Local Government Act 2002 Amendment Act 2006

1: Title
This Act is the Local Government Act 2002 Amendment Act 2006.
2: Commencement
1: Section 7
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Local Government Act 2002
4: Interpretation
1: Section 5(1) bylaw .
2: Section 5(1) community facilities community facilities section 197
5: Exempted organisations
1: Section 7(1) established under an enactment,
2: Section 7 subsection (2)
2: The Minister may make a recommendation only if—
a: the organisation is subject to monitoring and reporting requirements under an enactment; and
b: in the Minister's opinion, the organisation's accountability under that enactment is of a similar nature and effect to that required of a council-controlled organisation under this Act.
6: Status and powers
Section 12(6) ; or
d: prevent a local authority from making a donation (whether of money, resources, or otherwise) to another local authority or to a person or organisation outside its district or region or outside New Zealand—
i: if the local authority considers, on reasonable grounds, that the donation will benefit its district or region, or the communities within its district or region; or
ii: if the local authority considers, on reasonable grounds, that a benefit will be conferred on the local government sector as a whole; or
iii: for emergency relief; or
e: prevent a local authority from making a donation (whether of money, resources, or otherwise) to a local government body outside New Zealand to enable it to share its experience and expertise with that body.
7: Local governance statements
Section 40(1) paragraph (b)
ba: the bylaws of the local authority, including for each bylaw, its title, a general description of it, when it was made, and, if applicable, the date of its last review under section 158 or 159 . 2007-10-14 Section 40(1)
8: Statements of intent for council-controlled organisations
Section 64
6: Despite this section, an organisation that becomes a council-controlled organisation not more than 6 months before the end of a financial year is not required to prepare a statement of intent for that financial year.
9: New section 86 substituted
Section 86
86: Use of special consultative procedure in relation to making, amending, or revoking bylaws
1: This section applies to the following:
a: making a bylaw to which section 156
b: amending a bylaw to which section 156 subsection (2) of that section
c: revoking a bylaw to which section 156
2: Where the special consultative procedure is used in relation to an activity described in subsection (1) section 83(1)(a)
a: as the case may be,—
i: a draft of the bylaw as proposed to be made or amended; or
ii: a statement that the bylaw is to be revoked; and
b: the reasons for the proposal; and
c: a report on any relevant determinations by the local authority under section 155
10: Certain decisions to be taken only if provided for in long-term council community plan
Section 97(2)(a) the council's its
11: Policy on partnerships with private sector
1: Section 107(2)(a)(ii) council organisations council-controlled organisations
2: Section 107(2)(b) by, or services to,
12: Prohibition on borrowing in foreign currency
Section 113
2: Subsection (1)
13: New section 138 substituted
Section 138
138: Restriction on disposal of parks (by sale or otherwise)
1: A local authority proposing to sell or otherwise dispose of a park or part of a park must consult on the proposal before it sells or disposes of, or agrees to sell or dispose of, the park or part of the park.
2: In this section,— dispose of park
a: means land acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; but
b: does not include land that is held as a reserve, or part of a reserve, under the Reserves Act 1977
14: New sections 139 and 139A substituted
Section 139
139: Protection of regional parks
1: In this section and section 139A
a: means land—
i: owned by a regional council; and
ii: acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; and
b: includes land within the meaning of paragraph (a)
i: reserve within the meaning of section 2(1) of the Reserves Act 1977
ii: otherwise held or administered under the Reserves Act 1977
2: For the purpose of enabling a regional council to protect a regional park or part of a regional park in its region, the Governor-General may, by Order in Council made on the recommendation of the Minister, declare the park or the part of the park to be protected in perpetuity from disposition (by sale or otherwise).
3: The Minister must not make a recommendation unless the regional council has requested the Minister to do so.
4: An Order in Council does not prevent a regional council from disposing of part of the regional park to which the order applies—
a: to make a minor boundary adjustment to it:
b: for the more efficient administration of it.
5: However, subsection (4)
a: the retention of the land would not materially enhance the conservation or recreational value of the park; and
b: the regional council has used the special consultative procedure in the process of determining whether to dispose of the land.
6: Any land within the meaning of subsection (1)(b)
a: retains its classification under the Reserves Act 1977
b: remains subject to that Act; and
c: if the land is to be sold or disposed of under subsection (4) of this section sections 24 and 25 of that Act
7: An Order in Council must specify the regional park or the part of the regional park to which the order applies—
a: by name and legal description, if it is practicable to do so; or
b: by name and a detailed description of the location of the land, in any other case.
139A: Further provision in relation to regional parks
1: An Order in Council made under section 139
2: The provisions of section 139 subsection (1)
15: General provisions applying to bylaws
1: The heading to section 151 made under this Act
2: Section 151 subsection (1)
1AA: This section applies to a bylaw only if it is made under this Act.
16: Determination whether bylaw is appropriate
1: The heading to section 155 made under this Act bylaw
2: Section 155 subsection (1)
1AA: This section applies to a bylaw only if it is made under this Act.
17: New section 156 substituted
Section 156
156: Special consultative procedure must be used in making, amending, or revoking bylaw made under this Act
1: A local authority must use the special consultative procedure (as modified by section 86
a: making a bylaw under this Act:
b: amending a bylaw made under this Act:
c: revoking a bylaw made under this Act.
2: Despite subsection (1)(b)
a: make minor changes to, or correct errors in, a bylaw, but only if the changes or corrections do not affect—
i: an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or
ii: an existing status or capacity of any person to whom the bylaw applies:
b: convert an imperial weight or measure specified in a bylaw into its metric equivalent or near metric equivalent.
18: Heading above section 158 amended
The heading above section 158 made under this Act or the Local Government Act 1974
19: New sections 158 to 160A substituted
Sections 158 to 160
158: Review of bylaws made under this Act or the Local Government Act 1974
1: A local authority must review a bylaw made by it under this Act (other than a bylaw deemed to be made under this Act by section 293
2: A local authority must review a bylaw made by it under the Local Government Act 1974 section 293
a: no later than 1 July 2008, if the bylaw was made before 1 July 2003; and
b: no later than 5 years after the bylaw was made, if the bylaw was made after 1 July 2003.
159: Further reviews of bylaws every 10 years
A local authority must review a bylaw made by it under this Act or the Local Government Act 1974 section 158
160: Procedure for and nature of review
1: A local authority must review a bylaw to which section 158 or 159 section 155
2: For the purposes of subsection (1), section 155
3: If, after the review, the local authority considers that the bylaw—
a: should be amended, revoked, or revoked and replaced, it must act under section 156
b: should continue without amendment, it must use the special consultative procedure.
4: For the purposes of subsection (3)(b) section 83(1)(a)
a: a copy of the bylaw to be continued; and
b: the reasons for the proposal; and
c: a report of any relevant determinations by the local authority under section 155
5: This section n does not apply to any bylaw to which section 10AA of the Dog Control Act 1996
160A: Bylaw not reviewed within specified time frame revoked
A bylaw that is not reviewed as required under section 158 or 159
20: Powers of arrest, search, and seizure in relation to bylaw prohibiting liquor in public place
Section 169(1) bylaw section 147(2)
21: Power to restrict water supply
Section 193(1) paragraph (ba)
ba: fails to comply with any bylaw of a local authority that relates—
i: to water, water pipes, waterworks, water races, or water supply; and
ii: to the person's land or building; or .
22: Interpretation
1: Section 197 subpart, subpart and Schedule 13
2: Section 197 community facilities section 199 .
23: Power to require contributions for developments
1: Section 198(1) before when
2: Section 198(1)(b) authority); and authority):
3: Section 198 subsection (3)
3: A requirement for a development contribution under subsection (1)(a) or (1)(b)
a: a condition of a resource consent that gives rise to any right of objection or appeal; or
b: as the case may be, a matter that gives rise to any right to apply to the chief executive for a determination under the Building Act 2004
4: Subsection (3)
5: In this section,— building consent authority section 273(1)(a) of the Building Act 2004 chief executive section 7 of the Building Act 2004
24: Damage to local authority works or property
Section 232(1) paragraph (d)
d: a drainage work; or
e: anything forming part of, or connected with, any works or property not referred to in paragraphs (a) to (d)
25: Offences punishable on summary conviction
Section 239
2: A District Court presided over by 2 or more Justices has jurisdiction in respect of any summary offence that is a breach of a bylaw made under section 147
26: Bylaws
Section 293
3: Every bylaw to which this section applies that is not revoked or that does not expire before 1 July 2008, is revoked on that date.
27: Schedule 3 amended
1: Clause 10(1)(c) must
2: Clause 59 subclause (2)
2: In preparing a reorganisation scheme, the Commission may also provide for the constitution of any community under Schedule 6
28: Schedule 7 amended
1: Schedule 7 clause 32
32AA: Meaning of officer
For the purposes of clauses 32, 32A, and 32B officer
a: a named person; or
b: the person who is for the time being the holder of a specified office.
2: Clause 32B(1)(a) section clause
29: Schedule 10
1: Clause 10(1)(c) subparagraphs (ii) (iii)
ii: a statement as to whether a uniform annual general charge is to be included and, if so, a statement—
A: as to how the charge is to be calculated; and
B: of the local authority's definition of a separately used or inhabited part of a rating unit, if the charge is to be calculated on this basis; and .
2: Clause 10(1)(d) subparagraph (iii)
iii: for each category, a statement—
A: as to how liability for the targeted rate is to be calculated and
B: of the local authority's definition of a separately used or inhabited part of a rating unit, if the rate is to be calculated on this basis; and .
3: Clause 13(c) subparagraphs (ii) (iii)
ii: whether a uniform annual general charge is to be included and, if so,—
A: how the charge is to be calculated; and
B: the local authority's definition of a separately used or inhabited part of a rating unit, if the charge is to be calculated on this basis; and .
4: Clause 13(d) subparagraph (iii)
iii: for each category,—
A: how liability for the targeted rate is to be calculated; and
B: the local authority's definition of a separately used or inhabited part of a rating unit, if the rate is to be calculated on this basis; and . Consequential amendment to Local Government Act 1974
30: Consequential amendment to Local Government Act 1974
The following section is inserted before section 684 Local Government Act 1974
684AA: Certain provisions of
Local Government Act 2002
1: Despite anything to the contrary in the Local Government Act 2002 sections 150, 151, 155, and 156 of that Act
2: This section does not limit any other provisions of that Act that apply to a bylaw made under this Act. Transitional provision Heading repealed 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
31: Transitional provision for long-term council community plans for period beginning on 1 July 2006
Section 31 repealed 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010