Local Government (Tamaki Makaurau Reorganisation) Act 2009

1: Title
This Act is the Local Government (Tamaki Makaurau Reorganisation) Act 2009.
2: Commencement
1: Subject to subsections (3) and (4)
2:
3: Sections 27 28
4: Subparts 3 4 section 26 Section 2(1) amended 15 June 2010 section 5(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 2(2) repealed 15 June 2010 section 5(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 2(3) amended 15 June 2010 section 5(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 2(4) added 15 June 2010 section 5(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
1: Preliminary provisions
3: Background and purpose of Act
1: Local government arrangements for the Auckland region have caused considerable concern for at least 49 years.
2: Over the next 99 years, it is expected that the Auckland region will face enormous change brought about by global economic, environmental, and political forces. Local trends, including high population growth, add to the challenges and opportunities the region faces. To meet these challenges and opportunities, Auckland requires local and regional governance of the highest standard.
3: Accordingly, a Royal Commission was established in October 2007 to inquire into, investigate, and recommend local government arrangements for the Auckland region over the foreseeable future ( Gazette
4: The Royal Commission reported to the Government on 25 March 2009, its principal recommendation being that the local authorities governing the Auckland region be dissolved and a single entity be formed to replace them (Royal Commission on Auckland Governance, Report: Royal Commission on Auckland Governance
5: The Government considered the Royal Commission's report and agreed with many of its recommendations, including the creation, through legislation, of—
a: a single governing body for the Auckland region; and
b: an entity to effect the necessary changes.
6: The Government also determined that the legislation should be enacted so that the members of the governing body and second tier bodies be elected at the October 2010 local government triennial general elections.
7: The purpose of this Act, therefore, is—
a:
b: to dissolve the existing local authorities that govern the Auckland region (being 1 regional and 7 territorial authorities) on 1 November 2010
c: to establish an entity to facilitate the transition to the new local government arrangements; and
d: to require the existing local authorities and other local government organisations to support the reorganisation by both doing specified things and refraining from doing specified things; and
da: to provide for the Governor-General, Ministers, and other public officials and bodies to undertake specified duties to facilitate the reorganisation; and
e: to make any necessary amendments to any other enactments. Section 3(7)(a) repealed 15 June 2010 section 6(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 3(7)(b) amended 15 June 2010 section 6(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 3(7)(da) inserted 15 June 2010 section 6(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
4: Outline of Act
1: The general scheme and effect of this Act is set out in the following subsections. This section is by way of explanation only and does not limit or affect the other provisions of this Act.
2: Part 1
3:
4: Part 3
5: Subpart 1 of Part 3
6: Subpart 2 of Part 3 transition period
7: Subpart 3
8: Subpart 4 Section 4(3) repealed 15 June 2010 section 7(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 4(4) amended 15 June 2010 section 7(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 4(7) substituted 15 June 2010 section 7(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 4(8) added 15 June 2010 section 7(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
5: Interpretation
1: In this Act, unless the context otherwise requires,— Auckland section 4(1) Auckland Council Council section 4(1) Auckland Transition Agency Transition Agency section 10 Auckland Transport section 38 boundary adjustment order
a: made under section 35
b: that gives 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 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: in subparts 3 existing local government organisation
a: means—
i: an existing local authority; and
ii: a council-controlled organisation of an existing local authority; and
b: includes—
i: Watercare Services Limited and any subsidiary of Watercare Services Limited; and
ii: Ports of Auckland Limited and any subsidiary of Ports of Auckland Limited; and
iii: Auckland Regional Transport Authority (established under section 7 2004) and any subsidiary of the Auckland Regional Transport Authority;
iv: Auckland Regional Holdings (established under section 18 and any subsidiary of Auckland Regional Holdings Minister Local Government Act 2002 receiving entity the second column of Schedule 4 reorganisation terminating organisation the first column of Schedule 4 transition period
a: commences on the day after the date on which this Act receives the Royal assent; and
b: expires on the close of 31 October 2010.
2: Unless the context otherwise requires, terms and expressions used and not defined in this Act, but defined in the Local Government Act 2002 Section 5(1) Auckland substituted 15 June 2010 section 8(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) Auckland Council Council substituted 15 June 2010 section 8(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) Auckland Transport inserted 15 June 2010 section 8(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) boundary adjustment order inserted 15 June 2010 section 8(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) existing local authority substituted 15 June 2010 section 8(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) existing local government organisation amended 15 June 2010 section 8(5) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) existing local government organisation amended 15 June 2010 section 8(6) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) receiving entity inserted 15 June 2010 section 8(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 5(1) terminating organisation inserted 15 June 2010 section 8(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
6: Relationship with Local Government Act 2002, Local Government (Auckland) Amendment Act 2004, Local Government Act 1974, and Local Electoral Act 2001
If there is any inconsistency between this Act and the Local Government Act 2002 Local Government (Auckland) Amendment Act 2004 Local Government Act 1974 Local Electoral Act 2001
7: Act binds the Crown
This Act binds the Crown.
8: Act repealed on close of 1 November 2010
This Act is repealed on the close of 1 November 2010. 2010-11-02 Local Government (Tamaki Makaurau Reorganisation) Act 2009
2: Auckland Council
Part 2 repealed 15 June 2010 section 9 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
9: Auckland Council established
Section 9 repealed 15 June 2010 section 9 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
3: Transitional arrangements
1: Auckland Transition Agency
10: Auckland Transition Agency established
1: This section establishes the Auckland Transition Agency (which must only be known as the Auckland Transition Agency).
2: The Transition Agency is a body corporate with perpetual succession.
3: For the purpose of performing its functions and duties, the Transition Agency has—
a: full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
4: Subsections (2) and (3) are subject to this Act, any other enactment, and the general law.
11: Governing body of Transition Agency
1: The Transition Agency must have a governing body consisting of a chairperson and no fewer than 2 but no more than 5 other members appointed by the Minister.
2: The governing body is responsible and accountable for the exercise of the powers and the performance of the functions and duties of the Transition Agency.
3: The Minister must notify appointments to the governing body in the Gazette
4: Schedule 1 Section 11(4) amended 15 June 2010 section 10 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
12: Chief executive of Transition Agency
1: The governing body of the Transition Agency must appoint a chief executive for the Transition Agency.
2: The chief executive is responsible for—
a: implementing the decisions of the governing body; and
b: providing advice to the governing body; and
c: maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the Transition Agency; and
d: employing, on behalf of the Transition Agency, the staff of the Transition Agency; and
e: negotiating the terms of employment of the staff of the Transition Agency; and
f: establishing and maintaining an interests register in relation to the governing body. Functions and duties of Transition Agency
13: Functions and duties of Transition Agency
1: The Transition Agency has the following functions and duties:
a: to plan and manage all matters in relation to the reorganisation to ensure that the Auckland Council is ready to function on and from 1 November 2010:
b: to advise the Minister on any matter associated with the reorganisation, including in relation to existing or proposed legislation:
c: to report to the Minister,—
i: at regular intervals, on progress in relation to the reorganisation and on the matters referred to in clause 15 Schedule 1
ii: at the end of the transition period, by submitting a final report on its affairs for presentation to the House of Representatives (together with the financial statements required by section 45J
ca: to approve a process for, and oversee, the planning and management of the integration of Auckland's water supply and wastewater services by Watercare Services Limited (acting under section 30A
cb: to do the following in relation to waste management and minimisation:
i: oversee the work, if any, of the existing local authorities in preparation for the first waste assessment that the Auckland Council will make under section 50(2)
ii: oversee the preparation by the existing local authorities of detailed proposals for achieving long-term integrated waste management and minimisation planning and services in Auckland (including proposals for managing waste contracts, leases, and other arrangements in relation to waste); and
iii: prepare options on these matters for consideration by the Auckland Council:
cc: to develop, in consultation with the Secretary for Internal Affairs, proposals in relation to the establishment of an Ethnic Peoples Advisory Panel to the Auckland Council (as required by section 86
d: to provide information to existing local government organisations and their employees in relation to the reorganisation:
e: to provide information to the public of Auckland, or any section of that public, as it thinks fit, in relation to the reorganisation:
f: to second employees from any existing local government organisation to the Transition Agency:
g: to carry out any other functions conferred on the Transition Agency by or under this Act or any other enactment, including—
i: appointing an electoral officer under section 14 section 15
ii: appointing a chief executive for an existing local authority under section 16
iii: appointing an interim chief executive for the Auckland Council under section 17
iv: assisting and supporting the interim chief executive of the Auckland Council in carrying out his or her responsibilities under sections 18 18B section 19
iva: preparing a planning document for the Auckland Council for the period beginning on 1 November 2010 and ending at the close of 30 June 2012 section 19A
ivb: establishing a waterfront development entity as a council-controlled organisation of the Auckland Council under section 19B
v: reviewing, under section 20
vi: confirming a decision made by an existing local government organisation under section 21 ; and
vii: making arrangements under section 21A 21C
2: Without limiting subsection (1)(a), the Transition Agency must—
a: develop an organisational structure for the Auckland Council so that it can operate efficiently and effectively on and from 1 November 2010; and
b: develop a change management plan that includes protocols and processes for managing—
i: the transition of assets from existing local government organisations to give effect to the new local governance arrangements for Auckland; and
ii: the transition or termination of staff from existing local government organisations to give effect to the new local governance arrangements for Auckland, having regard to the existing employment agreements applying to the staff.
3: The Transition Agency, in exercising its powers or performing its functions and duties, must ensure that—
a: its activities are conducted efficiently and effectively (including in a cost-effective manner); and
b: it operates in a financially responsible manner; and
c: key local government projects in Auckland are not hindered or interrupted.
4: An employee of an existing local government organisation who is seconded to the Transition Agency under subsection (1)(f) continues to be employed and remunerated—
a: by the existing local government organisation; and
b: on terms and conditions that are agreed between the Transition Agency, the existing local government organisation, and the employee.
5: Nothing in subsection (1)(ca) applies to stormwater drainage services. Section 13(1)(c)(i) amended 15 June 2010 section 11(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(ca) inserted 23 September 2009 section 38(1) Local Government (Auckland Council) Act 2009 Section 13(1)(cb) inserted 15 June 2010 section 11(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(cc) inserted 15 June 2010 section 11(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(iv) amended 15 June 2010 section 11(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(iva) inserted 23 September 2009 section 38(2) Local Government (Auckland Council) Act 2009 Section 13(1)(g)(iva) amended 15 June 2010 section 11(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(ivb) inserted 15 June 2010 section 11(5) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(vi) amended 15 June 2010 section 11(6) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(1)(g)(vii) added 15 June 2010 section 11(6) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(2)(b) substituted 15 June 2010 section 11(7) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 13(5) added 23 September 2009 section 38(3) Local Government (Auckland Council) Act 2009
14: Appointment of electoral officer for October 2010 triennial general elections
1: No later than 31 October 2009, the Transition Agency must appoint an electoral officer for Auckland to exercise the powers and carry out the duties conferred on an electoral officer by or under Local Electoral Act 2001
2: For the purposes of this section, the electoral officer must exercise those powers and carry out those duties as if section 6
3: For the purposes of the October 2010 triennial general elections,—
a: the elections for the Auckland Council must section 5(1)
b: the members of the Auckland Council (other than the mayor) must be elected by the electors of each ward of Auckland (as those wards and the number of members for each ward are determined by the Local Government Commission under section 34(1)(d) section 35 ; and
c: the election of members of the Waitakere and Portage Licensing Trusts must be held using the electoral system commonly known as First Past the Post (as defined in section 5(1) Section 14(1) amended 15 June 2010 section 12(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 14(2) amended 15 June 2010 section 12(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 14(3) added 23 September 2009 section 39 Local Government (Auckland Council) Act 2009 Section 14(3)(a) amended 15 June 2010 section 12(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 14(3)(b) amended 15 June 2010 section 12(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 14(3)(c) added 15 June 2010 section 12(4) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
15: Determination of certain electoral matters
For the purposes of preparing for the October 2010 triennial general elections, the Transition Agency has the powers of a local authority—
a: under section 79
b: under regulation 31
16: Appointment of chief executive of existing local authority if vacancy arises during transition period
1: Subsection (2) applies if, during the transition period, the position of chief executive of an existing local authority becomes vacant.
2: The Transition Agency must appoint a person to the position on the terms and conditions, and for the period, that it considers appropriate having regard to the requirements of this Act and clause 33
3: In making an appointment, the Transition Agency must consult the governing body of the existing local authority.
4: To avoid doubt, clauses 34 35
17: Appointment of interim chief executive for Auckland Council
1: The Transition Agency must, as soon as practicable, appoint a chief executive for the Auckland Council for a term ending no later than 29 June 2012.
2: In making an appointment under subsection (1), the Transition Agency must have regard to—
a: the matters that a local authority must consider in relation to appointing a chief executive under clause 33
b: the skills and experience required of a chief executive in order
i: prepare for the establishment of the Auckland Council on 1 November 2010; and
ii: exercise the powers set out in sections 18 18A 18B
iii: provide effective leadership of the staff and management of the systems and resources of the Council during its infancy.
3: Section 17(2)(b) amended 15 June 2010 section 13(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 17(2)(b)(ii) amended 15 June 2010 section 13(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 17(3) repealed 15 June 2010 section 13(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
18: Interim chief executive may appoint staff
, enter into contracts, and call first meeting of Council
1: A chief executive appointed under section 17
a: employ, on behalf of the Council, staff for the Council (whose start date may be before, on, or after 1 November 2010 as the chief executive thinks fit); and
b: on behalf of the Council, enter into contracts, leases, and other agreements to enable the Council to operate efficiently and effectively on and from 1 November 2010 ; and
c: exercise the duties of a chief executive under clause 21
2: In acting under subsection (1)(a), the chief executive must follow the change management plan developed under section 13(2)(b)
3: For the purposes of this section, the chief executive must exercise the powers and carry out the functions described in this section as if section 6
a: any appointment made under subsection (1)(a) by him or her before 1 November 2010 is—
i: deemed to be made with the express authority of the Auckland Council; and
ii: valid and enforceable; and
b: any contract, lease, or other agreement entered into under subsection (1)(b) by him or her before 1 November 2010 is—
i: deemed to be entered into with the express authority of the Auckland Council; and
ii: valid and enforceable.
4: Despite subsection (3), the Transition Agency is responsible for all costs and other obligations associated with any appointment, contract, lease, or other agreement made by the chief executive under subsection (1) and incurred before 1 November 2010. Section 18 heading amended 15 June 2010 section 14(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 18(1)(b) amended 15 June 2010 section 14(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 18(1)(c) added 15 June 2010 section 14(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 18(3) amended 15 June 2010 section 14(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
18A: Interim chief executive must enter contract with Watercare Services Limited for collection of water rates
1: The chief executive appointed under section 17 section 53
a: deliver rates invoices under section 46(4)
b: collect payments of the specified rates in respect of the invoices referred to in paragraph (a); and
c: carry out any matter ancillary to the matters referred to in paragraphs (a) and (b).
2: The contract—
a: may provide for Watercare Services Limited to retain all money received by it under subsection (1)(b) for the purposes of section 32(3)
b: must not provide for Watercare Services Limited to be reimbursed for the administrative costs (other than extraordinary costs) associated with the delivery of rates invoices and the collection of payments.
3: In this section, specified rates section 19
a: in accordance with section 29B
b: in respect of any water supply services that will, from 1 November 2010, be provided by Watercare Services Limited. Section 18A inserted 15 June 2010 section 15 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
18B: Interim chief executive must ensure arrangements for Auckland rating information database and district valuation roll
1: In order to assist the implementation of a single integrated Council rating policy from 1 July 2012 for Auckland, the chief executive appointed under section 17 must make arrangements to ensure that—
a: a single rating information database for Auckland is prepared under the Local Government (Rating) Act 2002
b: a district valuation roll for Auckland is prepared under the Rating Valuations Act 1998
c: the district valuation roll represents values current as at 1 July 2011.
2: The chief executive must notify the Valuer-General, no later than 1 October 2010, of the arrangements made to give effect to the obligations under subsection (1) and, in doing so, must include the following information (supplied in accordance with section 8
a: the person or body who is to undertake the valuation services; and
b: the values and valuation bases proposed to be implemented or used in preparing the valuation roll and related information.
3: In this section, district valuation roll valuation services section 2(1) rating information database section 5 Section 18B inserted 15 June 2010 section 15 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
19: Transition Agency may exercise powers under section 18
or 18B The Transition Agency may exercise the powers of the chief executive described in section 18 18B
a: with the agreement of the chief executive; or
b: as the chief executive, if no person is, for the time being, appointed under section 17 Section 19 heading amended 15 June 2010 section 16(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 19 amended 15 June 2010 section 16(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
19A: Preparation of planning document
1: The Transition Agency must prepare a planning document for the Auckland Council for the period beginning on 1 November 2010 and ending at the close of 30 June 2012.
2: In preparing the document, the Transition Agency—
a: must make an initial allocation of decision-making responsibility for the non-regulatory activities of the Council between the Council's governing body and its local boards; and
b: must prepare estimated budgets for the 2011/2012 financial year for each local board, based upon the projected costs of the local activities in each local board area for the 2010/2011 financial year; and
c: must ensure that the document complies with the requirements of Schedule 2
3: The Transition Agency must allocate responsibilities under subsection (2)(a) in accordance with the principles for allocating responsibilities set out in section 17(2)
4: The Transition Agency must complete the document by 31 October 2010. Section 19A substituted 15 June 2010 section 17 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
19B: Establishment of waterfront development council-controlled organisation
1: The Transition Agency must establish an entity as a council-controlled organisation of the Auckland Council, with responsibility for development of the Auckland waterfront, to operate on and from 1 November 2010.
2: The Transition Agency must establish the entity in a way that complies with—
a: the Order in Council made under subsection (3); and
b: Part 5
3: The Governor-General must, by Order in Council made on the recommendation of the Minister,—
a: specify the objectives of the entity; and
b: specify the governance structure of the entity; and
c: specify any other details concerning the structure and operation of the entity that the Minister recommends.
4: Without limiting subsection (3)(c), and to avoid doubt, an order made under subsection (3) may specify details concerning the financial structure and operation of the entity.
5: The Minister must not recommend the making of the order without first consulting the Transition Agency.
6: The Minister may appoint initial directors of the entity under section 48
7: For the purposes of subsection (2)(b), Part 5
a: as if the Transition Agency were a local authority; and
b: with any necessary modifications, except that—
i: sections 56 57(1)
ii: the initial constitution of the entity must provide for a review of its provisions by the Auckland Council before 30 June 2012. Section 19B inserted 15 June 2010 section 18 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
19C: Establishment of other council-controlled organisations
1: The Transition Agency must establish the council-controlled organisations (if any) that it is directed to establish in accordance with section 44
2: The Transition Agency must establish a council-controlled organisation to which this section applies in a way that complies with—
a: the requirements of the relevant Order in Council; and
b: Part 5
c: any other relevant enactment.
3: For the purposes of subsection (2)(b), Part 5
a: as if the Transition Agency were a local authority; and
b: with any necessary modifications, except that—
i: sections 56 57(1)
ii: the initial constitution of the organisation must provide for a review of its provisions by the Auckland Council before 30 June 2012. Section 19C inserted 15 June 2010 section 18 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
20: Review of existing local government organisation decisions and meeting agendas during transition period
1: The Transition Agency may review—
a: any decision made by, or on behalf of, an existing local government organisation during the transition period; and
b: any item on the agenda for any meeting of an existing local government organisation or any committee of an existing local government organisation to be held during the transition period.
2: Despite subsection (1) section 21(2)(a)
3: The Transition Agency must, without delay, notify an existing local government organisation if it—
a: reviews a decision of the organisation under subsection (1)(a); and
b: considers, on reasonable grounds, that the decision is a decision to which section 31
4: The Transition Agency must, without delay, notify an existing local government organisation if it—
a: reviews an item under subsection (1)(b); and
b: considers, on reasonable grounds, that a decision in relation to that item will, or may, be a decision to which section 31
21: Confirmation of decisions of existing local government organisations
1: This section applies to the Transition Agency if an existing local government organisation seeks confirmation of a decision to which section 31
2: The Transition Agency must, as soon as practicable and in writing,—
a: confirm the decision; or
b: decline to confirm the decision and give reasons for doing so (with reference to the matters in section 31(1)
c: if it considers that it has insufficient information to make a decision, request further information from the chief executive and then act under paragraph (a) or (b), as the case may be.
21A: Appointment of interim chief executive for Auckland Transport
1: The Transition Agency must, as soon as practicable, appoint a chief executive for Auckland Transport for a term ending no later than 30 June 2012.
2: In making an appointment under subsection (1), the Transition Agency must have regard to the skills and experience required of a chief executive in order to—
a: prepare for the establishment of Auckland Transport on 1 November 2010; and
b: exercise the powers set out in section 21B
c: provide effective leadership of the staff and management of the systems and resources of Auckland Transport during its infancy. Section 21A inserted 15 June 2010 section 19 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
21B: Interim chief executive for Auckland Transport may appoint staff and enter into contracts
1: A chief executive appointed under section 21A
a: employ staff for Auckland Transport (whose start date may be before, on, or after 1 November 2010 as the chief executive thinks fit); and
b: enter into contracts, leases, and other agreements to enable Auckland Transport to operate efficiently and effectively on and from 1 November 2010.
2: In acting under subsection (1)(a) section 13(2)(b)
3: For the purposes of this section, the chief executive must exercise the powers and carry out the functions described in this section as if section 6 Part 4 section 31
a: any appointment made under subsection (1)(a) by him or her before 1 November 2010 is—
i: deemed to be made with the express authority of Auckland Transport; and
ii: valid and enforceable; and
b: any contract, lease, or other agreement entered into under subsection (1)(b) by him or her before 1 November 2010 is—
i: deemed to be entered into with the express authority of Auckland Transport; and
ii: valid and enforceable.
4: Despite subsection (3), the Transition Agency is responsible for all costs and other obligations associated with any appointment, contract, lease, or other agreement made by the chief executive under subsection (1) and incurred before 1 November 2010. Section 21B inserted 15 June 2010 section 19 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
21C: Transition Agency may exercise powers under section 21B in certain circumstances
The Transition Agency may exercise the powers of the chief executive described in section 21B
a: with the agreement of the chief executive; or
b: as the chief executive, if no person is, for the time being, appointed under section 21A Section 21C inserted 15 June 2010 section 19 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Expenditure and recovery of costs
22: Expenditure to be approved by Ministers
The Transition Agency must obtain the approval of the Minister and the Minister of Finance for its budgeted expenditure for the period of its existence.
23: Crown expenses and capital expenditure recoverable from Transition Agency
Any expenses or capital expenditure that the Crown incurs in relation to establishing the Transition Agency, or for the purposes of the Transition Agency, constitute a debt due by the Transition Agency to the Crown on the terms and conditions agreed between the Minister, the Minister of Finance, and the Transition Agency. Application of certain enactments to Transition Agency
24: Application of Ombudsmen Act 1975 and Official Information Act 1982
The Ombudsmen Act 1975 Official Information Act 1982 Part 2
25: Application of Public Audit Act 2001
The Public Audit Act 2001 Schedule 2
26: Schedule 4 of Public Finance Act 1989 amended to include Transition Agency
Schedule 4 Name or description of organisation SOI 139 Annual report 150 SSP 153 Securities 161 Borrowing 162 Guarantees 163 Derivatives 164 Surplus 165 Auckland Transition Agency 2009-05-25 Public Finance Act 1989
26A: Transition Agency not required to prepare annual financial statements for year ending 30 June 2010
1: Despite sections 154 to 156 section 45M
2: Instead, the financial statements required by section 45J
3: The Auditor-General must—
a: audit the financial statements referred to in subsection (2); and
b: provide an audit report on them to the Minister and the Auckland Council before 28 February 2011. Section 26A inserted 15 June 2010 section 20 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Dissolution of Transition Agency
27: Dissolution of Auckland Transition Agency
1: The Transition Agency is dissolved on the close of 31 October 2010.
2: Any property of the Transition Agency remaining at the time of its dissolution vests in the Auckland Council.
2A: All information held by the Transition Agency at the time of its dissolution is transferred to the Auckland Council.
2B: All money payable to or by the Transition Agency at the time of its dissolution becomes payable to or by the Auckland Council.
2C: Any rights, liabilities, contracts, entitlements, or engagements of the Transition Agency remaining at the time of its dissolution become rights, liabilities, contracts, entitlements, and engagements of the Auckland Council.
2D: The dissolution of the Transition Agency and the transfer of any property, information, money, rights, liabilities, contracts, entitlements, or engagements to the Auckland Council—
a: is not to be treated as placing a person in breach of, or in default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and
b: is not to be treated as entitling a person to—
i: terminate or cancel or modify a contract, an agreement, or an arrangement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; and
c: does not release any surety wholly or in part from all or any obligation; and
d: does not invalidate or discharge any contract or security.
3: Section 27(2) substituted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(2A) inserted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(2B) inserted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(2C) inserted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(2D) inserted 15 June 2010 section 21 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 27(3) repealed 23 September 2009 section 41 Local Government (Auckland Council) Act 2009
28: Consequential amendment to Public Finance Act 1989
Schedule 4 2010-11-01 Public Finance Act 1989
2: Existing local authorities and local government organisations
29: Obligations of existing local authorities during transition period
1: An existing local authority must continue, subject to the provisions of this subpart, to perform its role as a local authority (as described in section 11
2: An existing local authority must co-operate with the Transition Agency and every other existing local government organisation (including existing local authorities) to facilitate the reorganisation.
3: Without limiting subsection (2), an existing local authority must—
a: comply with any reasonable request by the Transition Agency for employees of the existing local authority to be seconded to the Transition Agency under section 13(1)(f)
b: comply with any reasonable request by the Transition Agency for any information that the existing local authority holds that is relevant to the reorganisation (including personal information relating to employment matters); and
c: act in accordance with section 31
29A: Obligations of existing local authorities in relation to 2010/2011 annual plan
1: This section applies in relation to the annual plan for the financial year commencing 1 July 2010 that each existing local authority is required to prepare and adopt under section 95
2: The annual plan is only required to cover the period from 1 July 2010 to 31 October 2010 (being the period from the commencement of the financial year until the date on which each existing local authority is dissolved under section 35
3: Despite section 95(2) LTCCP
4: An annual plan is not inconsistent with the financial statements and funding impact statement included in the LTCCP for the 2010/2011 financial year because—
a: the plan applies to a 4-month period; or
b: the plan reflects more accurate estimates of—
i: the costs of achieving and maintaining the levels of service provision identified in the LTCCP in respect of that year; or
ii: any other costs or expenses identified in the LTCCP in respect of that year; or
iii: any revenue or other income of the existing local authority identified in the LTCCP in respect of that year.
5: An existing local authority must consult the Transition Agency throughout the preparation of the annual plan.
6: Except to the extent that it is modified by this section, section 95
7: Nothing in subsection (5) limits or affects the obligations imposed on an existing local authority under section 29 31 Section 29A inserted 23 September 2009 section 42 Local Government (Auckland Council) Act 2009
29B: Rates and other revenue mechanisms
1: Each existing local authority must set each rate and any other revenue mechanism provided for in the funding impact statement included in the annual plan to which section 29A
2: Subsection (1) applies despite the annual plan only covering the 4-month period from 1 July 2010 to 31 October 2010.
3: In setting each rate or other revenue mechanism, an existing local authority must ensure that the rate or mechanism is set at a level sufficient to meet—
a: the amount of funds required from the mechanism (as set out in the funding impact statement) for the 4-month period; and
b: the amount of funds that would be required from the mechanism for the balance of the financial year, if the requirements identified in paragraph (a) continued for that period. Section 29B inserted 23 September 2009 section 42 Local Government (Auckland Council) Act 2009
29C: Obligations of existing local authorities in relation to
2009/2010
1: An existing local authority is not required to prepare and adopt an annual report for the 2009/2010 financial year.
2: Instead, a report for the period 1 July 2009 to 31 October 2010 must be prepared by each existing local authority for completion and adoption
3: Sections 98 99 Section 29C inserted 23 September 2009 section 42 Local Government (Auckland Council) Act 2009 Section 29C heading amended 15 June 2010 section 22(1) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 29C(2) amended 15 June 2010 section 22(2) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Section 29C(3) amended 15 June 2010 section 22(3) Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
29D: Obligations of existing local authorities under section 79 of Resource Management Act 1991
An existing local authority that works on the development of a regional policy statement, regional plan, or district plan to be made by the Auckland Council after 1 November 2010 is deemed to have complied with section 79 Section 29D inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
29E: Obligations of existing local authorities in relation to October 2010 triennial general elections
1: For the purposes of preparing for the October 2010 triennial general elections in Auckland, each existing local authority that is a territorial authority must, no later than 1 July 2010,—
a: make a bylaw, or amend an existing bylaw,—
i: to give effect, within its district, to the rules and requirements set out in Schedule 3
ii: that identifies all the land owned by the existing local authority on which signs may be erected in accordance with the bylaw; and
b: revoke any existing bylaw or part of any bylaw that is inconsistent with the rules and requirements set out in Schedule 3
2: Sections 155 156
3: To avoid doubt, subsection (1) does not require the Franklin District Council to make, amend, or revoke any bylaw in respect of any part of its district in which, because of the boundary adjustment order, elections for the Auckland Council will not be held. Section 29E inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
29F: Rodney District Council and Waitakere City Council 2010 revaluations not required
1: The Rodney District Council and the Waitakere City Council are not required to revise their district valuation rolls in 2010 for the purposes of a general revaluation.
2: Subsection (1) applies despite the requirements of—
a: section 9(1)
b: the Local Government (Rating) Act 2002 Section 29F inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
29G: Auckland Regional Council must ensure sufficient Watercare Services Limited employees appointed as enforcement officers
1: The Auckland Regional Council must ensure that sufficient Watercare Services Limited employees are appointed (with effect no later than the close of 31 October 2010) as enforcement officers under section 177 section 67
2: The Auckland Regional Council must consult the Transition Agency before acting under subsection (1). Section 29G inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
29H: Franklin District Council must prepare and adopt schedules relating to development contributions
1: This section applies to the Franklin District Council in respect of development contributions under subpart 5
2: No later than 30 September 2010, the Council must prepare and adopt—
a: a schedule specifying the community facilities—
i: in the areas of its district that on 1 November 2010, in accordance with the boundary adjustment order, will become part of the Waikato District; and
ii: for which development contributions may be required under its development contributions policy; and
b: based on the schedule in paragraph (a), a schedule of development contributions payable in respect of those areas; and
c: a schedule specifying the community facilities—
i: in the areas of its district that on 1 November 2010, in accordance with the boundary adjustment order, will become part of the Hauraki District; and
ii: for which development contributions may be required under its development contributions policy; and
d: based on the schedule in paragraph (c), a schedule of development contributions payable in respect of those areas; and
e: a schedule specifying the community facilities—
i: in the areas of its district that on 1 November 2010, in accordance with the boundary adjustment order, will become part of Auckland; and
ii: for which development contributions may be required under its development contributions policy; and
f: based on the schedule in paragraph (e), a schedule of development contributions payable in respect of those areas.
3: The schedules referred to in subsection (2)(b), (d), and (f) must comply with the requirements of section 202
4: In preparing the schedules, the Franklin District Council is not required to use the special consultative procedure but must consult the Waikato District Council, the Hauraki District Council, and the Transition Agency.
5: Development contributions payable under a schedule referred to in subsection (2)(b), (d), or (f) must not exceed the development contributions payable in the same circumstances and for the same purposes as stated in the development contributions policy.
6: In this section, development contributions policy
a: adopted by the Franklin District Council under section 102(4)(d)
b: included in its long-term council community plan as at 1 July 2010. Section 29H inserted 15 June 2010 section 23 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
30: Obligations of existing local government organisations (other than existing local authorities) during transition period
1: This section applies to all existing local government organisations other than existing local authorities.
2: An existing local government organisation must continue, subject to the provisions of this subpart, to fulfil its legal obligations and perform its duties during the transition period.
3: An existing local government organisation must co-operate with the Transition Agency and every other existing local government organisation (including every existing local authority) to facilitate the reorganisation.
4: Without limiting subsection (3), an existing local government organisation must—
a: comply with any reasonable request by the Transition Agency for employees of the existing local government organisation to be seconded to the Transition Agency under section 13(1)(f)
b: comply with any reasonable request by the Transition Agency for any information that the existing local government organisation holds that is relevant to the reorganisation (including personal information relating to employment matters).
5: In this section, existing local government organisation section 6(1)(a)
30A: Watercare Services to plan and manage integration of water supply and wastewater services
1: Watercare Services Limited must plan and manage the integration of water supply and wastewater services in Auckland—
a: under the oversight of the Transition Agency; and
b: in accordance with the process approved by the Transition Agency under section 13(1)(ca)
c: in a way that ensures that Watercare Sevices Limited becomes the provider of integrated water supply and wastewater services to Auckland.
2: For the purposes of subsection (1), Watercare Services Limited must formulate—
a: a plan for the interim management, as from 1 November 2010, of stand-alone water and wastewater schemes within Auckland; and
b: detailed proposals for the long-term management and operation of those schemes for consideration by the Auckland Council and its local boards.
3: Nothing in this section applies to stormwater drainage services. Section 30A inserted 23 September 2009 section 43 Local Government (Auckland Council) Act 2009
31: Decision making during transition period
1: Subsections (6) and (7) apply to any decision of an existing local government organisation—
a: during the transition period; and
b: that may, directly or because of its consequences,—
i: significantly prejudice the reorganisation:
ii: significantly constrain the powers or capacity of the Auckland Council or any subsidiary of the Auckland Council following the reorganisation:
iii: have a significant negative impact on the assets or liabilities that are transferred to the Auckland Council as a result of the reorganisation.
2: Without limiting subsection (1), subsections (6) and (7) apply to any decision—
a: made during the transition period by an existing local authority and to which subsection (4) applies; or
b: made during the transition period by an existing local government organisation other than an existing local authority and to which subsection (5) applies.
3: However, nothing in subsection (2) applies to Ports of Auckland Limited or any subsidiary of Ports of Auckland Limited.
4: This subsection applies to a decision—
a: in respect of which the Transition Agency has notified the existing local authority under section 20
b: to adopt or amend a long-term council community plan or to adopt an annual plan:
c: to adopt a policy required by the Local Government Act 2002
d: that is significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent with, any policy or plan adopted by the existing local authority under the Local Government Act 2002
e: to set a rate other than in accordance with its long-term council community plan:
f: to purchase or dispose of assets other than in accordance with its long-term council community plan:
g: to appoint a chief executive or to modify the terms and conditions on which the chief executive is employed:
h: to terminate the chief executive's employment:
i: to enter into any contract (other than an employment agreement)—
i: that imposes, or will continue to impose, any obligation on the existing local authority after 30 June 2011; and
ii: the consideration for which is, or is equivalent to, $20,000 or more:
j: to borrow money for a period that extends beyond 30 June 2011:
k: to establish, or become a shareholder in, a council-controlled organisation:
l: to adopt or amend a policy concerning the appointment or remuneration of directors of a council-controlled organisation:
m: to appoint a person as a director of a council-controlled organisation:
n: to agree to, or modify, the statement of intent of a council-controlled organisation.
5: This subsection applies to a decision—
a: in respect of which the Transition Agency has notified the existing local government organisation under section 20
b: to purchase or dispose of an asset, if the purchase or disposal of the asset will have a material impact on the capacity or financial well-being of the organisation:
c: to appoint a chief executive, or to appoint any person to a position established only after the commencement of the transition period:
d: to enter into any contract (other than an employment agreement)—
i: that imposes, or will continue to impose, any obligation on the organisation after 30 June 2011; and
ii: the consideration for which is, or is equivalent to, $20,000 or more:
e: to borrow money for a period that extends beyond 30 June 2011.
6: The chief executive of the existing local government organisation must ensure that the decision has been confirmed in writing by the Transition Agency before implementing the decision.
7: A decision to which this section applies is void and of no effect until it is confirmed.
32: No October 2010 triennial general election for existing local authorities
1: Despite section 10
a: a triennial general election is not required to be held on 9 October 2010 for—
i: an existing local authority; or
ii: a community board of an existing local authority; and
b: sections 19H 19ZI
2: Each member of an existing local authority and each member of a community board of an existing local authority remains in office until the close of 31 October 2010. Section 32(2) added 15 June 2010 section 24 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
33: Extraordinary vacancy during transition period
Sections 117(2) 118 119
a: in the office of an elected member of an existing local authority or in the office of an elected member of a community board of an existing local authority; and
b: at any time during the transition period.
34: Chief executives of existing local authorities
1: The chief executive of an existing local authority is, in addition to the matters set out in section 42(2) section 29(2)
2: Nothing in this Act affects the employment agreement of any person appointed as a chief executive under section 42
34A: Employees of existing local authorities and terminating organisations
Part 2 Section 34A added 15 June 2010 section 25 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
3: Dissolution of existing local authorities and other local government organisations
Subpart 3 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
35: Dissolution of existing local authorities
1: On 1 November 2010, each existing local authority is dissolved and—
a: the functions, duties, and powers of each existing local authority under any enactment become functions, duties, and powers of the Auckland Council; and
b: except in respect of terminating organisations, the interests of each existing local authority in any council-controlled organisation or council organisation become interests of the Auckland Council in the council-controlled organisation or council organisation; and
c: Part 2
d: all property belonging to each existing local authority vests in the Auckland Council; and
e: all information held by each existing local authority is held by the Auckland Council; and
f: all money payable to or by each existing local authority becomes payable to or by the Auckland Council; and
g: all rights, liabilities, contracts, entitlements, and engagements of each existing local authority become rights, liabilities, contracts, entitlements, and engagements of the Auckland Council; and
h: anything done, or omitted to be done, or that is to be done, by, or in relation to, each existing local authority (including, to avoid doubt, the existing community boards of each existing local authority) must be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, the Auckland Council; and
i: proceedings commenced, continued, or enforced by or against each existing local authority may instead be commenced, continued, or enforced by or against the Auckland Council (without amendment to the proceedings); and
j: a matter or thing that would have, but for this section, been completed by an existing local authority must be completed by the Auckland Council.
2: To avoid doubt, the dissolution of an existing local authority does not, of itself, affect any of the following matters:
a: any decision made, or anything done or omitted to be done, by the existing local authority in relation to the performance of the authority's functions and duties or the exercise of its powers under any enactment:
b: any proceedings commenced by or against the existing local authority:
c: any other matter or thing arising out of the existing local authority's performance, or purported performance, of the authority's functions and duties, or the exercise, or purported exercise, of its powers under any enactment.
3: In subsection (1)(b), interests
4: Subsection (1)(a), (b), and (d) to (j) apply in respect of each existing local authority except to the extent that an Order in Council under section 36 37 Section 35 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
36: Vesting of assets, etc, of existing local authorities in entities other than Auckland Council
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: vest any specified assets of an existing local authority in an entity other than the Auckland Council (an alternative entity
b: specify any liabilities of an existing local authority as liabilities of an alternative entity:
c: specify any rights, obligations, or other matters of an existing local authority as rights, obligations, or other matters of an alternative entity.
2: An order made under this section—
a: must be made before 1 November 2010; and
b: has effect on and from 1 November 2010; and
c: must specify the alternative entity (which must be one of the entities described in section 43(2)(b)(ii) or (iii)
3: The Minister must not recommend the making of an order without first consulting the Transition Agency. Section 36 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
37: Vesting of assets, etc, of existing local authorities in Watercare Services Limited
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: vest any specified assets of the existing local authorities that are used for or relate to water supply or wastewater services in Watercare Services Limited:
b: specify any liabilities of the existing local authorities that relate to water supply or wastewater services as liabilities of Watercare Services Limited:
c: specify any rights, obligations, or other matters of the existing local authorities that relate to water supply or wastewater services as rights, obligations, or other matters of Watercare Services Limited.
2: An order may also—
a: identify the total liability of the existing local authorities that—
i: relates to water supply or wastewater services (including any relevant portions of general liabilities); and
ii: by operation of section 35(1)(g)
b: provide for a corresponding debt (however structured), owed by Watercare Services Limited to the Auckland Council.
3: An order made under this section—
a: must be made before 1 November 2010; and
b: has effect on and from 1 November 2010.
4: The Minister must not recommend the making of an order without first consulting the Transition Agency.
5: In this section,— existing local authorities water supply and wastewater services
a: includes both bulk and retail supply and services; but
b: does not include—
i: water supply or wastewater schemes that are independent of a water supply network or waste-water network, as the case may be, within Auckland:
ii: privately owned water supply or wastewater schemes:
iii: stormwater drainage services, except to the extent that any stormwater drainage infrastructure is also used for wastewater services under normal dry weather flow conditions. Section 37 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
38: Terminating organisations
1: On 1 November 2010, each terminating organisation is dissolved and—
a: all property belonging to each terminating organisation vests in its receiving entity; and
b: the interests of each terminating organisation in any other council-controlled organisation or council organisation become interests of its receiving entity in the council-controlled organisation or council organisation; and
c: Part 2
d: all information held by each terminating organisation is held by its receiving entity; and
e: all money payable to or by each terminating organisation becomes payable to or by its receiving entity; and
f: all rights, liabilities, contracts, entitlements, and engagements of each terminating organisation become rights, liabilities, contracts, entitlements, and engagements of its receiving entity; and
g: anything done, or omitted to be done, or that is to be done, by, or in relation to, each terminating organisation must be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, its receiving entity; and
h: proceedings commenced, continued, or enforced by or against each terminating organisation may instead be commenced, continued, or enforced by or against its receiving entity (without amendment to the proceedings); and
i: a matter or thing that would have, but for this section, been completed by a terminating organisation must be completed by its receiving entity.
2: To avoid doubt, the dissolution of a terminating organisation does not, of itself, affect any of the following matters:
a: any proceedings commenced by or against the terminating organisation:
b: if the terminating organisation has statutory functions, duties, or powers under any enactment,—
i: any decision made, or anything done or omitted to be done, by the organisation in relation to the performance of those functions and duties or the exercise of those powers:
ii: any other matter or thing arising out of the organisation's performance, or purported performance, of those functions and duties, or the exercise, or purported exercise, of those powers.
3: No director or board member of a terminating organisation is entitled to any compensation in respect of the termination of his or her office as a result of the dissolution of the organisation under this section.
4: In subsection (1)(b), interests
5: Subsection (1)(a), (b), and (d) to (i) apply in respect of each terminating organisation except to the extent that an Order in Council under section 39 Section 38 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
39: Vesting of assets, etc, of terminating organisations in entities other than receiving entity
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: vest any specified assets of a terminating organisation in an entity other than its receiving entity (an alternative entity
b: specify any liabilities of a terminating organisation as liabilities of an alternative entity:
c: specify any rights, obligations, or other matters of a terminating organisation as rights, obligations, or other matters of an alternative entity.
2: An order made under this section—
a: must be made before 1 November 2010; and
b: has effect on and from 1 November 2010; and
c: must specify the alternative entity (which must be one of the entities described in section 43(2)(b)
3: The Minister must not recommend the making of an order without first consulting the Transition Agency. Section 39 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
40: Obligations of terminating organisations in relation to 2009/2010 annual report
1: A terminating organisation is not required to prepare and adopt an annual report for the 2009/2010 financial year.
2: Instead, a report for the period beginning on 1 July 2009 and ending at the close of 31 October 2010 must be prepared by the organisation for completion and adoption by its receiving entity.
3: However, if a terminating organisation does prepare an annual report for the 2009/2010 financial year, a report for the period beginning on 1 July 2009 and ending at the close of 31 October 2010 must also be prepared by the organisation for completion and adoption by its receiving entity.
4: Sections 67 68 Section 40 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
41: Auckland Regional Transport committee disestablished
1: On 1 November 2010, the Auckland Regional Transport committee is disestablished and the term of office of every member of the committee ends.
2: No member of the committee is entitled to any compensation in respect of the termination of his or her office under subsection (1). Section 41 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
42: Rights, obligations, etc, not affected by dissolutions, transfers, vestings, etc, effected under this subpart
1: This section applies to the following actions effected under this subpart:
a: the dissolution of an existing local authority and the transfer of its property, rights, obligations, etc, to the Auckland Council under section 35
b: the vesting of assets, etc, of an existing local authority in an alternative entity under section 36
c: the vesting of water supply or wastewater services assets, liabilities, etc, of an existing local authority in Watercare Services Limited under section 37
d: the dissolution of a terminating organisation and the transfer of its property, rights, obligations, etc, to its receiving entity under section 38
e: the vesting of assets, etc, of a terminating organisation in an alternative entity under section 39
2: An action to which this section applies—
a: is not to be treated as placing a person in breach of, or in default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and
b: is not to be treated as entitling a person to—
i: terminate or cancel or modify a contract, an agreement, or an arrangement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; and
c: does not release any surety wholly or in part from all or any obligation; and
d: does not invalidate or discharge any contract or security. Section 42 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
4: Miscellaneous provisions
Subpart 4 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Governor-General's powers Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
43: Power to amend Schedule 4
1: This section applies only to a council-controlled organisation that is wholly owned or controlled by—
a: 1 or more existing local authorities; or
b: 1 or more terminating organisations; or
c: 1 or more existing local authorities and 1 or more terminating organisations.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 4
a: identify a council-controlled organisation as a terminating organisation by inserting its name in the first column of that schedule
b: identify one of the following entities as the receiving entity for the council-controlled organisation by inserting the name of the entity in the second column of that schedule
i: the Auckland Council:
ii: an existing local government organisation that, on and from 1 November 2010, by operation of this Act, will be a council-controlled organisation of the Auckland Council:
iii: a council-controlled organisation of the Auckland Council established on and from 1 November 2010 by or under this or any other enactment (whether or not the enactment is in force at the time of the making of the order).
3: An order made under this section must be made before 1 November 2010.
4: The Minister must not recommend the making of an order—
a: unless he or she is satisfied that,—
i: at the time of making the recommendation, the council-controlled organisation is a council-controlled organisation to which this section applies; and
ii: the dissolution of the council-controlled organisation is necessary for the effective and efficient governance of Auckland and does not inappropriately constrain the discretion and accountability of the Auckland Council; and
b: without first consulting the Transition Agency.
5: To avoid doubt, an order may be made under this section in respect of Auckland Regional Holdings. Section 43 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
44: Power to direct Transition Agency to establish council-controlled organisation
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, direct the Transition Agency to establish 1 or more entities as council-controlled organisations of the Auckland Council to operate on and from 1 November 2010.
2: An order made under this section—
a: must be made before 1 November 2010; and
b: must specify the objectives of the council-controlled organisation; and
c: must specify the governance structure of the organisation; and
d: may specify any other details concerning the structure and operation of the organisation that the Minister recommends.
3: Without limiting subsection (2)(d), and to avoid doubt, an order made under subsection (1) may specify details concerning the financial structure and operation of the organisation.
4: The Minister must not recommend the making of an order—
a: unless he or she is satisfied that the establishment of the council-controlled organisation concerned is necessary for the effective and efficient governance of Auckland and does not inappropriately constrain the discretion and accountability of the Auckland Council; and
b: without first consulting the Transition Agency.
5: The Minister may appoint initial directors of a council-controlled organisation established under this section under section 48 Section 44 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
45: Power to specify certain fees and charges
1: This section applies to a fee or charge that—
a: is prescribed by an existing local authority; and
b: relates to a certificate, authority, approval, or permit, or a consent from, or inspection by, or registration with, the existing local authority that is required by or under an enactment; and
c: is authorised by or under that enactment or section 150
d: does not relate to goods, services, or amenities provided by the existing local authority in reliance on its general powers under section 12
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, replace a fee or charge with 1 or more new fees or charges.
3: An order made under this section—
a: must be made before 1 October 2010; and
b: has effect on and from a specified date (being no later than the close of 31 October 2010).
4: The Minister must not recommend the making of an order without first consulting the Transition Agency. Section 45 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
46: Power to prescribe standing orders for Auckland Council
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe standing orders to serve as the standing orders of the Auckland Council until the Council adopts its first standing orders under clause 27
2: The prescribed standing orders must not contravene the Local Government Act 2002 Local Government Official Information and Meetings Act 1987
3: An order made under this section—
a: must be made before 1 November 2010; and
b: has effect on and from 1 November 2010.
4: The Minister must recommend the making of an order, but must first consult the Transition Agency. Section 46 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
47: Transitional regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to—
a: prescribe matters in respect of the establishment of the Auckland Council and its subsidiaries that may be in addition to or in place of the provisions of this Act:
b: extend the time for completing an action, a step, or a procedure that is required by or under this Act and that is not done or cannot be done by the time required:
c: make provision for a situation for which no or insufficient provision is made by or under this Act
2: The Minister must not recommend the making of regulations unless he or she is satisfied that to do so is necessary for the effective and efficient governance of Auckland on and from 1 November 2010.
3: Any regulations made under this section that are in force on 31 October 2010 expire at the close of that day. Section 47 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Ministerial powers Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
48: Minister may appoint initial directors of certain council-controlled organisations
1: This section applies to the following council-controlled organisations:
a: the entity established under section 19B
b: an entity established as a council-controlled organisation in accordance with section 44
2: The Minister may, by notice in the Gazette
a: no director may be appointed for a term greater than 3 years; and
b: no more than one-third of the total number of directors appointed may be appointed for a term greater than 2 years; and
c: no more than two-thirds of the total number of directors appointed may be appointed for a term greater than 1 year.
3: The Minister must not appoint a person under this section unless he or she is satisfied that the person has the skills, knowledge, or experience to—
a: guide the council-controlled organisation, having regard to the nature and scope of its activities; and
b: contribute to the achievement of the objectives of the organisation.
4: The Minister may appoint directors under this section to act as the chairperson and deputy chairperson of a council-controlled organisation until the Auckland Council makes any appointment to those positions (whether under section 95
5: The Minister must not appoint a person under this section without first consulting the Transition Agency. Section 48 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
49: Minister of Transport and Minister may appoint initial directors of Auckland Transport
1: The Minister of Transport and the Minister may, by notice in the Gazette
a: no director may be appointed for a term greater than 3 years; and
b: no more than one-third of the total number of directors appointed may be appointed for a term greater than 2 years; and
c: no more than two-thirds of the total number of directors appointed may be appointed for a term greater than 1 year.
2: The Ministers must not appoint a person under this section unless they are satisfied that the person has the skills, knowledge, or experience to—
a: guide Auckland Transport, having regard to the nature and scope of its activities; and
b: contribute to the purpose of Auckland Transport.
3: The Ministers may appoint directors under this section to act as the chairperson and deputy chairperson of Auckland Transport until the Auckland Council makes appointments to those positions under section 43(3)
4: The Ministers must not appoint a person under this section without first consulting the Transition Agency. Section 49 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Public officials' duties Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
50: Chief executive of Ministry of Pacific Island Affairs must develop proposals in relation to establishment of Pacific Peoples Advisory Panel
1: The chief executive of the Ministry of Pacific Island Affairs must develop proposals in relation to the establishment of a Pacific Peoples Advisory Panel (as required by section 86
2: The proposals must be developed no later than 1 November 2010.
3: In acting under subsection (1), the chief executive—
a: must consult the Transition Agency and each existing local authority; and
b: may consult any other person as he or she thinks fit. Section 50 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
51: Remuneration Authority to determine remuneration for Auckland Council and local boards
1: The Remuneration Authority must, no later than 15 July 2010, determine the remuneration, allowances, and expenses payable to—
a: the mayor and members of the Auckland Council:
b: the chairpersons and members of local boards of the Auckland Council.
2: For the purposes of this section, the Remuneration Authority must act as if Part 2 clauses 6 to 13 Section 51 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
52: Auckland Council to be entered in register of building consent authorities
Before the close of 31 October 2010, the chief executive of the Ministry that is responsible for the administration of the Building Act 2004 section 73 section 273(1)(a) sections 191 to 197 Section 52 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
53: Initial members of board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau to be appointed on or before 1 November 2010
1: The initial members of the board established by section 81 Part 7
2: For the purposes of this section, the Minister of Māori Affairs, the selection body, the mana whenua groups concerned, and any other person with a role in the appointment process of board members must act as if Part 7 and Schedule 2
3: The Transition Agency is responsible for any reasonable costs any person may incur in acting under this section, including the costs of the Minister and the mana whenua groups. Section 53 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989 Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
54: Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989
An Order in Council made under section 19B Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989 Section 54 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Local Government (Watercare Services Limited) Order 2007 Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
55: Amendment to Local Government (Watercare Services Limited) Order 2007
1: This section amends the Local Government (Watercare Services Limited) Order 2007
2: Clause 3 30 June 31 October 2010-06-15 Local Government (Watercare Services Limited) Order 2007 New amendment to the commencement section of this Act (s 2(4)) relates to this new amendment section. Section 55 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 Relationship of this Part to enactments applying to existing local government organisations Heading added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010
56: Relationship of this Part to enactments applying to existing local government organisations
If there is any inconsistency between this Part and any enactment that applies to any existing local government organisation, this Part prevails. Section 56 added 15 June 2010 section 26 Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010