Local Government Amendment Act 1998

1: Short Title and commencement
1: This Act may be cited as the Local Government Amendment Act 1998, and is part of the Local Government Act 1974 the principal Act
2: Except as otherwise provided in this Act, this Act comes into force on the date on which this Act receives the Royal assent. Cancellation of election of members of Auckland Regional Services Trust
2: Cancellation of 1998 triennial general election of members of Auckland Regional Services Trust
1: No election of members of the Auckland Regional Services Trust may be held in the period commencing with the passing of this Act and ending with the close of 10 October 1998 (the date of the triennial general election of members of local authorities).
2: This section has effect notwithstanding anything in—
a: The constitution of the Auckland Regional Services Trust; or
b: The principal Act; or
c: The Local Elections and Polls Act 1976 Dissolution of Auckland Community Trust
3: Dissolution of Auckland Community Trust
1: The Auckland Community Trust established under section 707ZW
2: On 1 August 1998,—
a: All assets and liabilities of the Auckland Community Trust become assets and liabilities of the Auckland Regional Services Trust:
b: All money payable to the Auckland Community Trust becomes payable to the Auckland Regional Services Trust:
c: All proceedings pending by or against the Auckland Community Trust may be carried on, completed, or enforced by or against the Auckland Regional Services Trust.
3: Subject to subsection (4)
4: All property to which subsection (3) section 707ZZA
5: This section comes into force on 1 August 1998.
4: Final accounts of Auckland Community Trust
1: As soon as reasonably practicable after the commencement of this section, the Auckland Regional Services Trust must cause to be prepared the final accounts of the Auckland Community Trust as at the close of 31 July 1998.
2: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, must be sent by the Auckland Regional Services Trust to the Minister of Local Government.
3: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, must be presented to the House of Representatives by the Minister of Local Government as soon as practicable after their receipt by that Minister.
4: This section comes into force on 1 August 1998.
5: Taxes and duties
1: For the purposes of the Inland Revenue Acts (as defined in section 3 Tax Administration Act 1994
a: The Auckland Community Trust and the Auckland Regional Services Trust are, in relation to all assets and liabilities that, by this Act, become assets and liabilities of the Auckland Regional Services Trust, deemed to be the same person:
b: All transactions entered into by, and all acts of, the Auckland Community Trust before the commencement of this section, in relation to all assets and liabilities that, by this Act, become assets and liabilities of the Auckland Regional Services Trust, are deemed to have been entered into or performed by the Auckland Regional Services Trust on the date on which they were entered into or performed by the Auckland Community Trust.
2: This section comes into force on 1 August 1998.
6: Repeals
1: The following enactments are repealed:
a: Section 225A(2) section 28 Local Government Amendment Act 1992
b: Subsections (1)(c) (2) section 68(1) Local Government Amendment Act 1992
c: Sections 707ZW to 707ZZF section 68(1) Local Government Amendment Act 1992
d: So much of Schedule 1 Company Law Reform (Transitional Provisions) Act 1994 section 707ZY(c) section 68 Local Government Amendment Act 1992
2: This section comes into force on 1 August 1998.
7: New heading and sections inserted
This section inserted ss 37SE to 37SH
8: New Part 44C inserted
This section inserted Part 44C ss 707ZZH to 707ZZZZG
9: Water services
Section 9 repealed 1 October 1998 14(1)(o) Local Government Amendment Act 1998
10: New Schedule 17B inserted
1: The principal Act is amended by inserting, after Schedule 17A section 76 Local Government Amendment Act 1992 Schedule 17B
2: This section, and the Schedule of this Act, come into force on 1 October 1998. Amendments to
Ombudsmen Act 1975
11: Schedule 1
1: Part 3 Ombudsmen Act 1975 section 79(1) Local Government Amendment Act 1992
2: Part 3 Ombudsmen Act 1975 Infrastructure Auckland
3: Section 79 Local Government Amendment Act 1992
4: This section comes into force on 1 October 1998. Amendment to Transit New Zealand Act 1989
12: Grants from Infrastructure Auckland
1: The Transit New Zealand Act 1989 section 104
104A:
1: Notwithstanding any other provision of this Act or any provision of any other Act, for the purpose of obtaining funding for a project or part of a project that—
a: Consists primarily of roading; and
b: Is a capital project within the meaning of any of the provisions of subparagraphs (ii) to (iv) of paragraph (b) capital project
c: Is carried out by the Authority in the region in respect of which the Auckland Regional Council is constituted,— the Authority may, in accordance with Part 44C of the Local Government Act 1974
2: Money received by the Authority by way of grant from Infrastructure Auckland—
a: Is not roading revenue section 8
b: Is money that may be paid into the State Highways Account (even though it is not money that is required by section 20(3)
c: Is money that may be applied only for the purpose for which that money is granted.
3: No money paid into the State Highways Account under subsection (2)(b) subsection (2)(c) Part 44C section 26
4: Nothing in this section requires the Authority to obtain the approval of the Board for expenditure under this section.
2: This section comes into force on 1 October 1998.
13: Definitions
The heading Amendment to Income Tax Act 1994 repealed 1 April 2005 YA 2 Income Tax Act 2004 Section 13 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 Repeals, consequential amendment, and revocations
14: Repeals
1: The following enactments are repealed:
a: Schedule 17A section 76 Local Government Amendment Act 1992
b: Section 101G(1)(d) section 11(1) Local Government Amendment Act 1992
c: Section 225B(2) section 28 Local Government Amendment Act 1992
d: Subsections (3)(b) (4) section 61 Local Government Amendment Act 1992
e: Part 44B section 68(1) Local Government Amendment Act 1992
f: Sections 68 76 Local Government Amendment Act 1992
g: Sections 9 to 13 of the Local Government Amendment Act (No 2) 1992
h: The Local Government Amendment Act (No 4) 1992
i: Section 17 Local Government Amendment Act 1994
j:
k: Section 6 Local Government Amendment Act (No 2) 1995
l: The Local Government Amendment Act 1996
m: The Local Government Amendment Act (No 2) 1996
n: So much of Schedule 1 Local Government Amendment Act (No 3) 1996 section 707ZK section 68 Local Government Amendment Act 1992
o: Section 9
2: This section comes into force on 1 October 1998. Subsection (1)(j) repealed 1 April 2005 YA 2 Income Tax Act 2004
15: Application of provisions to Auckland Regional Council
1: Section 707A section 67(1) Local Government Amendment Act 1992 subsection (2) Part XLIVB Part 44C
2: This section comes into force on 1 October 1998.
16: Revocations
1: The following determination and order are revoked:
a: The Local Government (Auckland Regional Services Trust Salaries and Allowances) Determination 1996 (SR 1996/319)
b: The Local Government (Watercare Services Limited) Order 1997 (SR 1997/103)
2: This section comes into force on 1 October 1998.