing session.
4: If the Hearings Panel gives a direction under subsection (2), it must record its reasons for the direction.
5: A person whose submission, in whole or in part, is struck out has a right of objection under section 154 Section 140 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
141: Protection of sensitive information
1: The Hearings Panel may, on its own motion or on the application of any submitter, make an order described in subsection (2) where it is satisfied—
a: that the order is necessary to avoid—
i: serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; or
ii: the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information; and
b: that in the circumstances of the particular case, the importance of avoiding the offence, disclosure, or prejudice outweighs the public interest in making that information available.
2: An order may—
a: require that the whole or part of a hearing session or class of hearing sessions at which the information is likely to be referred to must be held with the public excluded (which order must, for the purposes of section 48(3) to (5)
b: prohibit or restrict the publication or communication of any information supplied to, or obtained by, the Hearings Panel in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement.
3: The Hearings Panel must require the Auckland Council to make available for inspection, on its Internet site and at its offices, any orders the Panel makes under this section.
4: A party to a hearing session or class of hearing sessions may apply to the Environment Court for an order cancelling or varying an order made by the Hearings Panel under this section.
5: On an application made under subsection (4), an Environment Judge sitting alone may, having regard to the matters set out in this section and to such other matters as the Environment Judge thinks fit,—
a: make an order cancelling or varying any order made by the Hearings Panel under this section on such terms as the Judge thinks fit; or
b: decline to make an order. Section 141 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
142: Hearings Panel may commission reports
1: The Hearings Panel may, at any time during the Hearing, require the Auckland Council, or commission a consultant or any other person, to prepare a report on—
a: 1 or more submissions; or
b: any matter arising from a hearing session; or
c: any other matter that the Panel considers necessary for the purposes of the Panel making its recommendations.
2: The report does not need to repeat information included in any submission.
3: Instead, the report may—
a: adopt all of the information; or
b: adopt any part of the information by referring to the part adopted.
4: The Hearings Panel—
a: may consider a report prepared under subsection (1) at the hearing session or when making its recommendations, or both; and
b: must require the Auckland Council to make the report available for inspection on its Internet site and at its offices.
5: The Hearings Panel may request and receive, from a person who makes a report under this section, any information and advice that is relevant and reasonably necessary for the Panel to make its recommendations under section 144 Section 142 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
143: Evidence and reports must be made available
1: The Hearings Panel must require the Auckland Council to make available for inspection, on its Internet site and at its offices,—
a: any written or electronic evidence, including further information provided under section 140(1)﻿(d)
b: any written or electronic report provided to the Panel under section 131 133 134
2: However, this section does not apply to any evidence or part of a report that the Hearings Panel considers it is not reasonable to make available for inspection. Section 143 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Recommendations of Hearings Panel Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
144: Hearings Panel must make recommendations to Council on proposed plan
1: The Hearings Panel must make recommendations on the proposed plan, including any recommended changes to the proposed plan.
2: The Hearings Panel may make recommendations in respect of a particular topic after it has finished hearing submissions on that topic.
3: The Hearings Panel must make any remaining recommendations after it has finished hearing all of the submissions that will be heard on the proposed plan. Scope of recommendations
4: The Hearings Panel must make recommendations on any provision included in the proposed plan under clause 4(5) or (6) section 123
5: However, the Hearings Panel—
a: is not limited to making recommendations only within the scope of the submissions made on the proposed plan; and
b: may make recommendations on any other matters relating to the proposed plan identified by the Panel or any other person during the Hearing.
6: The Hearings Panel must not make a recommendation on any existing designations or heritage orders that are included in the proposed plan without modification and on which no submissions are received. Recommendations must be provided in reports
7: The Hearings Panel must provide its recommendations to the Council in 1 or more reports.
8: Each report must include—
a: the Panel’s recommendations on the topic or topics covered by the report, and identify any recommendations that are beyond the scope of the submissions made in respect of that topic or those topics; and
b: the Panel’s decisions on the provisions and matters raised in submissions made in respect of the topic or topics covered by the report; and
c: the reasons for accepting or rejecting submissions and, for this purpose, may address the submissions by grouping them according to—
i: the provisions of the proposed plan to which they relate; or
ii: the matters to which they relate.
9: Each report may also include—
a: matters relating to any consequential alterations necessary to the proposed plan arising from submissions; and
b: any other matter that the Hearings Panel considers relevant to the proposed plan that arises from submissions or otherwise.
10: To avoid doubt, the Hearings Panel is not required to make recommendations that address each submission individually. Section 144 replaced 24 November 2015 section 5 Local Government (Auckland Transitional Provisions) Amendment Act 2015
145: Matters that affect recommendations
1: The Hearings Panel, in formulating its recommendations, must—
a: have regard to any reports prepared under sections 131(4) 133(3)
b: take account of any outcomes reported under section 134(4)
c: have regard to the evaluation report and the report required by section 165H section 126
d: include in the recommendations a further evaluation of the proposed plan undertaken in accordance with section 32AA
e: if a rule to which section 165H(1) section 165H(1A)
f: ensure that, were the Auckland Council to accept the recommendations, the following would be complied with:
i: sections 43B(3) 61 62 66 to 70B 74 to 77D 85A 85B(2) 165F 165G 168A(3) 171 189A(10) 191
ii: any other provision of the RMA, or another enactment, that applies to the Council's preparation of the plan.
2: To avoid doubt, when complying with subsection (1)﻿(f) in respect of section 66 section 79 Section 145 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
146: Deadline for recommendations
The Hearings Panel must provide its report or reports under section 144(7) section 123 section 147 Section 146 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 146 amended 24 November 2015 section 10 Local Government (Auckland Transitional Provisions) Amendment Act 2015
147: Extension of deadline for recommendations
1: The Hearings Panel or the Auckland Council, or both, may request the Minister for the Environment to extend the deadline referred to in section 146 original deadline
2: A request must be made before the original deadline or, if the original deadline has already been extended, before the extended deadline.
3: A request must be in writing and—
a: specify a proposed date for the extended deadline that is no later than 1 year after the original deadline; and
b: if applicable, include the views of the party not making the request.
4: If the Minister grants a request, the original deadline is extended accordingly.
5: Section 37 Section 147 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Council decisions on recommendations Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
148: Auckland Council to consider recommendations and notify decisions on them
1: The Auckland Council must—
a: decide whether to accept or reject each recommendation of the Hearings Panel; and
b: for each rejected recommendation, decide an alternative solution, which—
i: may or may not include elements of both the proposed plan as notified and the Hearings Panel's recommendation in respect of that part of the proposed plan; but
ii: must be within the scope of the submissions.
2: When making decisions under subsection (1),—
a: the Council is not required to consult any person or consider submissions or other evidence from any person; and
b: the Council must not consider any submission or other evidence unless it was made available to the Hearings Panel before the Panel made the recommendation that is the subject of the Council’s decision
3: To avoid doubt, the Council may accept recommendations of the Hearings Panel that are beyond the scope of the submissions made on the proposed plan.
4: The Council must, no later than 20 working days after it is provided with the report (or, if there is more than 1 report, the last of the reports) section 146
a: publicly notify its decisions under subsection (1) in a way that sets out the following information:
i: each recommendation of the Hearings Panel that it accepts; and
ii: each recommendation of the Hearings Panel that it rejects and the reasons for doing so; and
iii: the alternative solution for each rejected recommendation; and
b: electronically notify each requiring authority affected by the decisions of the Council under subsection (1) of the information referred to in paragraph (a) that specifically relates to the decision recommending that the authority confirm, modify, impose conditions on, or withdraw the designation or heritage protection order concerned.
5: Subsection (6) applies if the Council decides that it wishes to accept a recommendation but alter the recommendation in a way that has a minor effect or to correct a minor error.
6: The Council may notify the recommendation as accepted, but only if, when complying with subsection (4)﻿(a)﻿(i), it sets out the alterations to the recommendation.
7: A recommendation to which subsection (5) applies must, for all purposes, be treated as a recommendation of the Hearings Panel accepted by the Council.
8: Subsection (4) is subject to section 149 Section 148 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 148(2)﻿(b) amended 24 November 2015 section 10 Local Government (Auckland Transitional Provisions) Amendment Act 2015 Section 148(4) amended 24 November 2015 section 10 Local Government (Auckland Transitional Provisions) Amendment Act 2015
149: Extension of deadline for decisions
1: The Auckland Council may request the Minister for the Environment to extend the deadline referred to in section 148(4) original deadline
2: A request must be made before the original deadline or, if the original deadline has already been extended, before the extended deadline.
3: A request must be in writing and specify a proposed date for the extended deadline that is no later than 20 working days after the original deadline.
4: If the Minister grants a request, the original deadline is extended accordingly.
5: Section 37 Section 149 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
150: Auckland Council to release Hearings Panel report
At the same time as the Auckland Council publicly notifies its decisions under section 148(4)﻿(a) or reports provided by the Hearings Panel under section 144(7)
a: on the Council's Internet site; and
b: for inspection during working hours, free of charge, at the offices of the Council and anywhere else that the Council determines is appropriate. Section 150 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 150 amended 24 November 2015 section 10 Local Government (Auckland Transitional Provisions) Amendment Act 2015 Designations and heritage orders of requiring authorities other than Auckland Council Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
151: Designations and heritage orders of requiring authorities other than Auckland Council
1: A decision of the Auckland Council that is notified to a requiring authority under section 148(4)﻿(b) clause 9(1)
2: The requiring authority must notify the Auckland Council as to whether it accepts or rejects the recommendation in whole or in part within 30 working days after the day on which it receives the recommendation.
3: The requiring authority may modify the requirement only if the modification is recommended by the Auckland Council or is not inconsistent with the requirement as notified.
4: If the requiring authority rejects the recommendation in whole or in part, or modifies the requirement, it must give reasons for its decision.
5: The Auckland Council must ensure that, within 15 working days after it receives the decision, a notice of decision and a statement of the time within which an appeal against the decision may be lodged is served on—
a: persons who made a submission on the requirement; and
b: owners and occupiers of land to which the designation or heritage order applies.
6: If the Auckland Council gives a notice of a decision, it must—
a: make a copy of the decision available for inspection on its Internet site and at its offices; and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received. Section 151 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Proposed plan deemed approved or adopted Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
152: Proposed plan deemed approved or adopted on and from certain dates
1: This section applies to the proposed plan once the Auckland Council publicly notifies its decisions on the recommendations of the Hearings Panel under section 148(4)﻿(a)
2: Each part of the proposed plan, other than the parts relating to the coastal marine area, designations, and heritage orders,—
a: is amended in accordance with the decisions of the Council; and
b: is deemed to have been approved by the Council under clause 17(1)
i: the date on which the appeal period expires, if no appeals relating to that part of the proposed plan are made under section 155
ii: the date on which all appeals, including further appeals, relating to that part of the proposed plan are determined, if appeals are made under that section.
3: Each part of the proposed plan relating to the coastal marine area—
a: is amended in accordance with the decisions of the Council; and
b: on and from the following date is deemed to have been adopted by the Council under clause 18(1)
i: the date on which the appeal period expires, if no appeals relating to that part of the proposed plan are made under section 155
ii: the date on which all appeals, including further appeals, relating to that part of the proposed plan are determined, if appeals are made under that section.
4: The part of the proposed plan relating to a designation or heritage order—
a: is amended in accordance with the decision about the designation or heritage order—
i: notified by the requiring authority under section 151(2)
ii: notified by the Council under section 148(4)﻿(a)
b: is deemed to have been approved by the Council under clause 17(1)
i: the date on which the appeal period expires, if no appeals relating to the designation or heritage order are made under section 157
ii: the date on which all appeals, including further appeals, relating to the designation or heritage order are determined, if appeals are made under that section.
5: However, the parts of the proposed plan relating to any existing designations or heritage orders that were included in the proposed plan without modification, and on which no submissions were received, are deemed to have been approved by the Council under clause 17(1) section 148(4)﻿(a) Section 152 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 RMA provisions relating to legal effect of rules apply Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
153: RMA provisions relating to legal effect of rules apply
1: Sections 86A to 86G
2: Without limiting subsection (1), every reference to clause 10(4) section 148(4)﻿(a) Section 153 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Objections, appeals, and judicial review Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
154: Objection rights
1: A person who made a submission on the proposed plan has the following rights of objection to the Hearings Panel:
a: a decision of the Hearings Panel under section 132
b: a decision of the Hearings Panel to strike out the whole or a part of the person's submission under section 140(2)
2: An objection must be made by notice in writing, setting out the reasons for the objection, no later than 15 working days after the decision is notified to the person or any longer time allowed by the Hearings Panel.
3: The Hearings Panel must—
a: consider the objection as soon as practicable; and
b: hold a hearing on the objection at which all members are present, having given the objector no less than 5 working days' notice of the date, time, and place for the hearing.
4: After the hearing, the Hearings Panel must—
a: dismiss the objection or uphold the objection in whole or in part; and
b: inform the objector in writing of the Panel's decision and the reasons for it.
5: A decision of the Hearings Panel under this section is final and there is no right of appeal against it. Section 154 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
155: Appeal rights
The only appeal rights available in respect of the proposed plan are as follows:
a: the right of appeal to the Environment Court under section 156 157
b: the right of appeal to the High Court under section 158 Section 155 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
156: Right of appeal to Environment Court
1: A person who made a submission on the proposed plan may appeal to the Environment Court in respect of a provision or matter relating to the proposed plan—
a: that the person addressed in the submission; and
b: in relation to which the Council rejected a recommendation of the Hearings Panel and decided an alternative solution, which resulted in—
i: a provision being included in the proposed plan; or
ii: a matter being excluded from the proposed plan.
2: However, if the Council's alternative solution included elements of the Hearings Panel's recommendation, the right of appeal is limited to the effect of the differences between the alternative solution and the recommendation.
3: A person may appeal to the Environment Court in respect of a provision or matter relating to the proposed plan if—
a: the Council's acceptance of a recommendation of the Hearings Panel resulted in—
i: the provision being included in the proposed plan; or
ii: the matter being excluded from the proposed plan; and
b: the Hearings Panel had identified the recommendation as being beyond the scope of the submissions made on the proposed plan; and
c: the person is, was, or will be unduly prejudiced by the inclusion of the provision or exclusion of the matter.
4: The Environment Court must treat an appeal under this section as if it were a hearing under clause 15 clauses 14(5) Parts 11 11A sections 299 to 308
5: Notice of the appeal must be in the prescribed form and lodged with the Environment Court, and served on the Auckland Council, no later than 20 working days after the Council notifies the matters under section 148(4)﻿(a)
6: If the subject matter of the notice of appeal relates to the coastal marine area, the person must also serve a copy of the notice on the Minister of Conservation no later than 5 working days after the notice is lodged with the Environment Court. Section 156 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
157: Right of appeal to Environment Court (designations and heritage orders)
1: A person has a right of appeal to the Environment Court against any aspect of a decision referred to in section 152(4)﻿(a)
a: the person is an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision.
2: A person has a right of appeal to the Environment Court against any aspect of a decision referred to in section 152(4)﻿(a)
a: the person is not an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision; and
c: in that aspect of the decision, the requiring authority rejected the Auckland Council's recommendation on the matter.
3: The Auckland Council has a right of appeal to the Environment Court against any aspect of a decision referred to in section 152(4)﻿(a)
4: A person has a right of appeal to the Environment Court against any aspect of a decision referred to in section 152(4)﻿(a)
a: the person is not an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision; and
c: in that aspect of the decision, the Council rejected the Hearings Panel's recommendation on the matter.
5: An appeal must be treated as if it were an appeal under section 174 Parts 11 11A sections 299 to 308
6: Despite subsection (5), notice of an appeal may be lodged and served under section 174(2)﻿(c)
a: section 151(5)
b: section 148(4)﻿(a) Section 157 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
158: Right of appeal to High Court on question of law
1: A person who made a submission on the proposed plan may appeal to the High Court in respect of a provision or matter relating to the proposed plan—
a: that the person addressed in the submission; and
b: in relation to which the Council accepted a recommendation of the Hearings Panel, which resulted in—
i: a provision being included in the proposed plan; or
ii: a matter being excluded from the proposed plan.
2: A person may appeal to the High Court against any aspect of a decision referred to in section 152(4)﻿(a)
a: the person is not an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision; and
c: in that aspect of the decision, the requiring authority accepted the Auckland Council's recommendation on the matter.
3: A person may appeal to the High Court against any aspect of a decision referred to in section 152(4)﻿(a)
a: the person is not an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision; and
c: in that aspect of the decision, the Council accepted the Hearings Panel's recommendation on the matter.
4: However, an appeal under this section may only be on a question of law.
5: Except as otherwise provided in this section, sections 299(2) 300 to 307
6: Notice of the appeal must be filed with the High Court, and served on the Auckland Council, no later than 20 working days after the Council notifies the matters under—
a: section 148(4)﻿(a)
b: section 151(5)
7: If the subject matter of the notice of appeal relates to the coastal marine area, the person must also serve a copy of the notice on the Minister of Conservation no later than 5 working days after the notice is filed with the High Court. Section 158 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 158(6) replaced 24 November 2015 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2015
159: Judicial review
1: Nothing in this Part limits or affects any right of judicial review a person may have in respect of any matter to which this Part applies, except as provided in sections 156(4) 157(5) section 296 Part 11
2: However, a person must not both apply for judicial review of a decision made under this Part and appeal to the High Court under section 158
3: If applications for judicial review and appeal are lodged together, the High Court must try to hear the judicial review and appeal proceedings together, but need not if the court considers it impracticable to do so in the circumstances of the particular case. Section 159 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Auckland Council to notify when plan operative Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
160: Auckland Council to notify when plan operative
The Auckland Council must notify the date on which the plan, or each part of the plan, as the case may be, will become operative in accordance with clause 20 Section 160 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Hearings Panel Heading inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
161: Minister for Environment and Minister of Conservation to establish Hearings Panel
1: The Minister for the Environment and the Minister of Conservation must establish a Hearings Panel.
2: The Hearings Panel comprises—
a: a chairperson; and
b: 3 to 10
3: The chairperson and other members must be appointed jointly by the Ministers after consulting the Auckland Council and the Independent Māori Statutory Board.
4: The Ministers must appoint members who collectively have knowledge of, and expertise in relation to, the following:
a: the RMA
b: district plans, regional plans (including regional coastal plans), and regional policy statements or combined regional and district documents; and
c: tikanga Māori, as it applies in Tāmaki Makaurau; and
d: Auckland and the mana whenua groups and other people of Auckland; and
e: the management of legal proceedings, including cross-examination.
5: However, a failure to comply with subsection (4) does not affect the validity of the appointment of a member once made.
6: A member must be appointed in accordance with section 162
7: To avoid doubt, the Ministers may appoint additional members after the initial appointment of members so long as the total number is no more than 10
8: The Ministers may appoint a member to replace a member who ceases to hold office.
8A: The Ministers may appoint an additional member or a replacement member only after consulting the Auckland Council, the Independent Māori Statutory Board, and the chairperson of the Hearings Panel (or the existing members of the Hearings Panel if there is no chairperson).
9: Subsections (4) to (6) apply to the appointment of an additional member or a replacement member.
10: As soon as practicable after establishing the Hearings Panel and appointing its initial members,—
a: the Minister for the Environment must notify the Panel's establishment on the Internet site of the Ministry; and
b: the Council must notify the Panel's establishment on the Council's Internet site. Section 161 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 161(2)﻿(b) amended 24 November 2015 section 7(1) Local Government (Auckland Transitional Provisions) Amendment Act 2015 Section 161(7) amended 24 November 2015 section 7(1) Local Government (Auckland Transitional Provisions) Amendment Act 2015 Section 161(8A) inserted 24 November 2015 section 7(2) Local Government (Auckland Transitional Provisions) Amendment Act 2015
162: How members appointed
1: The Minister for the Environment must give a person appointed as a member of the Hearings Panel a written notice of the appointment that complies with subsection (2).
2: The notice of appointment must—
a: state the date on which the appointment takes effect; and
b: state the term of the appointment; and
c: specify the terms of reference for both the Hearings Panel and the member. Section 162 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
163: When member ceases to hold office
1: A member of the Hearings Panel remains a member until the earliest of the following:
a: his or her term of office ends:
b: he or she dies:
c: he or she resigns by giving 20 working days' written notice to the Minister for the Environment and the Minister of Conservation:
d: he or she is removed under subsection (2):
e: the Hearings Panel ceases to exist.
2: The Minister for the Environment and the Minister of Conservation may, at any time for just cause, remove a member by written notice to the member (with a copy to the Hearings Panel).
3: The notice must state—
a: the date on which the removal takes effect, which must not be earlier than the date on which the notice is received by the member; and
b: the reasons for the removal.
4: A member of the Hearings Panel is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.
5: In subsection (2), just cause Section 163 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
164: Functions of Hearings Panel
The Hearings Panel has the following functions and powers for the purposes of holding a Hearing into the submissions on the proposed plan and any variation permitted by section 124(4)
a: to hold hearing sessions; and
b: for the purposes of paragraph (a),—
i: to hold or authorise the holding of pre-hearing session meetings, conferences of experts, and alternative dispute resolution processes; and
ii: to commission reports; and
iii: to hear any objections made in accordance with section 154
c: to make recommendations to the Auckland Council on the proposed plan and any variation; and
d: except as expressly provided by this Part, to regulate its own proceedings in the manner it thinks fit; and
e: to carry out or exercise any other functions or powers conferred by this Part or that are incidental and related to, or consequential upon, any of its functions and powers under this Part. Section 164 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
165: Powers of chairperson
The chairperson of the Hearings Panel has the following powers:
a: to decide how many, and which, members of the Hearings Panel are to be present at each hearing session:
aa: to direct that the Hearings Panel hold 2 or more hearing sessions concurrently:
b: to appoint another member to act as chairperson for the purposes of any hearing session at which he or she will not be present for any reason, including because hearing sessions are being held concurrently:
c: to decide whether to accept any late submissions:
d: to deal with any complaints in respect of the Hearings Panel or any member of the Panel. Section 165 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Section 165(aa) inserted 24 November 2015 section 8(1) Local Government (Auckland Transitional Provisions) Amendment Act 2015 Section 165(b) replaced 24 November 2015 section 8(2) Local Government (Auckland Transitional Provisions) Amendment Act 2015
166: Term of Hearings Panel
The Hearings Panel exists until it has completed the performance or exercise of its functions and powers in relation to the Hearing, including any appeals in relation to the Hearing that are filed in any court. Section 166 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
167: Liability of members
A member is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the Hearings Panel. Section 167 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
168: Funding of Hearings Panel and related activities
1: The Auckland Council is responsible for all costs incurred by the Hearings Panel, and for the activities related to the performance or exercise of the Panel's functions and powers, under this Part.
2: Without limiting subsection (1), the Council is responsible for—
a: the remuneration and expenses of the members of the Hearings Panel; and
b: the administrative costs of each hearing session, including venue hire and public notices; and
c: the remuneration of any expert, mediator or other dispute resolution facilitator, or other person whose services are engaged by the Hearings Panel under this Part; and
d: the allowances of any witness called by the Hearings Panel.
3: For the purposes of subsection (1), each member of the Hearings Panel must be paid—
a: remuneration by way of salary, fees, or allowances at a rate determined by the Minister for the Environment after consultation with the Council; and
b: actual and reasonable travelling and other expenses incurred in carrying out his or her office in accordance with the Fees and Travelling Allowances Act 1951 Section 168 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013
169: Application of Local Government Official Information and Meetings Act 1987
The Local Government Official Information and Meetings Act 1987 section 149J Section 169 inserted 4 September 2013 section 6 Local Government (Auckland Transitional Provisions) Amendment Act 2013 Validations Heading inserted 24 November 2015 section 9 Local Government (Auckland Transitional Provisions) Amendment Act 2015
170: Closing date for submissions to Council on proposed plan
Despite section 123(7) and (9) Section 170 inserted 24 November 2015 section 9 Local Government (Auckland Transitional Provisions) Amendment Act 2015
171: Concurrent hearing sessions held before 2015 amendments
1: This section applies to any hearing session that was held concurrently with another hearing session before the commencement of the Local Government (Auckland Transitional Provisions) Amendment Act 2015 2015 Act
2: The hearing session must be treated as if—
a: this Act as amended by the 2015 Act applied in relation to the hearing session; and
b: the hearing session was—
i: held in accordance with a direction given under section 165(aa)
ii: chaired by a chairperson appointed under section 165(b) section 161 Section 171 inserted 24 November 2015 section 9 Local Government (Auckland Transitional Provisions) Amendment Act 2015