Local Government Act 1974
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Reprint
as at 1 January 2010
Local Government Act 1974
| Public Act | 1974 No 66 |
| Date of assent | 8 November 1974 |
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Department of Internal Affairs.
Contents
2B Secretary for Local Government [Repealed]
3 Local Government Commission [Repealed]
4 Term of office of members [Repealed]
5 Extraordinary vacancies [Repealed]
6 Deputies of members [Repealed]
7 Deputy Chairman [Repealed]
8 Temporary members [Repealed]
8A Committees [Repealed]
10 Remuneration, allowances, and expenses [Repealed]
11 Commission may co-opt specialist advice [Repealed]
11A Power of Commission to engage consultants [Repealed]
12 Officers of Commission [Repealed]
13 Commission to be a Commission of Inquiry [Repealed]
14 Evidence in proceedings before Commission [Repealed]
Functions and powers of Commission
15 Functions of Commission [Repealed]
15C Power of Commission to confirm, in respect of any part of New Zealand, the existing system of local government [Repealed]
15D Commission's obligation to give priority to preparation of final reorganisation schemes [Repealed]
16 Commission may direct investigations [Repealed]
17 Regional schemes [Repealed]
18 Procedure for preparation of regional schemes [Repealed]
19 Holding of public meetings [Repealed]
20 Notice of provisional regional scheme [Repealed]
21 Objections to provisional regional scheme [Repealed]
22 Final regional scheme [Repealed]
23 Notice of final regional scheme [Repealed]
26 Initiation of reorganisation schemes [Repealed]
29 Conduct of survey [Repealed]
30 Action to be taken after survey taken [Repealed]
31 Fate of proposal after survey [Repealed]
34 Final reorganisation scheme [Repealed]
36 Effect to be given to final scheme [Repealed]
37 Provisions to be included in Order in Council [Repealed]
37A Appeal against determination of Commission [Repealed]
37E Apportionment of assets and liabilities [Repealed]
37F Apportionment of loan liabilities [Repealed]
37G Apportionment of petroleum tax revenue [Repealed]
37H Payment on transfer of trading undertaking [Repealed]
37I Annual report [Repealed]
37J Commencement [Repealed]
37K Purposes of local government [Repealed]
37L Structure of local government [Repealed]
37N Unitary authorities [Repealed]
37O Regional boundaries [Repealed]
37P Territorial authority boundaries [Repealed]
37Q Out-districts [Repealed]
37RA Minister of Conservation to have certain powers of regional council and territorial authority [Repealed]
37S Functions of regional councils [Repealed]
37SB Hazardous waste management [Repealed]
37SC Transfer of functions, duties, etc [Repealed]
Auckland regional growth strategy
37T Functions of territorial authorities [Repealed]
Part 2A
Local Government Commission
[Repealed]
37U Commencement [Repealed]
37V Local Government Commission [Repealed]
37W Functions of Commission [Repealed]
37X Commission to report to Minister [Repealed]
37Y Membership of Commission [Repealed]
37Z Term of office [Repealed]
37ZA Deputies of members [Repealed]
37ZB Temporary members [Repealed]
37ZD Commencement [Repealed]
37ZF Notice of appeal [Repealed]
37ZG Right to appear and be heard on appeals [Repealed]
37ZH Orders relating to determination of appeals [Repealed]
37ZI Dismissal of appeal [Repealed]
37ZK Extension of time [Repealed]
37ZL Date of hearing [Repealed]
37ZM Restriction on appeals [Repealed]
37ZO Initiation of reorganisation proposal [Repealed]
37ZQ Contents of reorganisation proposal [Repealed]
37ZR Boundaries [Repealed]
37ZRA Membership [Repealed]
37ZS Interpretation [Repealed]
37ZU Relevant criteria [Repealed]
37ZV Designation of principal local authority [Repealed]
37ZW Duties of principal local authority [Repealed]
37ZZ Consideration and hearing of submissions [Repealed]
37ZZB Procedure where no submissions received [Repealed]
37ZZD Notice of appeal [Repealed]
37ZZE Right to appear and be heard on appeals [Repealed]
37ZZF Orders relating to determination of appeals [Repealed]
37ZZG Dismissal of appeal [Repealed]
37ZZH Appeal in respect of additional matters [Repealed]
37ZZI Extension of time [Repealed]
37ZZJ Date of hearing [Repealed]
37ZZK Hearing and determination of appeal [Repealed]
37ZZM Notice of decision on appeal [Repealed]
37ZZMA Procedure after appeal [Repealed]
37ZZN Provisions pending determination of appeal [Repealed]
37ZZO Interpretation [Repealed]
37ZZQ Duties of principal administrative officer [Repealed]
37ZZQA Representative of electors [Repealed]
37ZZQB Commission to obtain views [Repealed]
37ZZS Consideration of proposal by Commission [Repealed]
37ZZT Referral back of proposal [Repealed]
37ZZTA Power to decline resubmitted proposal [Repealed]
37ZZTC Statement of review [Repealed]
37ZZTD Public notice of review [Repealed]
37ZZTE Submissions on review [Repealed]
37ZZTF Requirement to consult [Repealed]
37ZZTG Consideration of submissions [Repealed]
37ZZTH Inquiries and investigations [Repealed]
37ZZTI Decisions on review [Repealed]
37ZZTJ Completion of review [Repealed]
37ZZTK Application of Part 2BA with modifications [Repealed]
37ZZU Commission to deal with amended proposal [Repealed]
37ZZV Draft reorganisation scheme [Repealed]
37ZZVA Power to amend basis of certain rates [Repealed]
37ZZVB Power to amend reorganisation schemes [Repealed]
37ZZW Explanatory statement [Repealed]
37ZZX Commission to give public notice of draft reorganisation scheme and explanatory statement [Repealed]
37ZZY Submissions on draft reorganisation scheme [Repealed]
37ZZZ Consideration of submissions [Repealed]
37ZZZA Reorganisation scheme [Repealed]
37ZZZB Explanatory statement [Repealed]
37ZZZC Duty of Commission to give notice [Repealed]
37ZZZD Power of proposer to withdraw proposal [Repealed]
37ZZZDA Power of Commission to abandon reorganisation scheme or to resolve to conduct review [Repealed]
37ZZZE Polls to be held [Repealed]
37ZZZF Timing of poll [Repealed]
37ZZZG Official result of poll [Repealed]
37ZZZH Fate of proposal after poll [Repealed]
37ZZZI Regulations [Repealed]
37ZZZIA Interpretation [Repealed]
37ZZZIB Population [Repealed]
37ZZZIC Advertising in relation to polls [Repealed]
37ZZZID Provision of funding to proposer [Repealed]
37ZZZIE Returns of expenditure [Repealed]
37ZZZIF Authorisation of advertising [Repealed]
37ZZZIG Application [Repealed]
37ZZZJ Implementation of reorganisation schemes [Repealed]
37ZZZN Power to amend basis of certain rates [Repealed]
37ZZZO Power to amend reorganisation schemes [Repealed]
38 This Part to be read subject to Part 1 [Repealed]
39 Application of this Act [Repealed]
41 Regional councils and united councils [Repealed]
42 Membership of regional councils [Repealed]
43 Review of constituencies and membership [Repealed]
44 Objections to decision of regional council [Repealed]
45 Membership of united councils [Repealed]
46A Joint appointments to united council [Repealed]
Constitution of districts of territorial authorities
47 Interpretation [Repealed]
49 Electors may request constitution of new district or alteration of boundaries of existing district [Repealed]
50 Boundaries of districts [Repealed]
51 New cities [Repealed]
52 Councils of districts [Repealed]
53 Incorporation of councils [Repealed]
54 District Councils [Repealed]
55 Membership of councils [Repealed]
56 Review of basis of election [Repealed]
56A Review of basis of election and division of district with population over 70,000 into wards [Repealed]
56B Commission to determine wards [Repealed]
56C Factors to be used in determining wards [Repealed]
57 Constitution of communities [Repealed]
58 Union, alteration, or abolition of communities [Repealed]
61 Purpose of community council [Repealed]
Members other than members of united council
62 Election of members [Repealed]
63 Electors qualified for election [Repealed]
64 Persons disqualified for election [Repealed]
65 Members of united council [Repealed]
67 Representation of district community council on territorial authority and other bodies [Repealed]
68 Appointment of representative of community council to attend territorial authority meetings [Repealed]
69 Parliamentary electors with appropriate residential qualification qualified as electors of territorial authority, ward, or community [Repealed]
70 Electors and voting rights [Repealed]
71 Electors of regions [Repealed]
72 Compilation of electoral roll [Repealed]
73 No person to be enrolled more than once [Repealed]
74 Roll to be available for public inspection [Repealed]
76 Completion of roll [Repealed]
77 Amendments to roll [Repealed]
78 When roll in force [Repealed]
79 Proof of roll [Repealed]
80 Roll for by-election or poll [Repealed]
82 When roll in force, and amendment thereto [Repealed]
83 Local Elections and Polls Act applied [Repealed]
84 Revision of rolls [Repealed]
85 Rolls for purposes of by-elections and polls [Repealed]
88 Local Elections and Polls Act 1976 applied [Repealed]
89 Compulsory enrolment of residential electors [Repealed]
90 Mayor of borough [Repealed]
92 Election of Mayor [Repealed]
93 Election of Chairman of regional council, united council, county, district of a district council, town district, district community council, or community council [Repealed]
93A Regional, united county, district, town, district community, or community council may remove Chairman from office and elect new Chairman [Repealed]
93B Election of Chairman by open voting [Repealed]
96 Provisions applying to all Mayors and Chairmen [Repealed]
99 Vacancies in membership of united council [Repealed]
100 Ouster of office of member [Repealed]
101 Audit Office to institute proceedings [Repealed]
101A Commencement [Repealed]
101B Application [Repealed]
101C Membership of territorial authorities [Repealed]
101CA Membership of regional councils [Repealed]
101E Membership [Repealed]
101G Parliamentary electors qualified for election to any regional council, territorial authority, or community board [Repealed]
101H Review of membership and basis of election [Repealed]
101I Distribution of copies of resolution [Repealed]
101J Objections [Repealed]
Presiding members of territorial authorities and regional councils
101N Presiding member [Repealed]
101P Election of Chairperson of regional council [Repealed]
101R Filling of vacancy in office of Mayor [Repealed]
101S Filling of vacancy in office of Chairperson [Repealed]
101V Power of regional council or territorial authority to remove Chairperson, Deputy Chairperson, or Deputy Mayor from office and elect successor [Repealed]
101X Disqualification of members [Repealed]
101Y Ouster of office of member [Repealed]
101Z Secretary to institute proceedings [Repealed]
101ZA Member's right to resign [Repealed]
101ZB Extraordinary vacancies [Repealed]
101ZD Power to require election to be held [Repealed]
101ZE Election to extraordinary vacancy [Repealed]
101ZF Commencement [Repealed]
101ZG Constitution of communities [Repealed]
101ZI Proposal to establish community [Repealed]
101ZJ Requirements in relation to proposal [Repealed]
101ZP Community boards [Repealed]
101ZQ Membership of community boards [Repealed]
101ZR Elections of community boards [Repealed]
101ZT Chairperson of community board [Repealed]
101ZU Community board committees [Repealed]
101ZW Application of Part 5A [Repealed]
Purposes, functions, duties, and powers of community boards
101ZY Purposes of community board [Repealed]
Administrative and other facilities
101ZZC Expenses of community boards [Repealed]
101ZZD Commencement [Repealed]
101ZZE Interpretation [Repealed]
101ZZG Mandatory criteria for Commission [Repealed]
101ZZH Submissions to Authority [Repealed]
101ZZI Frequency of adjustments [Repealed]
101ZZJ Determination is a regulation [Repealed]
101ZZK Publication of determinations [Repealed]
101ZZL Levy to pay Authority's costs [Repealed]
101ZZN Meaning of remuneration [Repealed]
101ZZO Greytown District Trust Lands Trustees [Repealed]
101ZZU Travelling expenses of members [Repealed]
102 [Repealed]
103 [Repealed]
104 [Repealed]
105 [Repealed]
106 [Repealed]
107 [Repealed]
108 [Repealed]
109 [Repealed]
110 [Repealed]
111 [Repealed]
112 [Repealed]
113 [Repealed]
114 [Repealed]
114A Commencement [Repealed]
114B Interpretation [Repealed]
114C General provisions as to meetings [Repealed]
114E Ordinary meetings [Repealed]
114F Special meetings [Repealed]
114G Emergency meetings [Repealed]
114I Quorum of councils and committees [Repealed]
114K Voting systems for certain appointments [Repealed]
114L Chairperson of meetings [Repealed]
114M Standing orders [Repealed]
114N Minutes of proceedings [Repealed]
114Q Delegation to committees and subcommittees [Repealed]
114R Membership of committees and subcommittees [Repealed]
114S Joint committees [Repealed]
114T Members to give notice of addresses [Repealed]
114U Declaration by member [Repealed]
114V Members shall abide by standing orders [Repealed]
115 [Repealed]
116 [Repealed]
117 [Repealed]
118 [Repealed]
119 [Repealed]
119A Commencement [Repealed]
119B Staff of local authorities [Repealed]
119D Responsibilities of executive officers [Repealed]
119E Maximum term of employment [Repealed]
119F General employment principles [Repealed]
119G Equal employment opportunities programme [Repealed]
119H Appointments on merit [Repealed]
119I Obligation to notify vacancies [Repealed]
119J Maximum term of office of certain employees [Repealed]
Part 7
General revenues and estimates
[Repealed]
120 General revenues [Repealed]
121 Annual estimates [Repealed]
122 Application of income [Repealed]
122A Interpretation [Repealed]
122C Principles of financial management [Repealed]
122E Funding of expenditure needs [Repealed]
122I Compliance [Repealed]
122J Short-term borrowing, reserves, etc [Repealed]
122K Long-term financial strategy [Repealed]
122L Content of long-term financial strategy [Repealed]
122N Funding policy [Repealed]
122O Content of funding policy [Repealed]
122P Investment policy [Repealed]
122Q Content of investment policy [Repealed]
122R Borrowing management policy [Repealed]
122S Content of borrowing management policy [Repealed]
122U Variations between long-term financial strategy and funding, investment, or borrowing management policies [Repealed]
122W Limitation of review [Repealed]
122X Statement of compliance [Repealed]
122XA Remission policy [Repealed]
122XB Postponement policy [Repealed]
122XC Rates relief policy for Maori freehold land [Repealed]
122Y Commencement [Repealed]
122Z Interpretation [Repealed]
122ZA General power to borrow [Repealed]
122ZAA Internal borrowing [Repealed]
122ZB Power to enter into incidental arrangements [Repealed]
122ZD Procedure for borrowing money [Repealed]
122ZE Security for loans [Repealed]
122ZF Provisions applying to special rates [Repealed]
122ZG Effects of breach on third parties [Repealed]
122ZH Registration of charges [Repealed]
122ZK Registration of subsisting charges [Repealed]
122ZL Appointment of receivers [Repealed]
122ZM Powers and duties of receivers [Repealed]
122ZN Constraints on receiver [Repealed]
122ZO Protection for receiver [Repealed]
122ZP Loans not guaranteed by Crown [Repealed]
122ZR Provisions relating to sinking funds [Repealed]
122ZS Conversion of existing loans [Repealed]
122ZT Preservation of existing status [Repealed]
123 Constituent authorities to meet expenditure [Repealed]
124 Valuation equalisation [Repealed]
125 Alterations to apportionment of expenditure [Repealed]
126 Assessment of contributions [Repealed]
127 Jurisdiction of Magistrate's Court [Repealed]
128 Production of documents to be evidence [Repealed]
129 Payment of assessments [Repealed]
130 Powers of constituent authorities and other territorial authorities in respect of payments [Repealed]
132 United councils not to have rating powers [Repealed]
[Repealed]
134 Determination of rating system [Repealed]
135 Regional general rate [Repealed]
136 Territorial authority general rates [Repealed]
138 Territorial authority may cease to make and levy general rates separately in each ward [Repealed]
139 Community general rate [Repealed]
140 Regional works and services rates [Repealed]
142 Works and services rates [Repealed]
143 Separate rates [Repealed]
144 Community improvement and development rates [Repealed]
145 Territorial authority may exempt farm lands in community from improvement and development rates [Repealed]
146 Interpretation [Repealed]
147 Differential rates [Repealed]
147A Introduction of differential rating [Repealed]
148 Alteration to system of differential rating [Repealed]
148A Alteration to system of differential rating [Repealed]
149 Revocation of differential rating [Repealed]
150 Notice to Valuer-General [Repealed]
151 Levying of differential rate [Repealed]
152 Application of proceeds of differential rate [Repealed]
153 Rating on a graduated scale [Repealed]
155 Appeal against operation of area system [Repealed]
156 Classification for the purposes of area rate [Repealed]
157 Fire protection rate on value of improvements [Repealed]
157A Uniform annual general charge [Repealed]
158 Water charges [Repealed]
159 Provisions as to water meters [Repealed]
160 Water-race charge [Repealed]
161 Owner granting land for water race may have water free of charge or at reduced charge [Repealed]
162 Sewerage and stormwater drainage charges [Repealed]
163 Refuse charges [Repealed]
164 Fire protection charges [Repealed]
164A Territorial authority may levy uniform annual charge instead of rates for certain purpose [Repealed]
Lump sum contribution to capital cost of works
164B Interpretation [Repealed]
164D Preparation of cost estimates and calculation of contributions and rates or charges relating to works [Repealed]
164E Right to make lump sum contribution [Repealed]
164H Payment of lump sum contributions [Repealed]
165 Interpretation [Repealed]
166 Minimum rates [Repealed]
167 Charges deemed to be rates [Repealed]
169 Adjusted valuation [Repealed]
173 Certain separate rates payable in full or in for proportionate part of year in certain circumstances [Repealed]
174 Consolidation of special rates [Repealed]
175 Consolidation of rates [Repealed]
177 Unauthorised expenditure [Repealed]
179 Levy on timber [Repealed]
180 Security for loans [Repealed]
Application of proceeds of tax
200A Interpretation [Repealed]
200B Application of this Part [Repealed]
200D Regional petrol tax to be notified [Repealed]
200E Restriction on collection of tax [Repealed]
200F Application of proceeds of tax [Repealed]
200G Returns by wholesale distributors [Repealed]
200H Assessment of tax [Repealed]
200I Assessment presumed to be correct [Repealed]
200J Appeal against assessment [Repealed]
200K Tax recoverable as a debt [Repealed]
200L Penalty for late payment of tax [Repealed]
200N Accounting month [Repealed]
201 Application and interpretation of Part 12 [Repealed]
202 Financial records [Repealed]
203 Allocation of administration costs [Repealed]
205 Payment to and withdrawal from bank accounts [Repealed]
206 Deposit at interest [Repealed]
207 Council may establish Imprest Accounts [Repealed]
208 Council may establish special funds [Repealed]
210 Asset renewal charge [Repealed]
211 Application of asset renewal charge [Repealed]
212 Investment of asset renewal charge [Repealed]
213 Power to revoke appointment of Commissioners [Repealed]
214B Annual allowances and remuneration to be determined by Minister following determination by Higher Salaries Commission [Repealed]
214C Alteration to annual allowances or remuneration of Chairmen, Deputy Chairmen, chairmen of standing or special committees, and other members of local authorities [Repealed]
214J Annual allowance or remuneration payable to existing office holder not to be reduced [Repealed]
215 Travelling expenses of members [Repealed]
218 Use of transport facilities by members [Repealed]
219 Miscellaneous expenditure [Repealed]
220 Government not liable for district debts [Repealed]
221 Rates of interest [Repealed]
223B Commencement [Repealed]
223C Conduct of affairs [Repealed]
223D Annual plan [Repealed]
223E Annual report [Repealed]
223F Financial systems [Repealed]
223H Inspection of financial records by members and specified officers of local authority [Repealed]
223I Banking and related matters [Repealed]
223J Miscellaneous expenditure [Repealed]
223K Unauthorised expenditure [Repealed]
223L Government not liable for debts [Repealed]
224 Interpretation [Repealed]
225 Property for council purposes [Repealed]
225A Interpretation [Repealed]
225C Application of proceeds of sale [Repealed]
225D Community trusts [Repealed]
225E Purpose of Trust [Repealed]
225G Term of office of trustees [Repealed]
225I Financial statements [Repealed]
225J Trustees to hold public meeting [Repealed]
225K Matters to be included in trust deed [Repealed]
225M Application of Trustee Act 1956 [Repealed]
227 Shops and offices [Repealed]
228 Council may purchase land by instalments [Repealed]
229 Interpretation [Repealed]
230 Sale or exchange of council land [Repealed]
231 Leasing of land by council [Repealed]
235 Council may grant easements [Repealed]
[Repealed]
237 Interpretation [Repealed]
237A Power to acquire land [Repealed]
237B Land for regional planning [Repealed]
238 General powers of council in respect of works [Repealed]
239B Joining of other local authorities in, and sharing of expenses of, works and development for regional planning [Repealed]
241 Government works not to be interfered with [Repealed]
242 Council not authorised to create nuisance [Repealed]
243 Protection of permanent reference marks [Repealed]
244 Interpretation [Repealed]
245 Contracts for works [Repealed]
246 Council may contract with Minister of Works and development and other local authorities and public bodies for execution of works [Repealed]
247 Co-operative contracts [Repealed]
247A Commencement [Repealed]
247B General powers [Repealed]
247D Method to be adopted [Repealed]
247E Contracts and tenders [Repealed]
247F Power to acquire land [Repealed]
Part 17
Documents and local archives
[Repealed]
248 Interpretation [Repealed]
251 Documents of abolished local authorities [Repealed]
252 Authentication of documents by council [Repealed]
253 Service of documents, etc [Repealed]
254 Loss or destruction of documents, etc [Repealed]
255 Certified copies of documents [Repealed]
256 Protection of local archives [Repealed]
257 Use of local archives [Repealed]
259 Destruction of certain local archives [Repealed]
260 Functions of united councils [Repealed]
262 Functions conferred by Order in Council [Repealed]
263 Provisions on transfer of functions [Repealed]
264 Interpretation [Repealed]
265 New regional functions [Repealed]
266 Councils to exercise civil defence functions [Repealed]
267 Delegation of functions from Crown [Repealed]
268 Territorial authority may perform functions of regional council in certain circumstances [Repealed]
269 Out-districts [Repealed]
269A Interpretation [Repealed]
269B Regions for the purposes of this Part [Repealed]
269F Amendment to approved plans [Repealed]
269G Regional and united councils and territorial authorities to give effect to operative petroleum products rationing plans [Repealed]
Part 20
Subdivision and development of land
[Repealed]
270 Interpretation and application [Repealed]
270A Local Government Amendment Act 1981 not to apply to certain developments not completed at 1 January 1981 [Repealed]
271 Subdivision defined [Repealed]
271A Subdivision defined [Repealed]
272 Subdivision defined [Repealed]
275 Scheme plan to be submitted to council [Repealed]
276 Concept plan may be required in certain cases [Repealed]
278 Action to be taken in respect of concept plan [Repealed]
279 Powers of council where scheme plan submitted [Repealed]
281 Application of Part 21 [Repealed]
282 Minimum frontage and area requirements [Repealed]
284 Reserves policy [Repealed]
286 Reserves contributions in respect of subdivision for commercial or industrial purposes [Repealed]
287 Reserves contributions previously paid [Repealed]
288 Payment and use of reserves contributions [Repealed]
289 Reserves along areas of water [Repealed]
292 Reserves for future service lanes [Repealed]
293 Development plans [Repealed]
294A Calculation of development levy [Repealed]
294E Redetermination of assessed value [Repealed]
294G Calculation of reserves contributions and development levy when development completed [Repealed]
295 Provision for parking [Repealed]
298 Valuation of land or of work done [Repealed]
299 Objections to council's decisions [Repealed]
300 Appeals to Planning Tribunal [Repealed]
301 Appeal against determination of valuer [Repealed]
303 Completion certificate [Repealed]
306 Survey plan to be deposited [Repealed]
310 Contravention not to affect title to land [Repealed]
312 Savings as to previous approvals [Repealed]
313 Code of urban subdivision [Repealed]
Formation, alteration, stopping, and closing of roads
321 Road access [Repealed]
322 Land for road formation or widening [Repealed]
325 Road widths [Expired]
327 Building-line restrictions [Repealed]
342A Temporary closing of roads by Police [Repealed]
343 Consumption or possession of intoxicating liquor in roads closed for public function or gathering [Repealed]
Private roads and private ways
Contracts and leases relating to ferries
Privately constructed bridges and ferries
Tolls at bridges, tunnels, and ferries
362 Interpretation [Repealed]
363 Power to declare regional roads [Repealed]
368 Power to delegate [Repealed]
369 Revocation of a regional road [Repealed]
371 Limited access regional roads [Repealed]
373 Road improvement land [Repealed]
373A Subsidies under National Roads Act [Repealed]
374 Regional motorways [Repealed]
376 Interpretation and application [Repealed]
377 Constitution of water supply areas [Repealed]
Powers of council in regard to waterworks
378 Control of source of water supply [Repealed]
379 Council may construct or purchase waterworks [Repealed]
381 Council may contract for water supply [Repealed]
382 Persons supplied with water to prevent waste [Repealed]
Supply to persons outside district
385 Supply of water outside district [Repealed]
389 Surplus water may be sold for motive power [Repealed]
Protection of water and waterworks
391 Drawing off water from waterworks [Repealed]
392 Pollution of water supply [Repealed]
393 Factories, etc, may be examined [Repealed]
395 Offences with respect to waterworks [Repealed]
396 Offences with respect to water meters [Repealed]
[Repealed]
399 Interpretation [Repealed]
401 Council may construct or purchase waterworks [Repealed]
403 Use of water for motive power [Repealed]
404 Surplus water may be sold for motive power [Repealed]
406 Council may contract for water supply [Repealed]
407 Drawing off water from waterworks [Repealed]
408 Offences with respect to water supply [Repealed]
409 Pollution of water supply [Repealed]
410 Factories, etc, may be examined [Repealed]
413 Appeals relating to supply of water [Repealed]
416 Supply of water to territorial authority [Repealed]
419 Surcharges for exceeding allocations [Repealed]
420 Payment of charges and surcharges [Repealed]
420A Application of Part 25 [Repealed]
422 Interpretation [Repealed]
424 Subdivision of water-race areas [Repealed]
425 Water-race map [Repealed]
Powers of council as to water races
426 General powers of council as to water races [Repealed]
427 Discontinuance of water race [Repealed]
428 Council may sell disused water race [Repealed]
429 Water channel may be declared a water race [Repealed]
431 Compensation [Repealed]
432 Appointment of managing ratepayers [Repealed]
433 Exercise of powers outside district [Repealed]
434 Supply of water outside district [Repealed]
Provisions for the protection of water races
437 Offences with respect to water races [Repealed]
438 Pollution of water races [Repealed]
439 Bylaws as to water races [Repealed]
440 This Part to be subject to Soil Conservation and Rivers Control Act 1941 and Water and Soil Conservation Act 1967 [Repealed]
441 Interpretation and application [Repealed]
Powers of council in respect of sewerage and stormwater drainage
443 Constitution of urban drainage areas [Repealed]
444 Drainage map [Repealed]
445 Council may construct drains [Repealed]
448 Stormwater may be led into watercourses [Repealed]
449 Channels for stormwater [Repealed]
450 Council may make dams, etc, in watercourses [Repealed]
452 Council may treat and deal with sewage [Repealed]
Powers of council as to drainage outside district
456 Council may drain areas outside district [Repealed]
457 Discontinuance of drainage outside district [Repealed]
Money payable by owners and occupiers
464 Owner may recover proportion of cost of drainage connections from tenant under a lease with not less than 3 years unexpired [Repealed]
Drain protection and protective works
[Repealed]
471 Interpretation [Repealed]
474 General powers of council [Repealed]
475 Regional drainage map [Repealed]
476 Council may treat and deal with sewage [Repealed]
477 Construction of drains on or under roads, etc [Repealed]
478 Diversions, etc, of drain [Repealed]
479 Watercourses [Repealed]
480 Council may charge for regional drainage [Repealed]
481 Instalments of charges for regional drainage [Repealed]
482 Payment of charges [Repealed]
484 Connection of drains outside region [Repealed]
485 Reticulation work [Repealed]
486 Operation of drainage works [Repealed]
487 Unlawful interference with drains [Repealed]
489 Interpretation [Repealed]
490 Councils may undertake trade wastes disposal [Repealed]
492 Making of trade wastes bylaws [Repealed]
493 Offences against trade wastes bylaws [Repealed]
494 Restrictions on rights of local authority to charge in respect of treatment or reception of trade wastes [Repealed]
495 Appeal from assessment of charges [Repealed]
496 Hearing and determination of appeal [Repealed]
498 Discharge of sewage into sewerage drain in accordance with bylaws not to constitute offence [Repealed]
500 Agreements as to disposal of trade wastes [Repealed]
Powers of local authority as to trade wastes disposal outside district
501C Local authority may agree to use trade wastes works under control of other local authority [Repealed]
Control of drainage channels and land drainage works
Powers of councils with respect to land drainage
Removal of obstructions from drainage channels and watercourses
517A This Part subject to Resource Management Act 1991 and Soil Conservation and Rivers Control Act 1941
Transfer petitions and transfer proposals
Implementation of transfer plan
[Repealed]
518 Interpretation [Repealed]
Supply of energy by territorial authorities
520 Supply of energy [Repealed]
521 Gas reticulation [Repealed]
522 Powers in respect of supply of energy [Repealed]
523 Territorial authority may contract with other persons for lighting of roads and for supply of energy [Repealed]
527 Consumer to supply fittings [Repealed]
528 Offences with respect to meters [Repealed]
529 Territorial authority to fix price of energy [Repealed]
531 Recovery of energy charges [Repealed]
533 Territorial authority may advance to occupier of premises cost of installation or conservation of energy [Repealed]
534 When advance not to be a charge on land [Repealed]
535 Savings of agreements [Repealed]
Supply of energy by regional councils or united councils
536A Regional energy planning committee [Repealed]
Agreements for supply of energy
536B Territorial authority, regional council, or united council may enter into arrangements with other bodies for the supply of energy [Repealed]
[Repealed]
537 Interpretation [Repealed]
539 Waste management plan [Repealed]
540 Powers in respect of waste management [Repealed]
540A Collection and disposal of waste [Repealed]
541 Waste management operations and facilities [Repealed]
544 Allocation of costs [Repealed]
545 Meaning of council [Repealed]
549 Interpretation [Repealed]
549A United council and regional council may only act under this Part in response to developments for which it may determine development levy [Repealed]
Development of land for housing
550 Council may acquire land for housing [Repealed]
551 Council may subdivide land [Repealed]
553 Erection of flats and sale of flats [Repealed]
555 Provisions as to leases [Repealed]
556 Leasehold-purchase schemes [Repealed]
558 Repayment of advances and purchase money [Repealed]
560 Sale or lease of land for housing [Repealed]
561 Council may sell or lease surplus land [Repealed]
Advances to financial institutions and guarantees of housing loans
567 Provisions affecting mortgages [Repealed]
569 Mortgages of leases [Repealed]
571 Insurance fund [Repealed]
Commercial and industrial development
572 Development, sale, or lease of land and buildings for commercial or industrial purposes [Repealed]
573 Validity of documents and resolutions [Repealed]
574 Borrowing powers of council [Repealed]
575 Registration of agreements for sale [Repealed]
575A Interpretation [Repealed]
575B Regional councils [Repealed]
576 Power to undertake farming operations [Repealed]
577 Power to establish, tend, and utilise forests [Repealed]
578 Management plans [Repealed]
579 Licences to take forest produce [Repealed]
580 Permits for temporary occupation [Repealed]
581 Licences for grazing and other purposes [Repealed]
582 Improvements effected by licensee [Repealed]
583 Forfeiture of licences and permits [Repealed]
584 Grants for research [Repealed]
585 Grants for destruction of pests or weeds [Repealed]
586 Forest bylaws [Repealed]
586A Interpretation [Repealed]
Conveyance of passengers and goods
589 Person carrying on transport or ferry service may sell undertaking to territorial authority [Repealed]
590 Vehicle-testing stations [Repealed]
Parking places and buildings and transport stations
Information centres and public relations offices
Public relations and public information
593A Power of regional council to engage in public relations and public information activities [Repealed]
594A Commencement [Repealed]
594C Transfer of existing undertaking to local authority trading enterprise where local authorities have majority interest [Repealed]
594D Transfer of existing undertaking to local authority trading enterprise or other entity in which local authority will not have majority interest [Repealed]
594I Establishment units [Repealed]
594J Function of establishment units [Repealed]
594K Establishment plan [Repealed]
Principal objective of local authority trading enterprise
594QA Scope of operation of local authority trading enterprises that are passenger transport companies or that may receive payments for land transport related projects [Repealed]
594R Directors and their role [Repealed]
594S Statement of corporate intent [Repealed]
594T Contents of statement of corporate intent [Repealed]
594U Completion of statement of corporate intent [Repealed]
594Y Savings of certain transactions [Repealed]
594Z Reports and accounts [Repealed]
594ZB Public availability of documents [Repealed]
594ZC Auditor-General to be auditor of local authority trading enterprises and subsidiaries [Repealed]
594ZG Obligation to lodge caveat [Repealed]
594ZH Exclusion of Public Bodies Leases Act 1969 [Repealed]
594ZI Liabilities in respect of undertakings [Repealed]
594ZJ Certain matters not affected by transfer of undertaking to local authority trading enterprise [Repealed]
594ZK Consequential provisions on transfer of undertaking to local authority trading enterprise [Repealed]
594ZL Stamp duty exemption [Repealed]
594ZN Uses deemed to be permitted uses [Repealed]
594ZP Prohibition on guarantees, etc [Repealed]
594ZQ Interpretation [Repealed]
594ZU Regional council not to have interest in passenger transport undertaking or operation [Repealed]
594ZUA Unitary authority not to have interest in passenger transport undertaking or operation after 30 June 1992 [Repealed]
594ZV Divestment units [Repealed]
594ZW Function of divestment units [Repealed]
594ZX Divestment plan [Repealed]
594ZY Sale to territorial authorities [Repealed]
594ZZE Public availability of documents [Repealed]
594ZZG Financial assistance to be identified [Repealed]
594ZZH Repayment of financial assistance [Repealed]
594ZZJ Supply of information [Repealed]
594ZZK Uses deemed to be permitted uses [Repealed]
596 Particular powers of territorial authority with respect to public health and well-being [Repealed]
597 Medical practitioners' surgeries [Repealed]
597A Interpretation [Repealed]
598 Council may promote community welfare [Repealed]
602 Information services [Repealed]
604 Interpretation [Repealed]
605 Council may provide or contribute towards establishment and maintenance of community centres [Repealed]
606 Community centre areas [Repealed]
607 Joint community centre area [Repealed]
608 Control and management of community centre [Repealed]
610 Electors may petition for and participate in poll relating to uniform fee for community centre [Repealed]
611 Charge on certain rateable property [Repealed]
615 Powers conferred by other Acts not affected [Repealed]
616 Construction or maintenance of boat haven [Repealed]
619A Auckland catchment land [Repealed]
619B Auckland regional parks and reserves [Repealed]
619C Wellington regional parks [Repealed]
619D Management plans for regional parks [Repealed]
619E Contents of management plans [Repealed]
619G Public notice of draft management plan [Repealed]
619I Review and change of management plans [Repealed]
Tree planting, gardens, and lawns
620 Council may expend money for tree planting [Repealed]
621 Gardens and lawns [Repealed]
622 Council defined [Repealed]
Dangerous, deserted and dilapidated buildings
[Repealed]
623 Powers of council with respect to dangerous, deserted, ruinous, and dilapidated buildings [Repealed]
624 Powers of council with respect to buildings likely to be dangerous in moderate earthquake [Repealed]
625 Appeal to High Court [Repealed]
626 Cost incurred to be a charge on land [Repealed]
[Repealed]
627 Interpretation [Repealed]
629 Register of licensed buildings [Repealed]
630 Inspection of licensed buildings [Repealed]
632 Regulations for protection of public from danger from fire or other emergency in theatres, etc [Repealed]
633 Cancellation or suspension of licence [Repealed]
634 Penalty for using unlicensed building [Repealed]
Apartment buildings and residential institutions
[Repealed]
Fire prevention and safety in factories
636B Interpretation [Repealed]
636C Application to the Crown [Repealed]
636D Factories to have fire-safety certificates [Repealed]
636E Changes to factory premises, staffing, or activities after fire-safety certificate issued [Repealed]
636G Provision of fire-fighting equipment [Repealed]
636H Powers of entry and inspection to ensure compliance with fire bylaws and requirements [Repealed]
636I Objections against notices or requirements [Repealed]
636J Appeals against notices or requirements [Repealed]
636N Power to order contravention to be remedied [Repealed]
636O Procedure relating to offences [Repealed]
637 Overcrowding of buildings [Repealed]
638 Illegal occupation of building [Repealed]
639 Removal of building illegally erected, etc [Repealed]
641 Refusal of building permit [Repealed]
641A Power to issue building permit where land subject to erosion, subsidence, slippage, or inundation [Repealed]
641B Giving of security [Repealed]
641C Objections and appeals [Repealed]
641D Notification to the Crown [Repealed]
642 Temporary buildings [Repealed]
644A Interpretation [Repealed]
644B Council may undertake urban renewal [Repealed]
644C Notice of urban renewal to be given [Repealed]
644E Advances by council to owners [Repealed]
644F Acquisition of land by council where house unfit for habitation or area below minimum [Repealed]
645 Council defined [Repealed]
646 Fire prevention [Repealed]
649 Council to make bylaws in respect of prevention of spread of fires involving vegetation [Repealed]
651 Council defined [Repealed]
652 Council may provide market places [Repealed]
653 Council may fix market charges [Repealed]
654 Recovery of market charges [Repealed]
655 Council may provide public weighing machines [Repealed]
656 Powers of council with respect to harbour works to be exercised subject to Harbours Act 1950 [Repealed]
Telegraphs, telephones, and electric lines
657 Telegraphs and telephones [Repealed]
658 Underground telephone and electric lines [Repealed]
659 Council may sell coal, coke, and firewood [Repealed]
660 Road metal and lime [Repealed]
661 Stock dips [Repealed]
662 Stock paddocks [Repealed]
668 Powers of territorial authority as to improvement and development works in communities [Repealed]
670 Order for execution of private works [Repealed]
671 Duties of occupier [Repealed]
675 Grants and advances for conversion of domestic fires or installation of electric domestic heating [Repealed]
675A [Repealed]
677 Recovery of cost of works by council [Repealed]
678 Amounts payable in respect of private land [Repealed]
679 This Part to be subject to Bylaws Act 1910 [Repealed]
680 Application of Part 43 [Repealed]
681 Procedure for making bylaws [Repealed]
682 General provisions as to bylaws [Repealed]
683 Penalty for breach of bylaws [Repealed]
684A Effect of Building Act 1991 on bylaws [Repealed]
685 Licences to hawkers and pedlars [Repealed]
688 Metric conversions of bylaws [Repealed]
689 Council to provide copies of bylaws [Repealed]
691 Regulations applying to outlying islands not included in district of territorial authority [Repealed]
692 Removal of works executed contrary to bylaws [Repealed]
692A Interpretation [Repealed]
692B Commissioner for Disaster Recovery [Repealed]
692C Deputy Commissioner for Disaster Recovery [Repealed]
692D Functions of Commissioner [Repealed]
692E Commissioner to exercise and perform powers, functions, and duties of local authority [Repealed]
692K Remuneration and expenses [Repealed]
692L Interpretation [Repealed]
692M Power of Minister to initiate review [Repealed]
692N Requirement to consult [Repealed]
692O Decision in relation to reviews [Repealed]
692P Appointment of review authority [Repealed]
692Q Notice of review to be published in Gazette [Repealed]
692R Remuneration [Repealed]
692T Action on receipt of report [Repealed]
692U Implementation of recommendations [Repealed]
692X Membership of commission [Repealed]
692Y Powers of commission [Repealed]
692Z General provisions relating to commission [Repealed]
692ZB Publication of report [Repealed]
692ZC Interpretation [Repealed]
692ZD Application for removal order [Repealed]
692ZE Evidence of convictions [Repealed]
692ZF Form of removal order [Repealed]
692ZG Notice of objection [Repealed]
692ZH Vexatious objections [Repealed]
692ZI Court may confirm, vary, or discharge order [Repealed]
692ZJ Appeal to High Court final [Repealed]
692ZK Compliance with removal order [Repealed]
692ZM Relationship with Fencing Act 1978 [Repealed]
692ZN Rules of Court [Repealed]
696 Coat of Arms [Repealed]
701 Proceedings in District Court, etc [Repealed]
702 Service of legal proceedings on council [Repealed]
705 Recovery of debts [Repealed]
Recovery of losses incurred by local authorities
706C Members of local authority liable for loss [Repealed]
707 Council may make compositions [Repealed]
707B Interpretation [Repealed]
707C Membership of Auckland Regional Authority [Repealed]
707D Auckland Regional Authority elections [Repealed]
707E Extraordinary vacancies [Repealed]
707F Compilation of electoral roll [Repealed]
707G Roll to be available for public inspection [Repealed]
707I Completion of roll [Repealed]
707J Amendments to roll [Repealed]
707K When roll in force [Repealed]
707L Proof of roll [Repealed]
707M Roll for by-elections [Repealed]
Part 44B
Auckland Regional Services Trust
[Repealed]
707N Interpretation [Repealed]
Auckland Regional Services Trust
707O Constitution of Trust [Repealed]
707P Establishment of Trust [Repealed]
Transfer of specified assets and specified liabilities to trust
707Q Preparation of plan for vesting of specified assets and specified liabilities in Trust [Repealed]
707QA Special provisions in relation to transfers of assets and liabilities to Watercare Services Limited and Regional Forests Limited [Repealed]
707QB Prohibition on sale or other disposition of water services assets and shares in Watercare Services Limited [Repealed]
707R Vesting of assets and liabilities in Trust [Repealed]
707S Certain matters not affected by transfer of specified assets or specified liabilities to Trust [Repealed]
707T Provisions relating to transfer of specified assets and specified liabilities to Trust [Repealed]
707U Transfer of regulatory powers not authorised [Repealed]
707UA Divestment of assets in transport-related enterprises to be subject to Part 34B of this Act [Repealed]
707V Stamp duty exemption [Repealed]
707X Taxes and duties [Repealed]
707Y Uses deemed to be permitted uses [Repealed]
707ZA Obligation to lodge caveat [Repealed]
707ZB Exclusions [Repealed]
707ZD Continuous service of transferred employees [Repealed]
707ZE Maintenance of conditions of employment [Repealed]
707ZF Water services [Repealed]
707ZG Refusal disposal sites [Repealed]
707ZJ Functions of Trust [Repealed]
707ZJA Functions in relation to America's Cup [Repealed]
707ZJB Management of assets [Repealed]
707ZJD Power to dispose of assets [Repealed]
707ZJE Effect of sections 707ZJA to 707ZJD [Repealed]
707ZL Election of members of Trust [Repealed]
707ZM First election of members [Repealed]
707ZN Special provision in respect of appointment by Auckland Regional Council of chief executive of Trust [Repealed]
707ZO Conduct of affairs [Repealed]
707ZP Annual report to public concerning plans [Repealed]
707ZR Audit Office to be auditor [Repealed]
707ZT Establishment costs [Repealed]
707ZU Application of revenue [Repealed]
707ZV Rating for funding of Trust [Repealed]
707ZW Establishment of Community Trust [Repealed]
707ZY Disqualification from appointment [Repealed]
707ZZ Term of appointment [Repealed]
707ZZA Purposes of Community Trust [Repealed]
707ZZB Financial statements [Repealed]
707ZZC Trustees to hold public meeting [Repealed]
707ZZD Matters to be included in trust deed [Repealed]
707ZZF Application of Trustee Act 1956 [Repealed]
707ZZG Duty to act in furtherance of this Part [Repealed]
707ZZH Commencement [Repealed]
707ZZI Interpretation [Repealed]
707ZZJ Constitution of Infrastructure Auckland [Repealed]
707ZZN Additional special obligation of Infrastructure Auckland in respect of Ports of Auckland Limited [Repealed]
707ZZO Membership of Infrastructure Auckland [Repealed]
707ZZQ Statement of corporate intent [Repealed]
707ZZR Transport-related enterprises [Repealed]
707ZZS Electoral College [Repealed]
707ZZT Functions of Electoral College [Repealed]
707ZZV Members of Electoral College [Repealed]
707ZZW Alternate members of Electoral College [Repealed]
707ZZX Chairperson of Electoral College [Repealed]
707ZZY Meetings of Electoral College [Repealed]
707ZZZ Infrastructure Auckland deed [Repealed]
707ZZZA Contents of Infrastructure Auckland deed [Repealed]
707ZZZB Longterm funding plan [Repealed]
707ZZZC Proceedings of Infrastructure Auckland [Repealed]
707ZZZD Conduct of affairs [Repealed]
707ZZZE Annual plan [Repealed]
707ZZZF Annual policy in relation to grants [Repealed]
707ZZZG Annual report [Repealed]
707ZZZH Exemption for listed companies [Repealed]
707ZZZI Functions in relation to America's Cup [Repealed]
707ZZZJ Obligation to report annually on assets [Repealed]
707ZZZK Power to dispose of shares [Repealed]
Dissolution of Auckland Regional Services Trust
707ZZZLA Transfer of money subject to trust [Repealed]
707ZZZM Taxes and duties [Repealed]
707ZZZO Obligation to lodge caveat [Repealed]
Dissolution of regional treasury management limited
707ZZZX Taxes and duties [Repealed]
707ZZZY Certain matters not affected by this Part [Repealed]
707ZZZZ Provisions relating to vesting of assets and liabilities in Infrastructure Auckland [Repealed]
707ZZZZC Membership of Infrastructure Auckland in period beginning on 1 July 1999 and ending with 31 December 1999 [Repealed]
707ZZZZD Membership of Infrastructure Auckland in period beginning on 1 January 2000 and ending with 30 June 2001 [Repealed]
707ZZZZE Power to resign [Repealed]
707ZZZZF Extraordinary vacancies [Repealed]
707ZZZZG Chairperson of Infrastructure Auckland [Repealed]
708 Works on private land [Repealed]
708A Power of entry [Repealed]
709 Examination of appliances and equipment [Repealed]
Prohibition of vehicles and consumption or possession of liquor in public places
709A Prohibition of vehicles and consumption or possession of intoxicating liquor in public place [Repealed]
709B Interpretation [Repealed]
709F Public notice [Repealed]
709H Powers of arrest, search, and seizure [Repealed]
710 Authority to act [Repealed]
711 Penalty for acting without warrant [Repealed]
712 Resignations from office [Repealed]
713 Chairman compellable to give information [Repealed]
715 Delegation of powers by council [Repealed]
716 Delegation of powers by officers [Repealed]
716A Special consultative procedure [Repealed]
716B Special orders [Repealed]
716C Evidence of special order [Repealed]
718 Application of Act to County of Fiord [Repealed]
719 In certain cases Governor-General may validate proceedings or may extend time for doing anything [Repealed]
722 Annual report [Repealed]
723 Regulations [Repealed]
724 Application of Act to Crown [Repealed]
725 Consequential amendments [Repealed]
726 Repeals, revocation, and savings [Repealed]
[Repealed]
Schedule 2
Matters which (where applicable) Local Government Commission shall provide for in reorganisation scheme in addition to matters specified in section 35(1)
[Repealed]
Schedule 3
Payments on transfer of trading undertaking from a territorial authority to a regional or united council
[Repealed]
Schedule 3A
Provisions relating to Commission
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Schedule 9
Tenders and contracts
[Repealed]
[Expired]
Schedule 14
Provisions as to constructing or maintaining waterworks, drainage works, trade wastes systems, and drainage channels, and laying gas pipes or electricity cables, and erecting poles on roads and works not under the control of the Council
Schedule 17
Acts under which functions, powers, and duties are conferred or imposed on Minister of Local Government and Secretary for Local Government
[Repealed]
[Repealed]
Schedule 19
Enactments repealed
[Repealed]
An Act to consolidate and amend the law relating to the reorganisation of the districts and functions of local authorities, to make better provision for the administration of those functions which can most effectively be carried out on a regional basis, and to make provision for the establishment of united councils, regional councils, district councils, district community councils, and community councils, and to consolidate and amend the Municipal Corporations Act 1954, the Counties Act 1956, the Local Authorities (Petroleum Tax) Act 1970, and provisions of other Acts of the Parliament of New Zealand relating to the powers and functions of regional councils, united councils, and territorial local authorities
The Long Title was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words
“and to consolidate and amend the Municipal Corporations Act 1954, the Counties Act 1956, the Local Authorities (Petroleum Tax) Act 1970, and provisions of other Acts of the General Assembly relating to the powers and functions of regional councils and territorial local authorities”
.The Long Title was amended by section 29(2) Constitution Act 1986 (1986 No 114) by substituting the words
“the Parliament of New Zealand”
for the words“the General Assembly”
.
1 Short Title and commencement
-
(1) This Act may be cited as the Local Government Act 1974.
(2) Section 138(2) of this Act and so much of Schedule 3 as relates to the Local Authorities (Petroleum Tax) Act 1970 shall come into force on the 1st day of April 1975.
(3) Except as provided in subsection (2) of this section, this Act shall come into force on the 1st day of December 1974.
2 Interpretation
-
(1) In this Act, unless the context otherwise requires,—
Act includes Provincial Ordinance
Act: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Adjusted net capital value, in relation to any district, means the net capital value of the district adjusted under Part 14 of the Rating Powers Act 1988, which Part shall apply as if the territorial authority were a special-purpose authority
Adjusted net capital value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Adjusted net capital value: this definition was substituted by section 208(1) Rating Powers Act 1988 (1988 No 97).
Administering authority
[Repealed]
Administering authority: this definition was substituted, as from 13 January 1984, by section 2 Local Government Amendment Act 1983 (1983 No 132).
Administering authority: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Annual plan means a report under section 223D of this Act
Annual plan: this definition was inserted, as from 27 July 1996, by section 2 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Annual report means a report under section 233E of this Act
Annual report: this definition was inserted, as from 27 July 1996, by section 2 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Borough
[Repealed]
Borough: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Borough: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Borough council
[Repealed]
Borough council: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Borough council: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Building consent has the meaning ascribed to it by section 7 of the Building Act 2004
Building consent: this definition was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Building consent: this definition was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words
“section 7 of the Building Act 2004”
for the words“section 2 of the Building Act 1991”
. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.Capital value has the same meaning as in the Rating Valuations Act 1998
Capital value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Capital value: this definition was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words
“Rating Valuations Act 1998”
for the words“Valuation of Land Act 1951”
. See sections 55 to 63 for the savings and transitional provisions.Chairperson includes the Mayor of a territorial authority and the Chairman of a regional council; and Deputy Chairperson includes a Deputy Mayor or Deputy Chairman
Chairman: this definition was inserted by section 7(2) Local Government Amendment Act (No 3) 1977).
Chairperson: this definition was substituted for the definition of
“Chairman”
, as from 6 June 1989, by section 2(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).Clerk
[Repealed]
Clerk: this definition was repealed, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Commercial or industrial purpose means any purpose of commerce, trade, or industry; but does not include any farming purpose; and
“commercial or industrial allotment”
and commercial or industrial building have meanings corresponding to the meaning of the term commercial or industrial purposeCommercial or industrial purpose: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Commission means the Local Government Commission established under this Act
Community means a community constituted under section 101ZG of this Act
Community: this definition was amended, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122), by substituting the expression
“Part 2”
for the expression“Part 7”
.Community: this definition was substituted, as from 6 June 1989, by section 2(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Community board means a community board constituted under section 101ZP of this Act
Community board: this definition was inserted, as from 6 June 1989, by section 2(3) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Community council
[Repealed]
Community council was amended, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122), by substituting the expression
“Part 2”
for the expression“Part 7”
.Community council: this definition was repealed, as from 6 June 1989, by section 2(3) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Constituency—
(a) Means a constituency of a region that is under the jurisdiction of a regional council and is established for electoral purposes under this Act; but
(b) Does not include any subdivision for electoral purposes of a territorial authority that has the functions, duties, and powers of a regional council:
Constituency: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Constituency: this definition was substituted, as from 1 July 1992, by section 2(1) Local Government Amendment Act 1992 (1992 No 42).
Constituent authority, in relation to any constituent district, means the territorial authority having jurisdiction over that constituent district
Constituent authority: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Constituent district means the district of a territorial authority which is wholly or partly within a region
Constituent district: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Constituent district: this definition was substituted, as from 1 July 1992, by section 2(2) Local Government Amendment Act 1992 (1992 No 42).
Construction, in relation to any work authorised by this Act, includes the execution, establishment, constitution, undertaking, or carrying out thereof; and construct has a corresponding meaning
Construction: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Council means a territorial authority or a regional council, as the case may require
Council: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Council: this definition was substituted, as from 1 July 1992, by section 2(3) Local Government Amendment Act 1992 (1992 No 42).
County
[Repealed]
County: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
County: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Crown health enterprise
[Repealed]
Crown health enterprise: this definition was inserted, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Crown Health Enterprise: this definition was repealed, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Debt security has the same meaning as in the Securities Act 1978
Debt security: this definition was inserted, as from 6 June 1989, by section 2(4) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Director of Maritime New Zealand means the person for the time being holding the office of Director of Maritime New Zealand under section 439 of the Maritime Transport Act 1994
Director of Maritime New Zealand: this definition was inserted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
Director of Maritime Safety
[Repealed]
Director of Maritime Safety: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).
Director of Maritime Safety: this definition was repealed, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
District means the district of a local authority; and includes a region
District Commissioner of Works
[Repealed]
District Commissioner of Works: this definition was repealed, as from 1 April 1988, by section 2(1)(a) Local Government Amendment Act 1988 (1988 No 71).
District community council
[Repealed]
District community council: this definition was amended, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122), by substituting the expression
“Part 2”
for the expression“Part 7”
.District community council: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
District council means a district council constituted under Part 1A of this Act
District council: this definition was amended, as from 6 June 1989, by section 2(15)(a) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression
“Part 1A”
for the expression“Part 2”
.district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000
District health board: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
District plan, operative, in relation to a district plan, and proposed plan have the same meaning as in section 2 of the Resource Management Act 1991
District plan, operative, in relation to a district plan, and proposed plan: this definition was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
District scheme, operative and proposed district scheme
[Repealed]
District scheme, operative, and proposed district scheme: these definitions were inserted, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
District scheme, operative, and proposed district scheme: these definitions were repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Divided district
[Repealed]
Divided district: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Divided district: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Elector means a person qualified to be an elector by virtue of section 23 or 24 of the Local Electoral Act 2001
Elector: this definition was substituted, as from 17 June 1986, by section 2(1) Local Government Amendment Act 1986 (1986 No 21), and amended, as from 6 June 1989, by section 2(14)(b) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression
“101F”
for the expression“section 69”
.Elector: this definition was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by substituting the words
“section 23 or 24 of the Local Electoral Act 2001”
for the words“section 101F of this Act”
. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).Engineer, in relation to any council, means the Engineer appointed by the council; and includes any person for the time being appointed by the council to perform the duties of Engineer thereto
Engineer: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Environment Court means the Environment Court as defined in the Resource Management Act 1991
Environment Court: this definition was inserted, as from 2 September 1996, pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
Equity security has the same meaning as in the Securities Act 1978
Equity security: this definition was inserted, as from 6 June 1989, by section 2(5) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Farm land means land used or intended to be used solely or principally for agricultural or horticultural or pastoral purposes or the keeping of bees or poultry or other livestock; and farming and farming purposes have corresponding meanings
Farm land: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
Final scheme means a final scheme under Part 1 of this Act; and includes a final reorganisation scheme prepared under section 15B of this Act
Final scheme: this definition was substituted, as from 6 June 1989, by section 2(6) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Financial year means—
(a) In relation to any period before the 1st day of April 1990, a period of 12 months ending with the 31st day of March:
(b) In relation to the period commencing on the 1st day of April 1990 and ending with the 30th day of June 1990, that period of 3 months:
(c) In relation to any period commencing on or after the 1st day of July 1990, a period of 12 months ending with the 30th day of June:
Financial year: this definition was substituted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Financial year: this definition was substituted, as from 6 June 1989, by section 2(7) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Formation, in relation to any road, has the same meaning as the construction of the road, and includes gravelling, metalling, sealing, or permanently surfacing the road; and form has a corresponding meaning
Formation: this definition was inserted, as from 29 April 1985, by section 2(1) Local Government Amendment Act 1985 (1985 No 60).
General election means the triennial general election or a general election of members of a territorial authority or regional council held under the Local Electoral Act 2001
General election: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
General election: this definition was substituted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
General revenues, in relation to a local authority, means all the funds received or receivable by a local authority, excluding loan money under Part 3 of the Local Authorities Loans Act 1956
General revenues: this definition was inserted, as from 1 July 1992, by section 2(4) Local Government Amendment Act 1992 (1992 No 42).
Generally accepted accounting practice means—
(a) Approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) so far as those standards apply to local authorities or local authority trading enterprises, as the case may be; and
-
(b) In relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) and which are not subject to any applicable rule of law, accounting policies that—
(i) Are appropriate to the local authority or local authority trading enterprise, as the case may be; and
(ii) Have authoritative support within the accounting profession in New Zealand:
Generally accepted accounting practice: this definition was inserted, as from 27 July 1996, by section 2 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Government road means a Government road declared as such under any Act
Government road: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
Hospital and health service
[Repealed]
Hospital and health service: this definition was inserted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Hospital and health service: this definition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Laying out, in relation to any road, means the legal and survey actions necessary to enable the road to be formed; but does not include the formation of the road
Laying out: this definition was inserted, as from 29 April 1985, by section 2(2) Local Government Amendment Act 1985 (1985 No 60).
local authority has the same meaning as in section 5(1) of the Local Government Act 2002
Local authority: this definition was substituted, as from 25 September 1989, by section 2 Local Government Amendment Act (No 3) 1989 (1989 No 72).
Local authority: paragraph (b) of this definition was substituted, as from 1 November 1995, by section 31 Chatham Islands Council Act 1995 (1995 No 41).
Local authority: this definition was substituted, as from 7 July 2004, by section 3(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Maritime facilities includes moorings, wharves, docks, quays, marinas, areas, or places where vessels are maintained, launching ramps, and other launching facilities
Maritime facilities: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).
Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994.
Maritime New Zealand: this definition was inserted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
Maritime rules means maritime rules made under the Maritime Transport Act 1994
Maritime rules: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).
Maritime Safety Authority
[Repealed]
Maritime Safety Authority: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).
Maritime Safety Authority: this definition was repealed, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Member, in relation to any local authority, includes any Chairperson or Mayor
Member : this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Member: this definition was substituted, as from 6 June 1989, by section 2(9) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Minister means the Minister of Local Government
Navigational aid has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994
Navigational aid: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment (No 2) 1999 (1999 No 24).
Navigational bylaws means bylaws made under section 684B
Navigational bylaws: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment (No 2) 1999 (1999 No 24).
Net capital value, in relation to any district, means the total of the capital value of all the rateable property in the district and the value of all property in the district in respect of which the local authority receives grants in lieu of rates
Net capital value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Occupier, in relation to any property, means the inhabitant occupier of that property
Occupier: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Out-district
[Repealed]
Out-district: this definition was amended, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43), by substituting the expression
“section 269”
for the expression“section 626”
.Out-district: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Owner, in relation to any property, means the person entitled to receive the rack rent thereof, or who would be so entitled if the property were let to a tenant at a rack rent
Owner: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Parliamentary elector means any person lawfully registered as an elector under the Electoral Act 1956
Parliamentary elector: this definition was inserted, as from 17 June 1986, by section 2(2) Local Government Amendment Act 1986 (1986 No 21).
Planning Tribunal
[Repealed]
Planning Tribunal: this definition was inserted, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
Planning Tribunal: this definition was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Planning Tribunal: this definition was repealed, as from 2 September 1996, pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
Pleasure craft has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994
Pleasure craft: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment (No 2) 1999 (1999 No 24).
Polling day means the day appointed for holding an election or poll
Polling day: this definition was inserted, as from 17 June 1986, by section 2(3) Local Government Amendment Act 1986 (1986 No 21).
Pollutant means anything which contaminates water so as to change its physical or chemical or biological condition in such a manner as to make it unclean, noxious, or impure, or as to be detrimental to the health, safety, or welfare of persons using the water, or as to render the water undrinkable; and pollute has a corresponding meaning
Pollutant: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Principal administrative officer means, in relation to a local authority, the principal administrative officer of the local authority irrespective of the designation given to that officer; and includes any person for the time being appointed by the local authority to perform the duties or a particular duty of the principal administrative officer
Principal administrative officer: this definition was substituted, as from 6 June 1989, by section 2(10) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Principal authority
[Repealed]
Principal authority: this definition was repealed, as from 25 November 1976, by section 7(2)(a) Local Government Amendment Act 1976 (1976 No 55).
Principal local authority, in relation to a reorganisation proposal, means the local authority agreed on, or designated, under section 37ZY of this Act, as the principal local authority in relation to that proposal
Principal local authority: this definition was inserted, as from 6 June 1989, by section 2(10) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Property includes all real estate, and all personal estate, chattels, and effects, and all money and rates, whether in possession or reversion or recoverable by action or other legal proceeding, and the benefit of any contract or engagement, and every matter or thing the subject of property
Property: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Public notice means—
(a) A notice published in a newspaper circulating generally in the district to which the subject-matter of the notice relates; or
(b) Where there is no newspaper circulating generally in any district, a notice published on placards affixed to public places in the district to which the subject-matter of the notice relates;—
and published and publicly notified have corresponding meanings. A public notice setting forth the object, purport, or general effect of a document shall in any case be sufficient notice of that document
Public notice: this definition was substituted, as from 1 July 1992, by section 2(5) Local Government Amendment Act 1992 (1992 No 42).
Public office or office means, in relation to any local authority, its principal or only public office
Public office: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Public office: this definition was substituted, as from 6 June 1989, by section 2(11) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Public work means any public work within the meaning of the Public Works Act 1981:
Public work: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Rate records means rate records under the Rating Powers Act 1988
Rate records: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Rate records: this definition was substituted by section 208 Rating Powers Act 1988 (1988 No 97).
Rateable value, in relation to any property, means its rateable value within the meaning of the Rating Powers Act 1988
Rateable value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Rateable value: this definition was substituted by section 208 Rating Powers Act 1988 (1988 No 97).
Ratepayer, in relation to any property, means a person whose name appears for the time being in the
“Occupiers”
column of the rate record for that propertyratepayer: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Rating qualification
[Repealed]
Rating qualification: this definition was repealed, as from 17 June 1986, by section 2(4) Local Government Amendment Act 1986 (1986 No 21).
Region means a region in respect of which—
(a) A regional council is constituted; or
(b) A territorial authority has, pursuant to section 37N, authority to exercise the functions, duties, and powers of a regional council:
Region: this definition was amended, as from 17 June 1986, by section 2(1) Local Government Amendment Act (No 2) 1986 (1986 No 24) by inserting the words
“; and includes the Auckland Regional Authority to the extent specified in section 707A of this Act”
.Region: this definition was amended, as from 1 November 1989, by section 2(15)(c) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression
“Part 2”
for the expression“Part 1A”
.Region: this definition was substituted, as from 1 July 1992, by section 2(6) Local Government Amendment Act 1992 (1992 No 42).
Region: this definition was substituted, as from 28 July 1997, by section 2(1) Local Government Amendment Act 1997 (1997 No 49).
regional council—
(a) has the same meaning as in section 5(1) of the Local Government Act 2002; and
(b) includes, in Part 39A and sections 684B to 684F, the Chatham Islands Council.
Regional council: this definition was amended, as from 17 June 1986, by section 2(2) Local Government Amendment Act (No 2) 1986 (1986 No 24) by inserting the words
“; and includes the Auckland Regional Authority to the extent specified in section 707A of this Act”
.Regional council: this definition was substituted, as from 1 July 1992, by section 2(7) Local Government Amendment Act 1992 (1992 No 42).
Regional council: this definition was amended, as from 29 April 1999, by section 2(2) Local Government Amendment Act (No 2) 1999 (1999 No 24) by inserting the words
“; and, in Part 39A and in sections 684C to 684F, includes the Chatham Islands Council”
.Regional council: this definition was substituted, as from 7 July 2004, by section 3(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Regional planning scheme has the same meaning as in section 2(1) of the Town and Country Planning Act 1977
Regional planning scheme: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
Regional road
[Repealed]
Regional road: this definition was amended, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43) by substituting the expression
“Part 22”
for the expression“Part 18”
.Regional road: this definition was repealed, as from 1 July 1992, by section 2(8) Local Government Amendment Act 1992 (1992 No 42).
Regional scheme
[Repealed]
Regional scheme: this definition was inserted, as from 1 April 1978, by section 4(2) Local Government Amendment Act (No 2) 1977 (1977 No 109).
Regional scheme: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Reorganisation scheme means a reorganisation scheme within the meaning of section 37ZZA or section 37ZZZA of this Act:.
Reorganisation scheme: this definition was inserted, as from 1 April 1978, by section 4(2) Local Government Amendment Act (No 2) 1977 (1977 No 109).
Reorganisation scheme: this definition was amended, as from 23 July 1988, by section 2 Local Government Amendment Act (No 3) 1988 (1988 No 109) by inserting the words
“section 15B or”
.Reorganisation scheme: this definition was amended, as from 6 June 1989, by section 2(15)(d) Local Government Amendment Act (No 2) 1989 (1989 No 29) by inserting the words
“a reorganisation scheme within the meaning of section 37ZZE of this Act; and also includes”
.Reorganisation scheme: this definition was substituted, as from 1 July 1994, by section 2(1) Local Government Amendment Act 1994 (1994 No 68).
Residential qualification
[Repealed]
Residential qualification: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Residential qualification: this definition was repealed, as from 17 June 1986, by section 2(4) Local Government Amendment Act 1986 (1986 No 21).
Riding
[Repealed]
Riding: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Riding: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Road has the meaning defined in section 315 of this Act
Road: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Rural area means an area zoned rural in a proposed or an operative district plan
Rural area: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
Rural area: this definition was amended, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“district plan”
for the words“district scheme”
.Secretary means the Secretary for Local Government
Scheme
[Repealed]
Scheme: this definition was substituted, as from 1 April 1978, by section 4(2) Local Government Amendment Act (No 2) 1977 (1977 No 109).
Scheme: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Ship has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994
Ship: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).
special consultative procedure means the procedure set out in section 83 of the Local Government Act 2002
Special consultative procedure: this definition was inserted, as from 6 June 1989, by section 2(12) Local Government Amendment Act 1989 (1989 No 29).
Special consultative procedure: this definition was substituted, as from 7 July 2004, by section 3(3) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Special order
[Repealed]
Special order: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act 1977 (1977 No 122).
Special order: this definition was substituted, as from 1 July 1992, by section 2(9) Local Government Amendment Act 1992 (1992 No 42).
Special order: this definition was repealed, as from 7 July 2004, by section 3(4) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
State highway means a State highway declared under section 60 of the Government Roading Powers Act 1989
Subdivision
[Repealed]
Subdivision: this definition was inserted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1980 (1980 No 59).
Subdivision: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002
Territorial authority: this definition was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Territorial authority: this definition was amended, as from 14 January 1983, by section 28(1) Local Government Amendment Act (No 2) 1982 (1982 No 166) by omitting the words
“or to land in the County of Fiord”
.Territorial authority: this definition was substituted, as from 6 June 1989, by section 2(13) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Territorial authority: this definition was substituted, as from 1 July 1992, by section 2(10) Local Government Amendment Act 1992 (1992 No 42).
Territorial authority: this definition was substituted, as from 1 July 1994, by section 2(2) Local Government Amendment Act 1994 (1994 No 68).
Territorial authority: paragraph (b)(i) of this definition was substituted, as from 1 November 1995, by section 31(2) Chatham Islands Council Act 1995 (1995 No 41).
Territorial authority: this definition was substituted, as from 7 July 2004, by section 3(5) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Territorial authority district means a district in respect of which a territorial authority is constituted; and, in relation to land in respect of which the Minister of Local Government is the territorial authority, means that land
Territorial authority district: this definition was inserted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Territorial authority district: this definition was amended, as from 1 April 1988, by section 2(1)(d) Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Minister of Local Government”
for the words“Minister of Works and Development”
.Territorial authority district: this definition was substituted, as from 1 July 1992, by section 2(11) Local Government Amendment Act 1992 (1992 No 42).
Treasurer, in relation to any council, means the Treasurer appointed by the council; and includes any person for the time being appointed by the council to perform the duties of Treasurer thereto
Treasurer: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Undivided district
[Repealed]
Undivided district: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Undivided district: this definition was repealed, as from 1 November 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
United council
[Repealed]
United council: this definition was repealed, as from 6 June 1989, by section 2(17) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Upgrading, in relation to any road, includes any change to the composition, width, or surfacing of the road
Upgrading: this definition was inserted, as from 29 April 1985, by section 2(3) Local Government Amendment Act 1985 (1985 No 60).
Valuation roll, in relation to any district, means the valuation roll for the district prepared under section 7 of the Rating Valuations Act 1998 and approved by the Valuer-General under section 11 of that Act
Valuation roll: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act 1977 (1977 No 122).
Valuation roll: this definition was substituted, as from 29 June 1988, by section 208(1) Rating Powers Act 1988 (1988 No 97).
Valuation roll: this definition was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words
“section 7 of the Rating Valuations Act 1998 and approved by the Valuer-General under section 11 of that Act”
for the words“section 28 of the Valuation of Land Act 1951”
. See sections 55 to 63 for the savings and transitional provisions.Ward means a subdivision, for electoral purposes, of the district of a territorial authority
Ward: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122)
Ward: this definition was substituted, as from 1 July 1992, by section 2(12) Local Government Amendment Act 1992 (1992 No 42).
Working day means any day of the week other than—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
(b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.
Working day: this definition was inserted, as from 6 June 1989, by section 2(14) Local Government Amendment Act (No 2) 1989 (1989 No 29).
(2) The Governor-General may, from time to time, by Order in Council,—
(a) Add to, or omit from, Schedule 1 to this Act, or any Part thereof, the name of any class of local authority or the name of any specified local authority:
(b) Otherwise amend Schedule 1 to this Act, or revoke any such Schedule or any Part of any such Schedule, and substitute a new Schedule or a new Part, as the case may require.
(3) [Repealed]
(4) For the purposes of this Act, any 2 or more districts or communities shall be deemed to be adjoining districts or communities and any area shall be deemed to adjoin a district or community or another area, notwithstanding that they may be separated by a public highway, any railway, any watercourse (whether natural or artificial), any harbour, the sea, or any other natural or artificial feature
(5) For the purposes of this Act, the certificate of the Government Statistician as to the population of any district or area or the electoral population of any general electoral district, Maori electoral district, district, or area at any date shall be conclusive evidence thereof.
(6) Every provision of this Act vesting any land in a territorial authority shall, in the case of land situated in a territorial authority district of which the Minister of Local Government is the territorial authority, be read as a provision vesting the land in the Crown.
Compare: 1967 No 134 s 2
State highway: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43), and amended by section 116(4) Transit New Zealand Act 1989 (1989 No 75).
Section 2(1) State highway: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (2) was inserted, as from 6 June 1989, by section 2(18) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (3) was repealed, as from 6 June 1989, by section 2(18) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (4) was amended, as from 25 November 1976, by section 3(1) Local Government Amendment Act 1976 (1976 No 55) by omitting the words
“and in the case of districts of territorial authorities, notwithstanding that they may be separated by the whole or part of not more than one other district of a territorial authority”
.Subsection (5) was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (5) was amended, as from 17 June 1986, by section 2(3) Local Government Amendment Act (No 2) 1986 (1986 No 24) by inserting the words
“or the electoral population of any general electoral district, Maori electoral district, district, or area”
.Subsection (6) was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Subsection (6) was amended, as from 1 April 1988, by section 2(2) Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Minister of Local Government”
for the words“Minister of Works and Development”
.
2A Functions, powers, and duties of Minister of Local Government
-
[Repealed]
Section 2A was inserted, as from 1 April 1978, by section 3 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2A was substituted, as from 1 April 1980, by section 3 Local Government Amendment Act 1979 (1979 No 59).
Section 2A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
2B Secretary for Local Government
-
[Repealed]
Section 2B was inserted, as from 12 December 1979, by section 3 Local Government Amendment Act 1979 (1979 No 59).
Section 2B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 1
The Local Government Commission
Part 1 (comprising sections 3 to 37I) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 3 to 14 were repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
The Commission
3 Local Government Commission
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Subsections (2) and (2A) were substituted, as from 30 March 1985, by section 3 Local Government Amendment Act 1985 (1985 No 60).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
4 Term of office of members
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 4 was substituted, as from 30 March 1985, by section 4 Local Government Amendment Act 1985 (1985 No 60).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
5 Extraordinary vacancies
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
6 Deputies of members
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 6 was substituted, as from 30 March 1985, by section 5 Local Government Amendment Act 1985 (1985 No 60).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
7 Deputy Chairman
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Subsection (2) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60), by omitting the words
“Subject to section 6 of this Act,”
.Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
8 Temporary members
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 8 was substituted, as from 30 March 1985, by section 6 Local Government Amendment Act 1985 (1985 No 60).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
8A Committees
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 8A was inserted, as from 30 March 1985, by section 6 Local Government Amendment Act 1985 (1985 No 60).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
9 Meetings
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 9 was substituted, as from 30 March 1985, by section 6 Local Government Amendment Act 1985 (1985 No 60).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
10 Remuneration, allowances, and expenses
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 10 was substituted, as from 14 August 1986, by section 2(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
11 Commission may co-opt specialist advice
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 11 was amended, as from 19 January 1981, by section 3 Local Government Amendment Act 1980 (1980 No 82), by substituting the words
“by the Commission”
for the words“under this Part of this Act”
.Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
11A Power of Commission to engage consultants
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 11A was inserted, as from 23 July 1988, by section 5 Local Government Amendment Act (No 3) 1988 (1988 No 109).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
12 Officers of Commission
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 12 was amended, as from 19 January 1981, by section 4 Local Government Amendment Act 1980 (1980 No 82), by substituting the words
“to enable the Commission to carry out and exercise its functions, duties, and powers”
for the words“for the purposes of this Part of this Act”
.Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
13 Commission to be a Commission of Inquiry
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 13 was repealed, as from 6 June 1989, by section (4)(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
14 Evidence in proceedings before Commission
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Functions and powers of Commission
15 Functions of Commission
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Paragraph (1)(e) was inserted, as from 19 January 1981, by section 5 Local Government Amendment Act 1980 (1980 No 82).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
15A Object
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
15B Duty of Commission to prepare final reorganisation schemes
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
15C Power of Commission to confirm, in respect of any part of New Zealand, the existing system of local government
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
15D Commission's obligation to give priority to preparation of final reorganisation schemes
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
15E Procedures for preparing final reorganisation schemes
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
16 Commission may direct investigations
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
17 Regional schemes
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
18 Procedure for preparation of regional schemes
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
19 Holding of public meetings
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
20 Notice of provisional regional scheme
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
21 Objections to provisional regional scheme
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
22 Final regional scheme
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
23 Notice of final regional scheme
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
24 Minister may refer final scheme back to Commission for reconsideration
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
25 Matters which may be included in reorganisation schemes
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Paragraph (ga) was inserted, as from 19 January 1981, by section 6 Local Government Amendment Act 1980 (1980 No 82).
Paragraph (j) was amended, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43), by substituting the words
“section 265”
for the words“section 602”
.Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
26 Initiation of reorganisation schemes
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Subsection (3)(b)(v) was inserted, as from 19 January 1981, by section 7 Local Government Amendment Act 1980 (1980 No 82).
Subsection (3)(b)(ii) and (iii) were amended, as from 1 April 1988, by section 3 Local Government Amendment Act 1988 (1988 No 71).
Subsection (3)(b)(vi) was inserted, as from 1 April 1988, by section 67(1) Local Government Amendment Act 1988 (1988 No 71).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
26A Commission may decide not to proceed with proposal
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 26A was inserted, as from 19 January 1981, by section 8 Local Government Amendment Act 1980 (1980 No 82).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
27 Commission to endeavour to negotiate agreements
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Subsections (1) and (2) were substituted, as from 19 January 1981, by section 9 Local Government Amendment Act 1980 (1980 No 82).
Subsection (2A) was inserted, as from 19 January 1981, by section 9 Local Government Amendment Act 1980 (1980 No 82).
Subsection (9)(a) was amended, as from 30 March 1985, by section 7 Local Government Amendment Act 1985 (1985 No 60), by inserting the words
“including a statement as to whether or not any alteration to the boundaries of any districts is agreed to by all the territorial authorities affected”
.Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
28 Electors may request survey to ascertain extent of public opposition to proposal
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 28 to 31 were substituted, as from 30 March 1985, by section 8 Local Government Amendment Act 1985 (1985 No 60).
Subsection (2)(a), (b), (c), and (d) were amended, as from 17 June 1986, by section 3(1) Local Government Amendment Act 1986 (1986 No 21), by inserting the words
“on the roll”
.Subsection (3) was substituted, as from 17 June 1986, by section 3(2) Local Government Amendment Act 1986 (1986 No 21).
Subsection (12)(a) was repealed, as from 17 June 1986, by section 3(3) Local Government Amendment Act 1986 (1986 No 21).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
29 Conduct of survey
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 28 to 31 were substituted, as from 30 March 1985, by section 8 Local Government Amendment Act 1985 (1985 No 60).
Subsections (4) and (5) was amended, as from 17 June 1986, by section 4 Local Government Amendment Act 1986 (1986 No 21), by substituting the expression
“65”
for the expression“49”
.Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
30 Action to be taken after survey taken
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 28 to 31 were substituted, as from 30 March 1985, by section 8 Local Government Amendment Act 1985 (1985 No 60).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
31 Fate of proposal after survey
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 28 to 31 were substituted, as from 30 March 1985, by section 8 Local Government Amendment Act 1985 (1985 No 60).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
32 Public notice of provisional reorganisation scheme
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
33 Objections to provisional reorganisation scheme
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
34 Final reorganisation scheme
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
35 Supplementary provisions for giving effect to schemes
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section (1A) was inserted, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).
Subsection (3)(b) was amended, as from 30 March 1985, by section 9 Local Government Amendment Act 1985 (1985 No 60), by inserting the words
“this Act or”
.Subsection (4) was amended, as from 23 July 1988, by section 7 Local Government Amendment Act (No 3) 1988 (1988 No 109), by substituting the words
“by a local authority”
for the words“by a united council or regional council”
.Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
36 Effect to be given to final scheme
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37 Provisions to be included in Order in Council
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37A Appeal against determination of Commission
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 37A was amended, as from 19 January 1981, by section 10 Local Government Amendment Act 1980 (1980 No 82), by inserting the words
“(whether conducted under the authority of this Act or any other Act)”
.Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37B Exercise of powers conferred by this Part not affected by provisions of other Acts
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37C Powers of local authority on which jurisdiction conferred for purposes of scheme
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37D Effect of inclusion of district or part thereof in another district
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37E Apportionment of assets and liabilities
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by omitting the words
“the Municipal Corporations Act 1956 or in”
.Section 37E was substituted, as from 23 July 1988, by section 8 Local Government Amendment Act 1988 (1988 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37F Apportionment of loan liabilities
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Subparagraph (1)(a)(iii) was substituted, as from 23 July 1988, by section 9(1) Local Government Amendment Act (No 3) 1988 (1988 No 109).
Subsection (1) was amended, as from 23 July 1988, by section 9(2) Local Government Amendment Act (No 3) 1988 (1988 No 109), by omitting the words
“of the abolished local authority”
.Subsection (12A) was inserted, as from 14 January 1982, by section 2 Local Government Amendment Act (No 2) 1982 (1982 No 166).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37G Apportionment of petroleum tax revenue
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37H Payment on transfer of trading undertaking
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Section 37H was substituted, as from 23 July 1988, by section 10 Local Government Amendment Act (No 3) 1988 (1988 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37HA Certain matters not affected by transfer of functions, duties, or powers
-
[Repealed]
Sections 37HA and 37HB were inserted, as from 23 July 1988, by section 10 Local Government Amendment Act (No 3) 1988 (1988 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37HB Registers
-
[Repealed]
Sections 37HA and 37HB were inserted, as from 23 July 1988, by section 10 Local Government Amendment Act (No 3) 1988 (1988 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37I Annual report
-
[Repealed]
Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 1A
Purposes and structure of local government
Part 1A (comprising sections 37J to 37T) was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
37J Commencement
-
[Repealed]
Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37K Purposes of local government
-
[Repealed]
Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37L Structure of local government
-
[Repealed]
Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37M Cities
-
[Repealed]
Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37N Unitary authorities
-
[Repealed]
Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37N was substituted, as from 1 July 1992, by section 3 Local Government Amendment Act 1992 (1992 No 42).
Section 37N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37O Regional boundaries
-
[Repealed]
Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was substituted, as from 1 July 1992, by section 4 Local Government Amendment Act 1992 (1992 No 42).
Section 37O was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37P Territorial authority boundaries
-
[Repealed]
Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (4) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by inserting the words
“or the commencement date of the Resource Management Act 1991”
.Subsection (5) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) (as amended by section 76 Resource Management Amendment Act 1997 (1997 No 104)) by inserting the words
“(whether lawfully or unlawfully)”
, and by omitting the words“under any authority conferred after 1 April 1978 by or pursuant to any Act”
.Section 37P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37Q Out-districts
37R Minister of Local Government to be territorial authority
-
[Repealed]
Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37R was substituted, as from 1 July 1994, by section 3 Local Government Amendment Act 1994 (1994 No 68).
Section 37R was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37RA Minister of Conservation to have certain powers of regional council and territorial authority
-
[Repealed]
Section 37RA was inserted, as from 1 July 1994, by section 3 Local Government Amendment Act 1994 (1994 No 68).
Section 37RA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37S Functions of regional councils
-
[Repealed]
Part 1A, (comprising sections 37J to 37T), was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting para (d), repealing para (e), and omitting the expression
“and the Water and Soil Conservation Act 1967”
from para (f).Subsection (1) was substituted, as from 1 July 1992, by section 6 Local Government Amendment Act 1992 (1992 No 42).
Subsection (1)(b) was substituted, as from 1 October 1993, by section 168(1) Biosecurity Act 1993 (1993 No 95).
Subsection (1)(c) was repealed, as from 1 October 1993, by section 168(1) Biosecurity Act 1993 (1993 No 95).
Subsection (1)(e) was substituted, as from 29 April 1999, by section 3 Local Government Amendment Act (No 2) 1999 (1999 No 24).
Subsection (1)(f) was substituted, as from 1 February 1995, by section 479 Maritime Transport Act 1994 (1994 No 104). See regulation 2 Maritime Transport Act Commencement Order 1994 (SR 1994/272).
Subsection (1)(g) was repealed, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.
Subsection (1)(h) was amended, as from 25 July 1995, by section 2 Local Government Amendment Act (No 2) 1995 (1995 No 40) by substituting the words
“, the Transport Services Licensing Act 1989, and the Land Transport Act 1993”
for the words“and the Transport Services Licensing Act 1989”
.Subsection (1)(h) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words
“the Land Transport Act 1998”
for the words“the Land Transport Act 1993”
.Section 37S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37SA Further provisions relating to functions of regional councils
-
[Repealed]
Sections 37SA to 37SD were inserted, as from 1 July 1992, by section 7 Local Government Amendment Act 1992 (1992 No 42).
Section 37SA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37SB Hazardous waste management
-
[Repealed]
Sections 37SA to 37SD were inserted, as from 1 July 1992, by section 7 Local Government Amendment Act 1992 (1992 No 42).
Section 37SB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37SC Transfer of functions, duties, etc
-
[Repealed]
Sections 37SA to 37SD were inserted, as from 1 July 1992, by section 7 Local Government Amendment Act 1992 (1992 No 42).
Section 37SC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37SD Revocation of transfer of functions, duties, etc
-
[Repealed]
Sections 37SA to 37SD were inserted, as from 1 July 1992, by section 7 Local Government Amendment Act 1992 (1992 No 42).
Section 37SD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Auckland regional growth strategy
37SE Auckland regional growth strategy
-
(1) The Auckland Regional Council must prepare and adopt a regional growth strategy for its region.
(2) The objective of the strategy for the Auckland Region will be to ensure growth is accommodated in a way that meets the best interests of the inhabitants of the Auckland Region.
(3) The regional growth strategy prepared under this section may include (but need not be limited to)—
(a) Identification of the anticipated and preferred locations of growth within the Auckland Region:
(b) A statement of key values for considering growth issues:
(c) Information about future growth to assist regional providers of infrastructure to plan to meet future requirements:
(d) Such other matters as are considered appropriate.
(4) A regional growth strategy must not be inconsistent with any regional policy statement that is for the time being in force under the Resource Management Act 1991 or any proposed regional policy statement under that Act.
(5) The Auckland Regional Council may amend the regional growth strategy from time to time to reflect any significant change in the circumstances that existed when the strategy was prepared or was last amended.
Section 37SE and the heading
“Auckland Regional Growth Strategy”
were inserted, as from 30 July 1998, by section 7 Local Government Amendment Act 1998 (1998 No 89).
37SF Copies of regional growth strategy
-
The Auckland Regional Council, once a regional growth strategy, or any amendment to a regional growth strategy, has been adopted by it,—
(a) Must make that strategy or amendment available for public inspection at the offices of the Auckland Regional Council and at such other places as the Regional Council appoints in the area to which the strategy or amendment applies; and
-
(b) Must make copies of that strategy or amendment available to the public—
(i) Free of charge; or
(ii) At a reasonable charge; and
(c) Must, within 20 working days after approving that strategy or amendment, send copies of that strategy or amendment to the Auckland Regional Transport Authority (as established by section 7 of the Local Government (Auckland) Amendment Act 2004), Auckland Regional Holdings (as established by section 18 of the Local Government (Auckland) Amendment Act 2004),) and each territorial authority in the Auckland Region.
Sections 37SF to 37SH were inserted, as from 30 July 1998, by section 7 Local Government Amendment Act 1998 (1998 No 89).
Paragraph (c) was amended, as from 1 July 2004, by section 47 Local Government (Auckland) Amendment Act 2004 (2004 No 57) by substituting the words
“the Auckland Regional Transport Authority (as established by section 7 of the Local Government (Auckland) Amendment Act 2004), Auckland Regional Holdings (as established by section 18 of the Local Government (Auckland) Amendment Act 2004),”
for the words“Infrastructure Auckland (as established by section 707ZZJ)”
.
37SG Regional growth forum
-
(1) The Auckland Regional Council must establish a regional growth forum under this section for its region.
(2) The regional growth forum is to consist of such persons as may from time to time be appointed by the Auckland Regional Council, and, in making such appointments, the Auckland Regional Council may appoint such persons as it considers to be suitable.
(3) The persons appointed under subsection (2) must include (but are not to be limited to) representatives of—
(a) The Auckland Regional Council:
(b) All of the territorial authorities wholly or partly within the region.
(4) The function of the regional growth forum is to advise on and approve the regional growth strategy prepared under section 37SE and any amendment to that strategy before any such strategy or amendment is adopted by the Auckland Regional Council.
(5) The provisions of this Act and the Local Government Official Information and Meetings Act 1987 relating to the meetings of committees of regional councils, so far as they are applicable and with the necessary modifications, apply in respect of meetings of the regional growth forum.
Sections 37SF to 37SH were inserted, as from 30 July 1998, by section 7 Local Government Amendment Act 1998 (1998 No 89).
37SH Consultation
-
(1) The preparation and adoption of the regional growth strategy or any amendment to that strategy, must be carried out by the Auckland Regional Council in accordance with the special consultative procedure.
(2) The Auckland Regional Council may require from any territorial authority within its region such information as the Auckland Regional Council considers it requires in order to properly perform its functions under this Act in relation to that strategy; and the territorial authority must supply promptly the information required.
(3) Anything done by the Auckland Regional Council before the commencement of the Local Government Amendment Act 1998 in relation to the preparation of the regional growth strategy (including, but not limited to, the public release of a draft regional growth strategy in July 1998) which, if it had been done after the commencement of that Act, would have been done in accordance with section 37SE and the special consultative procedure, is to be treated as if it had been done in accordance with that section and procedure.
Sections 37SF to 37SH were inserted, as from 30 July 1998, by section 7 Local Government Amendment Act 1998 (1998 No 89).
37T Functions of territorial authorities
-
[Repealed]
Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 2A
Local Government Commission
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 2A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37U Commencement
-
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37V Local Government Commission
-
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37W Functions of Commission
-
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37W was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37X Commission to report to Minister
-
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37Y Membership of Commission
-
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37Z Term of office
-
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (3) was inserted, as from 10 September 1999, by section 2 Local Government Amendment (No 4) Act 1999 (1999 No 108).
Section 37Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZA Deputies of members
-
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZB Temporary members
-
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZC Further provisions applying in respect of Commission
-
[Repealed]
Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 2AA
Appeals against decisions of commission
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 2AA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZD Commencement
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZE Appeal against decision of Commission on question of law
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (2) was substituted, as from 15 August 1991, by section 3(4) Judicature Amendment Act 1991 (1991 No 60).
Section 37ZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZF Notice of appeal
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZG Right to appear and be heard on appeals
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZH Orders relating to determination of appeals
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZI Dismissal of appeal
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZJ Appeal in respect of additional points of law
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZK Extension of time
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZL Date of hearing
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZM Restriction on appeals
-
[Repealed]
Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 37ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 2B
Initiation of reorganisation proposals
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Part 2B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Reorganisation proposals
37ZN Matters that may be included in reorganisation proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZO Initiation of reorganisation proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZP Procedure for initiation of reorganisation proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZQ Contents of reorganisation proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZQ was substituted, as from 1 July 1994, by section 4 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Criteria
37ZQA Criteria
-
[Repealed]
Section 37ZQA and the preceding heading were inserted, as from 1 July 1994, by section 5 Local Government Amendment Act 1994 (1994 No 68)
Section 37ZQA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZR Boundaries
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZR was substituted, as from 1 July 1994, by section 5 Local Government Amendment Act 1994 (1994 No 68)
Section 37ZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZRA Membership
-
[Repealed]
Section 37ZRA was inserted, as from 1 July 1994, by section 5(1) Local Government Amendment Act 1994 (1994 No 68)
Section 37ZRA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 2BA
Consideration of proposals for boundary alterations and transfer of functions
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Parts 2BA to 2BC were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZS Interpretation
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZT Action required on receipt of reorganisation proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZU Relevant criteria
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZU was repealed, as from 1 July 1994, by section 5(2) Local Government Amendment Act 1994 (1994 No 68).
Principal local authority
37ZV Designation of principal local authority
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZV was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZW Duties of principal local authority
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZW was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Submissions
37ZX Submissions in relation to draft reorganisation scheme
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZX was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZY Power to appoint committee to consider submissions
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZY was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZ Consideration and hearing of submissions
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Decisions
37ZZA Decisions in relation to draft reorganisation scheme
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZB Procedure where no submissions received
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Appeals
37ZZC Appeal against decision of principal local authority
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZD Notice of appeal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZE Right to appear and be heard on appeals
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZF Orders relating to determination of appeals
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZG Dismissal of appeal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZH Appeal in respect of additional matters
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZI Extension of time
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZJ Date of hearing
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZK Hearing and determination of appeal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZL Power to refer appeal back for reconsideration
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZM Notice of decision on appeal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZMA Procedure after appeal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZMA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZN Provisions pending determination of appeal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Similar proposals
37ZZNA Power to decline to consider reorganisation proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZNA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 2BB
Consideration of proposals for new districts
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Parts 2BA to 2BC were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZO Interpretation
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZP Minimum populations of districts and regions
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZQ Duties of principal administrative officer
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZQA Representative of electors
-
[Repealed]
Sections 37ZZQA and 37ZZQB were inserted, as from 1 July 1994, by section 6 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZQA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZQB Commission to obtain views
-
[Repealed]
Sections 37ZZQA and 37ZZQB were inserted, as from 1 July 1994, by section 6 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZQB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZR Commission to prepare draft reorganisation scheme and explanatory statement
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZR was repealed, as from 1 July 1994, by section 7 Local Government Amendment Act 1994 (1994 No 68).
37ZZS Consideration of proposal by Commission
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZS and 37ZZT were substituted, and sections 37ZZSA and 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68). See section 19(6) of that Act as to the transitional provisions.
Section 37ZZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZSA Power to decline to consider reorganisation proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZS and 37ZZT were substituted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZSA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZT Referral back of proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZS and 37ZZT were substituted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68). See section 19(6) of that Act as to the transitional provisions.
Section 37ZZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTA Power to decline resubmitted proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Reviews
37ZZTB Reviews
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68). See section 19(7) of that Act as to the transitional provisions.
Section 37ZZTB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTC Statement of review
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTD Public notice of review
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTE Submissions on review
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTF Requirement to consult
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTG Consideration of submissions
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTH Inquiries and investigations
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTI Decisions on review
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTJ Completion of review
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZTK Application of Part 2BA with modifications
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZTK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZU Commission to deal with amended proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZU was repealed, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).
Reorganisation schemes
This heading was inserted, as from 1 July 1994, by section 9 Local Government Amendment Act 1994 (1994 No 68).
37ZZV Draft reorganisation scheme
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (1) was substituted, as from 1 July 1994, by section 10 Local Government Amendment Act 1994 (1994 No 68). See section 19(1)(b) of that Act as to the transitional provisions.
Section 37ZZV was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZVA Power to amend basis of certain rates
-
[Repealed]
Sections 37ZZVA and 37ZZVB were inserted, as from 1 July 1991, by section 2(1) Local Government Amendment Act 1991 (1991 No.49)
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
37ZZVB Power to amend reorganisation schemes
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 37ZZVA and 37ZZVB were inserted, as from 1 July 1991, by section 2(1) Local Government Amendment Act 1991 (1991 No.49)
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
37ZZW Explanatory statement
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (1) was amended, as from 1 July 1994, by section 11 Local Government Amendment Act 1994 (1994 No 68) by omitting the words
“, without expressing an opinion upon the merits of the proposal,”
.Section 37ZZW was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZX Commission to give public notice of draft reorganisation scheme and explanatory statement
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZX was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZY Submissions on draft reorganisation scheme
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZY was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZ Consideration of submissions
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZA Reorganisation scheme
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZA was substituted, as from 1 July 1994, by section 12 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZB Explanatory statement
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZC Duty of Commission to give notice
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZD Power of proposer to withdraw proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZDA Power of Commission to abandon reorganisation scheme or to resolve to conduct review
-
[Repealed]
Section 37ZZZDA was inserted, as from 1 July 1994, by section 13 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZZDA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Polls
This heading was inserted, as from 1 July 1994, by section 14 Local Government Amendment Act 1994 (1994 No 68).
37ZZZE Polls to be held
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
This section was substituted, and the preceding heading was inserted, as from 1 July 1994, by section 14 Local Government Amendment Act 1994 (1994 No 68). See section 19(3)(a)(i) of that Act as to the transitional provisions.
Subsection (3) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35) by substituting the expression
“Local Electoral Act 2001”
for the expression“Local Elections and Polls Act 1976”
. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).Section 37ZZZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZF Timing of poll
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZF was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by substituting the words
“electoral officer”
for all occurances of the words“Returning officer”
. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).Section 37ZZZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZG Official result of poll
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZG was substituted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
Section 37ZZZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZH Fate of proposal after poll
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZHA Power to decline to consider reorganisation proposal
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZHA was repealed, as from 1 July 1994, by section 15 Local Government Amendment Act 1994 (1994 No 68).
37ZZZI Regulations
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Expenditure limits
37ZZZIA Interpretation
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZZIA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZIB Population
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68). See section 19(6) of this Act as to the transitional provisions.
Section 37ZZZIB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZIC Advertising in relation to polls
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZZIC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZID Provision of funding to proposer
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZZID was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZIE Returns of expenditure
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).
Subsection (2) was substituted, as from 1 July 2001, by section 45 Public Audit Act 2001 (2001 No 10).
Section 37ZZZIE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZIF Authorisation of advertising
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZZIF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZIG Application
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).
Section 37ZZZIG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 2BC
Implementation of reorganisation schemes
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Parts 2BA to 2BC were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZJ Implementation of reorganisation schemes
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZK Provisions relating to Orders in Council giving effect to reorganisation schemes
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZL Order in Council may set ward and constituency boundaries
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZM Effect of Orders in Council giving effect to reorganisation schemes
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZN Power to amend basis of certain rates
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (1) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6), by substituting the words
“set and assess”
for the words“make and levy”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6), by substituting the words
“set and assessed”
for the words“made and levied”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 37ZZZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZO Power to amend reorganisation schemes
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Miscellaneous provisions
37ZZZP No compensation payable where function transferred
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZQ Certain matters not affected by transfer of functions, duties, or powers
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZR Registers
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
37ZZZS Prohibition in respect of requests and recommendations under other enactments
-
[Repealed]
Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).
A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).
Section 37ZZZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 2
Regions, territorial districts, and communities
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
38 This Part to be read subject to Part 1
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
39 Application of this Act
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 39 was amended. as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
40 Constitution, alteration, union, and abolition of regions
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
41 Regional councils and united councils
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
42 Membership of regional councils
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (5) was substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
43 Review of constituencies and membership
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words
“30th day of June”
for the words“30th day of November”
.Subsections (2) and (4) were substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
44 Objections to decision of regional council
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 1 April 1980, by section 7(2) Local Government Amendment Act 1979 (1979 No 59), by substituting the words
“30th day of August”
for the words“15th day of February”
.Subsection (2) was substituted, as from 1 April 1980 by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Subsection (3) was amended, as from 1 April 1980, by section 7(2) Local Government Amendment Act 1979 (1979 No 59) by substituting the words
“31st day of October”
for the words“15th day of March”
.Subsection (5) was substituted, as from 1 April 1980 by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
45 Membership of united councils
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsections (5) and (6) were repealed, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
46 Alteration of allocation of appointments to united councils
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
46A Joint appointments to united council
Constitution of districts of territorial authorities
The heading
“Constitution of Districts of Territorial Authorities”
was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122), and repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
47 Interpretation
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
48 Constitution, alteration, and union of districts
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
49 Electors may request constitution of new district or alteration of boundaries of existing district
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (2A) was inserted, as from 20 November 1981, by section 5 (1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Subsection (3) was amended, as from 20 November 1981, by section 5(2)(a) Local Government Amendment Act (No 2) 1981 (1981 No 111), by inserting the words
“, in the case of a request under subsection (1) or subsection (2) of this section,”
.Subsection (6) was amended, as from 20 November 1981, by section 5 (2)(b) Local Government Amendment Act (No 2) 181 (1981 No 111), by inserting the words
“, or the principal administrative officer of the district requested to be abolished under subsection (2A) of this section, as the case may be,”
.Subsection (8) was amended, as from 20 November 1981, by section 5 (2)(c) Local Government Amendment Act (No 2) 181 (1981 No 111), by inserting the words
“subsection (2A)”
.Subsection (9) was amended, as from 20 November 1981, by section 5 (2)(d) Local Government Amendment Act (No 2) 181 (1981 No 111), by inserting the words
“subsection (2A)”
.Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
50 Boundaries of districts
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
51 New cities
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
52 Councils of districts
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
53 Incorporation of councils
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
54 District Councils
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 54 was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
55 Membership of councils
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (3) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60), by substituting the expression
“sections 56 to 56D”
for the expression“section 56”
.Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
56 Review of basis of election
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60), by inserting the words
“to which this section applies”
.Subsection (8) was inserted, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
56A Review of basis of election and division of district with population over 70,000 into wards
-
[Repealed]
Sections 56A to 56D were inserted, as from 30 March 1985, by section 10 Local Government Amendment Act 1985 (1985 No 60).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
56B Commission to determine wards
-
[Repealed]
Sections 56A to 56D were inserted, as from 30 March 1985, by section 10 Local Government Amendment Act 1985 (1985 No 60).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
56C Factors to be used in determining wards
-
[Repealed]
Sections 56A to 56D were inserted, as from 30 March 1985, by section 10 Local Government Amendment Act 1985 (1985 No 60).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
56D Ward system where members of territorial authority elected on wards system in 1983
-
[Repealed]
Sections 56A to 56D were inserted, as from 30 March 1985, by section 10 Local Government Amendment Act 1985 (1985 No 60).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
57 Constitution of communities
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
58 Union, alteration, or abolition of communities
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
59 District community councils and community councils
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 30 March 1985, by section 11(1) Local Government Amendment Act 1985 (1985 No 60), by substituting the expression
“subsections (2) and (3)”
for the expression“subsection (2)”
.Subsection (3) was inserted, as from 30 March 1985, by section 11(2) Local Government Amendment Act 1985 (1985 No 60).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
60 Membership of district community councils and community councils
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
61 Purpose of community council
-
[Repealed]
Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Paragraph (d) was amended, as from 19 January 1981, by section 11 Local Government Amendment Act 1980 (1980 No 82). by substituting the expression
“section 666”
for the expression“section 632”
.Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 3
Elections, electors, and electoral rolls
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Members other than members of united council
62 Election of members
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
63 Electors qualified for election
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 63 was substituted, as from 17 June 1986, by section 6 Local Government Amendment Act 1986 (1986 No 19), for the former sections 63 and 64.
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
64 Persons disqualified for election
Members of united council
65 Members of united council
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
66 Community within jurisdiction of district community council to constitute a ward
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
67 Representation of district community council on territorial authority and other bodies
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
68 Appointment of representative of community council to attend territorial authority meetings
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
69 Parliamentary electors with appropriate residential qualification qualified as electors of territorial authority, ward, or community
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
70 Electors and voting rights
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsections (1) and (2) were amended, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by inserting the words
“and section 71”
.Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
71 Electors of regions
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 71 was substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
72 Compilation of electoral roll
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Subsection (1) was amended, as from 30 June 1988, by section 3 Local Government Amendment Act (No 2) 1988 (1988 No 104), by Substituting the words
“during the month of July”
for the words“before the 1st day of July”
.Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
73 No person to be enrolled more than once
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
74 Roll to be available for public inspection
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Subsection (3) was repealed, as from 30 June 1988, by section 4 Local Government Amendment Act (No 2) 1988 (1988 No 104), by Substituting the words
“during a period of not less than 28 days before the closing of the roll”
for the words“between the 8th and 22nd day of July (both days inclusive)”
.Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
75 Application for registration as a parliamentary elector
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
76 Completion of roll
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
77 Amendments to roll
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
78 When roll in force
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
79 Proof of roll
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
80 Roll for by-election or poll
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Subsection (4) was substituted, as from as from 30 June 1988, by section 3 Local Government Amendment Act (No 2) 1988 (1988 No 104).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
81 Use of roll for other local authority election, by election, or poll
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
82 When roll in force, and amendment thereto
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
83 Local Elections and Polls Act applied
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
84 Revision of rolls
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
85 Rolls for purposes of by-elections and polls
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
86 Use of rolls for other local authority elections and polls
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
87 Special provisions relating to regional council elections
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
88 Local Elections and Polls Act 1976 applied
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
89 Compulsory enrolment of residential electors
-
[Repealed]
Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).
Part 4
Mayor, chairman, and members of councils
[Repealed]
90 Mayor of borough
91 Mayor or Chairman of district of district council
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was substituted, as from 14 January 1983, by section 4 Local Government Amendment Act (No 2) 1982 (1982 No 166), by new subsections (1), (1A), (1B), and (1C).
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
92 Election of Mayor
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
93 Election of Chairman of regional council, united council, county, district of a district council, town district, district community council, or community council
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
93A Regional, united county, district, town, district community, or community council may remove Chairman from office and elect new Chairman
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 93A and 93B were inserted as from, 14 August 1986, by section 3(1) Local Government Amendment Act (No 3) 1986.
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
93B Election of Chairman by open voting
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 93A and 93B were inserted as from, 14 August 1986, by section 3(1) Local Government Amendment Act (No 3) 1986.
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
94 Principal administrative officer to preside at meeting for election of Chairman
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 94 was amended, as from 14 August 1986, by section 3(1) Local Government Amendment Act (No 3) 1986 (1986 No 50), by inserting the words
“or section 93A”
.Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
95 Provisions where the same person elected to be both Mayor and a member
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
96 Provisions applying to all Mayors and Chairmen
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
97 Disqualification of members of councils other than united councils
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 97 was substituted, as from 17 June 1986, by section 8(1) Local Government Amendment Act 1986 (1986 No 21).
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
98 Extraordinary vacancies (council other than united councils)
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 1 April 1979, by section 3(6)(a) Local Government Amendment Act 1978 (1978 No 43), by inserting the words
“and any member of a district community council or community council”
Subsection (2)(b) was amended, as from 1 April 1979, by section 3(6)(b) Local Government Amendment Act 1978 (1978 No 43), by substituting the words
“that council”
for the words“the council”
.Subsection (3) was amended, as from 20 November 1981, by section 6 Local Government Amendment Act (No 2) 1981 (1981 No 111), by substituting the words
“that council”
for the words“the Council”
.Subsection (4) was substituted, as from 13 January 1984, by section 3 Local Government Amendment Act 1983 (1983 No 132), by a new section (4) and (4A).
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
99 Vacancies in membership of united council
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (3)(b) was amended, as from 17 June 1986, by section 8(1) Local Government Amendment Act 1986 (1986 No 21), by substituting the words
“by reason of the person's detention in a hospital under the Mental Health Act 1969”
for the words“under section 97(1)(b) of this Act”
.Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
100 Ouster of office of member
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
101 Audit Office to institute proceedings
-
[Repealed]
Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 17 June 1986, by section 8(3) Local Government Amendment Act 1986 (1986 No 21), by substituting the expression
“section 97(3)”
for the expression“section 97(4)”
.Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 4A
Membership, wards and constituencies
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13 Local Government Amendment Act (No 2) 1989 (1989 No 29).
101A Commencement
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101B Application
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101B was repealed, as from 10 October 1992, by section 9(1) Local Government Amendment Act 1992 (1992 No 42).
101C Membership of territorial authorities
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101C was substituted, as from 10 October 1992, by section 10(1) Local Government Amendment Act 1992 (1992 No 42).
Section 101C was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).
101CA Membership of regional councils
101D Wards and constituencies of districts and regions
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101D was substituted, as from 1 July 1991, by section 3 Local Government Amendment Act 1991 (1991 No 49).
Section 101D was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).
101E Membership
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was amended, as from 1 July 1991, by section 4 Local Government Amendment Act 1991 (1991 No 49) by omitting the words
“and no more than 4 members”
.Section 101E was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).
101F Electors of regions, territorial authorities, and communities
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101F was substituted, as from 1 July 1991, by section 5(1) Local Government Amendment Act 1991 (1991 No 49).
Section 101F was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
101G Parliamentary electors qualified for election to any regional council, territorial authority, or community board
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was substituted, as from 10 October 1992, by section 11(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (1)(d) was repealed, as from 1 October 1998, by section 14(1)(b) Local Government Amendment Act 1998 (1998 No 89).
Section 101G was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
101GA Candidacy for both regional council and constituent authority prohibited
-
[Repealed]
Section 101GA was inserted, as from 1 July 1992, by section 12 Local Government Amendment Act 1992 (1992 No 42).
Section 101GA was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
101H Review of membership and basis of election
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101H was substituted, as from 1 July 1991, by section 6 Local Government Amendment Act 1991 (1991 No 49).
Section 101H was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).
101I Distribution of copies of resolution
101J Objections
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101J was substituted, as from 1 July 1991, by section 7 Local Government Amendment Act 1991 (1991 No 49).
Section 101J was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).
101K Commission to determine wards and constituencies
-
[Repealed]
Compare: 1974 No 66 s 56B; 1985 No 60 s 10
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was substituted, as from 1 July 1991, by section 8 Local Government Amendment Act 1991 (1991 No 49).
Section 101K was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
101L Factors in determination of membership and basis of election
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101L was substituted, as from 1 July 1991, by section 9(1) Local Government Amendment Act 1991 (1991 No 49).
Section 101L was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).
101M When ward and constituency determinations take effect
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was substituted, as from 1 July 1991, by section 10 Local Government Amendment Act 1991 (1991 No 49).
Section 101M was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
Presiding members of territorial authorities and regional councils
101N Presiding member
-
[Repealed]
Compare: 1974 No 66 ss 9091(1), (2), 1977 No 122 s 2; 1982 No 166 s 4
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101O Qualification and election of Mayor of territorial authority
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101O was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
101P Election of Chairperson of regional council
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101Q Provisions applying to all Mayors and Chairpersons
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
Subsection (2) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by substituting the words
“Mayor or Chairperson of a territorial authority or regional council”
for the words“such mayor or chairperson”
. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).Section 101Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101R Filling of vacancy in office of Mayor
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101R was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
101S Filling of vacancy in office of Chairperson
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101T Mayors and Chairpersons to be Justices of the Peace
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101U Election of Deputy Mayor or Deputy Chairperson
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101V Power of regional council or territorial authority to remove Chairperson, Deputy Chairperson, or Deputy Mayor from office and elect successor
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101W Provisions where same person elected to be both Mayor and a member
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101W was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
Extraordinary vacancies
101X Disqualification of members
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101Y Ouster of office of member
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101Z Secretary to institute proceedings
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
The words
“the Crown Bank Account”
referred to in subsection (2) were substituted for the words“the Public Account to the credit of the Consolidated Account”
pursuant to section 83(1) and (7) Public Finance Act 1989 (1989 No 44).Section 101Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZA Member's right to resign
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZB Extraordinary vacancies
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZB was substituted, as from 1 July 1991, by section 11 Local Government Amendment Act 1991 (1991 No 49).
Subsection (2) was substituted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
Section 101ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZC Procedure in relation to extraordinary vacancy in local authority
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZC to 101ZE were repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
101ZD Power to require election to be held
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was amended, as from 1 July 1992, by section 13(1) Local Government Amendment Act 1992 (1992 No 42) by substituting the words
“or ward or regional constituency”
for the words“or regional council”
.Subsection (1A) was inserted, as from 1 July 1992, by section 13(2) Local Government Amendment Act 1992 (1992 No 42).
Subsection 7(c) was amended, as from 1 July 1992, section 13(3) Local Government Amendment Act 1992 (1992 No 42) by inserting the expression
“; or”
.Subsection 7(d) was inserted, as from 1 July 1992, by section 13(4) Local Government Amendment Act 1992 (1992 No 42).
Sections 101ZC to 101ZE were repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
101ZE Election to extraordinary vacancy
-
[Repealed]
Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZC to 101ZE were repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
Part 4B
Communities
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
101ZF Commencement
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZG Constitution of communities
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZH Matters pertaining to constitution of communities
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (3) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35) by substituting the words
“electoral officer”
for the words“Returning Officer”
. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).Section 101ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZI Proposal to establish community
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZJ Requirements in relation to proposal
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZK Proposal seeking constitution of communities
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZL Matters to be considered when constituting community
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZM Appeal against refusal to constitute community
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZN Procedures relating to resolution to constitute community
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (4)(a) was substituted, as from 1 July 1991, by section 12 Local Government Amendment Act 1991 (1991 No 49).
Section 101ZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZO Union, alteration, or abolition of communities
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Community boards
101ZP Community boards
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZQ Membership of community boards
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZQ was substituted, as from 1 July 1991, by section 13 Local Government Amendment Act 1991 (1991 No 49).
Subsection (2A) was inserted, as from 1 July 2001, by section 149(1) Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
Subsection (4) was substituted, and subsections (4A) to (4C) were inserted, as from 1 July 2001, by section 149(2) Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
Section 101ZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZR Elections of community boards
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (2) was substituted, as from 1 July 1991, by section 14 Local Government Amendment Act 1991 (1991 No 49).
Subsection (3) was substituted, as from 1 July 1991, by section 14 Local Government Amendment Act 1991 (1991 No 49).
Subsection (4) was repealed, as from 1 July 1992, by section 14 Local Government Amendment Act 1992 (1992 No 42).
Subsection (1) was substituted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
Subsection (2) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by inserting the words
“, subject to sections 117 to 120 of the Local Electoral Act 2001,”
after the words“the board shall”
. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).Section 101ZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZS Application of certain provisions relating to extraordinary vacancies
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Procedural matters
101ZT Chairperson of community board
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZU Community board committees
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZU was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZV Quorum of community board and committees of community board
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was substituted, as from 1 July 1991, by section 15 Local Government Amendment Act 1991 (1991 No 49).
Section 101ZV was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZW Application of Part 5A
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZW was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZX Community boards not committees of territorial authority
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZX was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Purposes, functions, duties, and powers of community boards
101ZY Purposes of community board
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZY was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZ Functions, duties, and powers of community board
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (2)(a) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“or those powers listed in section 34(4) of the Resource Management Act 1991”
for the words“or the Town and Country Planning Act 1977”
.Subsection (2)(a) was further amended, as from 7 July 1993, by section 226(4) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression
“34(4)”
for the expression“32(2)”
Subsection (3) was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsection (2)(b) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6), by substituting the word
“set”
for the word“make”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 101ZZ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZA Specific functions determined by Order in Council
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Administrative and other facilities
101ZZB Provision of administrative and other facilities for community boards
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZC Expenses of community boards
-
[Repealed]
Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (3) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“set and assessed”
for the words“made and levied”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 101ZZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 4C
Remuneration of members
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
101ZZD Commencement
-
[Repealed]
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZE Interpretation
-
[Repealed]
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 101ZZE was substituted, as from 1 July 1992, by section 15 Local Government Amendment Act 1992 (1992 No 42).
Appropriate Minister: paragraph (b)(i) of this definition was repealed, as from 7 October 1994, by section 96(1) Energy Companies Act 1992 (1992 No 56).
Appropriate Minister: paragraph (b)(iii) of this definition was amended, as from 1 July 1996, by section 12 Marlborough Forestry Corporation Act Repeal Act 1996 (1996 No 2) (L) by omitting the words
“the Marlborough Forestry Corporation,”
.Appropriate Minister: paragraph (b)(iii) of this definition was editorially amended, as from 8 October 1998, pursuant to section 20(3) Selwyn Plantation Board Empowering Act 1992 (1992 No 4(L)) by omitting the words
“the Selwyn Plantation Board,”
.Appropriate Minister: this definition was repealed, as from 15 December 2001, by section 3 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZF Remuneration Authority to determine remuneration
-
[Repealed]
(1) The Remuneration Authority must determine the remuneration, allowances, and expenses payable to the following persons:
(a) chairpersons of local authorities:
(b) deputy chairpersons of local authorities:
(c) chairpersons of community boards:
(d) chairpersons of committees of local authorities:
(e) chairpersons of committees of community boards:
(f) members of local authorities:
(g) members of community boards.
(2) The Remuneration Authority may do 1 or more of the following things under subsection (1):
(a) fix scales of salaries:
(b) fix scales of allowances:
(c) fix ranges of remuneration:
(d) fix different forms of remuneration:
(e) prescribe rules for the application of those scales, ranges, or different forms of remuneration:
(f) prescribe rules for reimbursing expenses incurred by elected members:
(g) differentiate between persons occupying equivalent positions in different local authorities or community boards:
(h) differentiate between persons occupying equivalent positions in the same local authorities or community boards:
(i) make determinations that apply to individuals, or groups occupying equivalent positions.
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (5) was inserted, as from 2 August 1991, by section 21 Area Health Boards Amendment Act 1991 (1991 No 82), and repealed, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZF was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words
“Remuneration Authority”
for the words“Higher Salaries Commission”
in every place where they appear.Section 101ZZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZG Mandatory criteria for Commission
-
[Repealed]
(1) In determining remuneration under section 101ZZF(1), the Commission must have regard to—
(a) the need to minimise potential for remuneration to distort the behaviour of the persons listed in section 101ZZF(1) in relation to their positions as listed in that subsection; and
(b) the need to achieve and maintain fair relativity with the levels of remuneration received elsewhere; and
-
(c) the need to be fair both—
(i) to the persons whose remuneration is being determined; and
(ii) to ratepayers; and
(d) the need to recruit and retain competent persons.
(2) The criteria in subsection (1) do not prevent the Commission determining allowances for attending meetings additional to salary.
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZH Submissions to Authority
-
[Repealed]
(1) Any person or organisation may make a written submission to the Remuneration Authority about a determination to be made by the Authority under section 101ZZF.
(2) The Remuneration Authority may, in its discretion, invite a person or organisation to make an oral submission about a determination to be made by the Authority under section 101ZZF.
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZH was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words
“Remuneration Authority”
for the words“Higher Salaries Commission”
in every place where they appear. For consistency, the word“Authority”
was substituted for the word“Commission”
.Section 101ZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZI Frequency of adjustments
-
[Repealed]
To avoid doubt, section 19 of the Higher Salaries Commission Act 1977 applies to determinations made under section 101ZZF.
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZI was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words
“Remuneration Authority”
for the words“Higher Salaries Commission”
.Section 101ZZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZJ Determination is a regulation
-
[Repealed]
A determination by the Remuneration Authority under section 101ZZF is a regulation under the Regulations (Disallowance) Act 1989.
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZI was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words
“Remuneration Authority”
for the words“Higher Salaries Commission”
.Section 101ZZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZK Publication of determinations
-
[Repealed]
The Commission must—
(a) deliver to the Minister a copy of each determination made by it under section 101ZZF; and
(b) publish a determination made under section 101ZZF in the Gazette within 14 days of it being delivered to the Minister.
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZL Levy to pay Authority's costs
-
[Repealed]
(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, impose a levy on local authorities in each financial year to pay the costs of the Remuneration Authority in the previous financial year in making determinations under section 101ZZF.
(2) The order—
(a) must specify the amount of the levy or the way that the levy must be calculated; and
(b) must specify the local authorities or classes of local authority liable to pay the levy; and
(c) may impose a levy that is calculated to include the costs of the Authority from 1 July 2001, even though regulations that impose the levy are made after that date; and
-
(d) may authorise—
(i) the deduction of over-recoveries in respect of a financial year from a levy payable in subsequent financial years; or
(ii) the addition of under-recoveries in respect of a financial year to a levy payable in subsequent financial years; and
(e) may prescribe how the levy must be paid or collected.
(3) A local authority must pay a levy required by regulations made under this section.
(4) The amount of unpaid levy is recoverable in a court of competent jurisdiction as a debt due to the Crown.
(5) A levy under subsection (1) is a regulation under the Regulations (Disallowance) Act 1989.
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZL was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words
“Remuneration Authority”
for the words“Higher Salaries Commission”
. For consistency, the word“Authority's”
was substituted for the word“Commission's”
, and the word“Authority”
was substituted for the word“Commission”
.Section 101ZZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZM Members and officers of Remuneration Authority to maintain secrecy
-
[Repealed]
(1) This section applies to—
(a) members of the Remuneration Authority; and
(b) persons engaged or employed by the Authority in its work.
(2) Every person to whom this section applies—
(a) must keep secret all matters and information that come to the person's knowledge while performing or exercising his or her functions, duties, or powers under this Act except the personal information specified in subsection (3); and
-
(b) must not communicate those matters or information except—
(i) in performing or exercising those functions, duties, and powers; or
(ii) under subsection (3).
(3) The Remuneration Authority is required to comply with information privacy principles 6, 7, and 11 of the Privacy Act 1993 and disclose personal information as necessary.
(4) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $1,000, or to both, who wilfully contravenes subsection (2).
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZM was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words
“Remuneration Authority”
for the words“Higher Salaries Commission”
in every place where they appear. For consistency, the word“Authority”
was substituted for the word“Commission”
.Section 101ZZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZN Meaning of remuneration
-
[Repealed]
In sections 101ZZF and 101ZZG, remuneration includes—
(a) salary, wages, and other payments in return for services; and
(b) monetary and non-monetary benefits and emoluments in return for services.
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZO Greytown District Trust Lands Trustees
-
[Repealed]
(1) For the purpose of this section, the trust board is to be treated as if it were a statutory board.
(2) A member of the trust board is entitled to—
(a) fees, a salary, or allowances for services as a member; and
(b) travelling allowances or travelling expenses for time spent travelling as a member.
(3) The Fees and Travelling Allowances Act 1951 applies to determine the amount of the fees, salary, allowances, or expenses referred to in subsection (2).
(4) In subsection (1), the term statutory board has the same meaning as in section 2 of the Fees and Travelling Allowances Act 1951.
(5) In this section, trust board means the Greytown District Trust Lands Trustees constituted by section 3 of the Greytown District Trust Lands Act 1979.
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 101ZZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
101ZZP Salary or allowances not payable in certain circumstances
-
[Repealed]
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
101ZZQ Salary or allowance payable to existing office holder not to be reduced
-
[Repealed]
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
101ZZR Reduction of salary where full term not served
-
[Repealed]
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
101ZZS Office holder may decline to accept salary or allowance
-
[Repealed]
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (2) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words
“Income Tax Act 1994”
for the words“Income Tax Act 1976”
.Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
101ZZT Fund from which salaries and allowances to be paid
-
[Repealed]
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
101ZZU Travelling expenses of members
-
[Repealed]
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
101ZZV Travelling expenses of members attending conferences
-
[Repealed]
Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Part 5
Procedural matters
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Act Amendment 1978 (1978 No 43).
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
102
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
103
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
104
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
105
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
106
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
107
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
108
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
109
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
110
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
111
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
112
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
113
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
114
-
[Repealed]
Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 5A
Procedural and organisational matters
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
114A Commencement
-
[Repealed]
This Part of this Act shall come into force on the 1st day of November 1989.
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114B Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires,—
Committee includes, in relation to a local authority,—
(a) A committee comprising all the members of that local authority; and
(b) A standing committee or special committee appointed by that local authority; and
(c) A joint committee appointed under section 114S of this Act by that local authority and any other local authority or public body; and
Compare: 1974 No 66 s 102; 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Meetings
114C General provisions as to meetings
-
[Repealed]
(1) Every local authority shall hold such meetings as are necessary for the good government of its district.
(2) Every member of a local authority or of any committee of a local authority shall, unless lawfully excluded, have the right to attend any meeting of the local authority or committee.
(3) Every meeting of a local authority shall be called, publicly notified, and conducted in accordance with—
(a) This Act; and
(b) Part 7 of the Local Government Official Information and Meetings Act 1987; and
(c) The standing orders of the local authority.
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114D First meeting following triennial general election
-
[Repealed]
(1) The first meeting of a local authority following a triennial general election shall be called by the principal administrative officer as soon as practicable after the results of the election are known.
(2) The principal administrative officer shall give the persons elected to the authority not less than 5 working days notice of the meeting.
(3) The meeting shall be chaired by the principal administrative officer (or, in the absence of the principal administrative officer, a nominee of that officer), until the Mayor or Chairperson has made and attested the declaration required by section 114U of this Act.
(4) The business to be conducted at the meeting, and the order in which that business is to be conducted, shall be as follows:
(a) The making and attesting of the declarations required of the Mayor (if any) and members by section 114U of this Act:
(b) The election of the Chairperson (if any) and the making and attesting of the declaration required of the Chairperson by section 114U of this Act:
-
(c) A general explanation (to be given or arranged by the principal administrative officer) of—
(ii) Other laws affecting members including the appropriate provisions of the Local Authorities (Members' Interests) Act 1968, sections 99, 105, and 105A of the Crimes Act 1961, the Secret Commissions Act 1910, and the Securities Act 1978:
(d) The fixing of the date and time of the first ordinary meeting of the authority, or the adoption of a schedule of ordinary meetings:
(e) Items of general business, if any.
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (4)(c)(ii) was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 114D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114E Ordinary meetings
-
[Repealed]
(1) Every local authority shall hold ordinary meetings at such times and at such places as it from time to time appoints.
(2) The principal administrative officer shall give notice in writing to each of the members of the time and place of the meeting—
(a) Not less than 10 working days before the meeting; or
(b) Where the local authority has adopted a schedule of ordinary meetings, not less than 10 working days before the first meeting on the schedule.
(3) Where a local authority adopts a schedule of ordinary meetings,—
(a) The schedule may cover such future period as the local authority considers appropriate and may be amended from time to time; and
(b) Notification of the schedule or any amendment shall constitute notification of every meeting on the schedule or amendment.
Compare: 1974 No 66 s 110; 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114F Special meetings
-
[Repealed]
(1) Every local authority may hold special meetings.
(2) A special meeting means a meeting called pursuant to—
(a) A resolution of the local authority; or
-
(b) A requisition in writing delivered to the principal administrative officer and signed by—
(i) The Chairperson; or
(ii) Not less than one-third of the total membership of the local authority (including vacancies),—
which resolution or requisition shall specify the time and place at which the meeting is to be held and the general nature of the business to be brought before the meeting.
(3) Notice in writing of the time and place of the meeting, and of the general nature of business, shall be given by the principal administrative officer to every member of the local authority—
(a) At least 3 working days before the day appointed for the meeting; or
(b) Where the meeting is called pursuant to a resolution of the authority, within such lesser period of notice, being not less than 24 hours, as is specified in the resolution.
Compare: 1974 No 66 s 111; 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114G Emergency meetings
-
[Repealed]
(1) Every local authority may hold emergency meetings.
(2) An emergency meeting means a meeting called by—
(a) The Chairperson; or
(b) If the Chairperson is unavailable, the principal administrative officer,—
to deal with matters specified by the Chairperson or principal administrative officer, being matters that require a meeting to be held at shorter notice than can be given under section 114F of this Act.
(3) Notice of the time and place of the emergency meeting and of the matters in respect of which the meeting is being called shall be given, by whatever means is reasonable in the circumstances, to every member of the local authority and to the principal administrative officer at least 24 hours before the time appointed for the meeting.
(4) The person calling the emergency meeting shall give, or shall cause some other person to give, the notice required by subsection (3) of this section.
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114H Meetings not invalid because notice not given
-
[Repealed]
(1) No ordinary meeting, special meeting, or emergency meeting of a local authority shall be invalid because notice of that meeting was not received or was not received in due time by any member of the local authority unless—
(a) It is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and
(b) The member concerned did not attend the meeting.
(2) It shall be competent for any member of a local authority to waive any requirement regarding the giving of notice of a meeting to that member.
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Conduct of meetings
114I Quorum of councils and committees
-
[Repealed]
(1) A meeting shall be duly constituted if a quorum is present whether or not all the members present are voting or entitled to vote.
(2) No business shall be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted.
(3) The quorum at any meeting of a local authority shall consist of half the members (including vacancies) if the number of members is even, and a majority if the number is odd.
(4) The quorum at any meeting of a committee—
(a) Shall be not less than 2 members of the committee, as determined by the local authority or committee that appoints the committee; and
(b) In the case of a committee (other than a subcommittee), shall include at least one member of the local authority.
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114J Voting
-
[Repealed]
(1) Except where otherwise provided in this Act or in any standing orders,—
(a) All acts of a local authority shall be done and all questions before the local authority shall be decided at a meeting by the majority of such members as are present and vote thereon; and
(b) The Chairperson or other person presiding at any meeting shall have a deliberative vote and, in case of equality of votes, shall have a casting vote also.
(2) Every question coming before a local authority shall be decided by open voting.
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114K Voting systems for certain appointments
-
[Repealed]
(1) For the purposes of—
(a) The appointment of the Chairperson or Deputy Chairperson of a committee; and
(b) The election or appointment of a representative of a local authority for any purpose,—
the local authority or (except where the local authority has otherwise directed) the committee may, by resolution, determine that the person be elected or appointed by a system of voting that requires that, except as provided in subsection (2) of this section, the person to be elected or appointed receive the votes of a majority of the membership of the local authority or committee present and voting, and that requires that, where more than one round of voting is required, the least successful candidate in a round of voting shall not be a candidate in the next round of voting.
(2) Where the system of voting described in subsection (1) of this section is adopted, section 114J(1)(b) of this Act shall not apply, and every equality of votes that is not to be determined by a further round of voting shall be determined by lot in such manner as the local authority or the committee determines.
Compare: 1974 No 66 s 108A; 1986 No 50 s 5
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114L Chairperson of meetings
-
[Repealed]
(1) The Chairperson of the local authority shall preside at every meeting of the local authority at which he or she is present.
(2) The Chairperson of any committee shall preside at every meeting of the committee at which he or she is present.
(3) The local authority may appoint a member of any committee to be the Chairperson of that committee, and that power may be exercised by the committee where the local authority, on the appointment of the committee, does not appoint a Chairperson. Any committee may from time to time appoint a Deputy Chairperson to act in the absence of the Chairperson.
(4) If the Chairperson of the local authority or of any committee, as the case may be, is absent from any meeting, the Deputy Chairperson (if any) of the local authority or committee, as the case may be, shall preside, but, if no Deputy Chairperson has been appointed or if the Chairperson and Deputy Chairperson are both absent, the members of the local authority, or, as the case may be, of the committee present shall elect one of their number to preside at that meeting, and that person shall have and may exercise at that meeting all the functions, duties, and powers of the Chairperson.
Compare: 1974 No 66 ss 104(3), 107; 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Procedures at meetings
114M Standing orders
-
[Repealed]
(1) Every local authority shall adopt a set of standing orders for the conduct of its meetings and those of its committees.
(2) The standing orders of a local authority shall not contravene any provisions of this Act, or of the Local Government Official Information and Meetings Act 1987, or of any other Act.
(3) After the adoption of the first standing orders of the local authority, the adoption or amendment of standing orders shall require, in every case, a vote of three-quarters of the members present.
(4) A local authority or committee may temporarily suspend standing orders during a meeting by a vote of three-quarters of the members present and voting and the reason for the suspension shall be stated in the resolution of suspension.
(5) All local authority bylaws and any rules made by resolution of the local authority which at the time of the coming into force of this Act constitute the standing orders of a local authority are hereby declared to be the standing orders of the local authority as if they had been adopted in the manner provided in this section.
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114N Minutes of proceedings
-
[Repealed]
Every local authority shall cause minutes of all its proceedings to be kept and minutes of proceedings duly entered and authenticated as prescribed by the local authority shall be prima facie evidence of those proceedings.
Compare: 1974 No 66 s 112(4); 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114O Proceedings not invalidated by vacancies, irregularities, etc
-
[Repealed]
No act or proceedings of a local authority or of any person acting as a member of the local authority shall be invalidated in consequence of there being any vacancy in the membership of the local authority or committee at the time of that act or proceeding, or of the subsequent discovery that there was some defect in the election or appointment of any person so acting, or that he or she was or is incapable of being a member.
Compare: 1974 No 66 s 109; 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114O was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Committees and subcommittees
114P Power to appoint committees and subcommittees
-
[Repealed]
(1) Any local authority may appoint such standing committees and special committees and subcommittees as it considers appropriate.
(2) A committee may appoint such subcommittees as it considers appropriate, unless prohibited from doing so by the local authority.
(3) Every committee shall be subject in all things to the control of the local authority, and shall carry out all directions, general or special, of the local authority given in relation to the committee or its affairs; but nothing in this section shall entitle a local authority to rescind or amend a decision made by a committee pursuant to a delegation authorising the making of the decision.
(4) Every subcommittee shall be subject in all things to the control of the committee that appointed it, and shall carry out all directions, general or special, of the committee given in relation to the subcommittee or its affairs.
(5) Subject to any provision to the contrary in this Act or any other Act, a local authority, and a committee with respect to a subcommittee appointed by that committee, may at any time and from time to time discharge or reconstitute any committee or subcommittee.
Compare: 1974 No 66 ss 104(1), (4), (7), 106(1); 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114Q Delegation to committees and subcommittees
-
[Repealed]
(1) Except as otherwise provided in this Act or any other Act, for the purposes of efficiency and effectiveness in the conduct of a local authority's business, a local authority may delegate to any committee any of its functions, duties, or powers except—
(a) The power to set a rate:
(b) The power to make a bylaw:
(c) The power to institute any proceedings in the High Court that are not injunctive proceedings:
(d) The power to borrow money:
(e) The power to enter into a contract otherwise than in accordance with the provisions of section 4 of the Public Bodies Contracts Act 1959:
(f) The powers and duties conferred or imposed on the local authority by the Public Works Act 1981.
(2) Nothing in this section shall restrict the power of a local authority to delegate to a committee power to do anything precedent to the exercise by the local authority (after consultation with the committee) of any power specified in subsection (1) of this section.
(3) A committee may delegate any of its functions, duties, or powers to a subcommittee, subject to any conditions, limitations, or prohibitions imposed by the local authority.
(4) All delegations shall be recorded in a delegations register by the local authority or committee that makes the delegation.
(5) Every committee to which any functions, powers, or duties are delegated may, without confirmation by the local authority, exercise or perform them in like manner and with the same effect as the local authority could itself have exercised or performed them.
Compare: 1974 No 66 s 104(1), (6); 1977 No 122 s 2
Part 5A (comprising sections 114A to 114V) was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1)(a) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the word
“set”
for the wors“make”
.Section 114Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114R Membership of committees and subcommittees
-
[Repealed]
(1) A local authority may at any time and from time to time appoint or discharge any member of a committee (other than a subcommittee).
(2) Unless directed otherwise by the local authority, a committee may at any time and from time to time appoint or discharge any member of a subcommittee appointed by the committee.
(3) Every committee shall, unless sooner discharged, be deemed to be discharged on the coming into office of the members of the local authority elected or appointed, as the case may be, at or following the general election next after the appointment of the committee.
(4) A local authority or committee may appoint to any committee or subcommittee, as the case may be, any person who is not a member of the local authority or committee, if, in the opinion of the council, that person has knowledge that will assist the work of the committee or subcommittee.
(5) Notwithstanding subsection (4) of this section, no employee of a local authority acting in the course of his or her employment may act as a member of any committee unless that committee is a subcommittee.
(6) At least one member of every committee, other than a subcommittee, shall be an elected member of the local authority.
(7) The minimum number of members of a committee shall be 3, and the minimum number of members of a subcommittee shall be 2.
Compare: 1974 No 66 ss 104(2), (4), (5), 106(1); 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114R was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114S Joint committees
-
[Repealed]
(1) Any local authority may unite with any one or more local authorities or other public bodies in appointing a joint standing committee or joint special committee for any purpose in which the local authorities or public bodies are jointly interested, and all such local authorities and public bodies are hereby authorised to unite with the local authority for that purpose.
(2) The local authority may agree with the other local authorities or public bodies participating in the joint committee on the number of members to be appointed by each participating local authority or public body.
(3) Any committee appointed under this section shall be deemed to be both a committee of the local authority and (subject to the law for the time being applicable to committees of any other participating local authority or public body) a committee of the other local authority or public body.
(4) So far as the committee is a committee of the local authority, this Part of this Act shall apply to that committee, except that the powers to discharge any individual member and appoint another in his or her stead shall be exercisable by the local authority or public body that made the appointment.
(5) The power conferred upon the local authority by section 114L(3) of this Act to appoint a Chairperson or Deputy Chairperson of a committee shall not apply to a committee appointed under this section, but the committee may from time to time appoint and remove its own Chairperson or Deputy Chairperson.
Compare: 1974 No 66 s 105; 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Conduct of members
114T Members to give notice of addresses
-
[Repealed]
(1) Every member of a local authority shall give to the principal administrative officer a residential or business address (together with, if desired, a telex, facsimile, or other address) within the region or district of the local authority at which notices and material relating to meetings and local authority business may be sent or delivered.
(2) Where any such notice or material is delivered to any such address, it shall be deemed to have been received by the member at the time and date of delivery.
(3) Where any such notice or material, duly addressed and stamped, is posted to any such address, it shall be deemed to have been received by the member at noon on the second working day after the day on which it is posted.
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114U Declaration by member
-
[Repealed]
(1) No person shall be capable of acting as a member of any local authority until—
(a) He or she has, at a meeting of the local authority, made an oral declaration in the form in Schedule 4 to this Act; and
(2) The written declaration shall be—
(a) Signed by the member; and
-
(b) Witnessed by—
(i) The Chairperson; or
(ii) A member of the local authority; or
(iii) The principal administrative officer of the local authority; or
(iv) In the absence of the principal administrative officer, some other officer appointed by the principal administrative officer.
(3) If any person does any act as a member before he or she has complied with subsection (1) of this section, that person commits an offence against this Act.
(4) It shall be the duty of the Secretary to institute proceedings under subsection (3) of this section, where he or she has reason to believe that an offence against that subsection has been committed, but nothing in this subsection prevents such proceedings being taken by any other person.
Compare: 1974 No 66 s 103(1)-(4); 1977 No 122 s 2
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
114V Members shall abide by standing orders
-
[Repealed]
(1) All members of the local authority shall abide by the standing orders adopted under section 114M of this Act.
(2) If any member who is required, pursuant to a ruling under standing orders, to leave a meeting—
(a) Refuses or fails to leave the meeting; or
(b) Having left the meeting, attempts to re-enter the meeting without the permission of the Chairperson,—
any constable, or any officer or employee of the local authority, may, at the request of the Chairperson, remove or, as the case may require, exclude that member from the meeting.
Compare: 1987 No 174 s 50(2)
Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 114V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 6
Administrative and other facilities
Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
115
-
[Repealed]
Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
116
-
[Repealed]
Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
117
-
[Repealed]
Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
118
-
[Repealed]
Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
119
-
[Repealed]
Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 6A
Employment of staff
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 6A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119A Commencement
-
[Repealed]
Except as provided in section 119J(3) of this Act, this Part of this Act shall come into force on the 1st day of November 1989.
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 119A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119B Staff of local authorities
-
[Repealed]
(1) There may from time to time be appointed as members of the staff of any local authority such staff as are necessary to assist in the performance of its functions and the exercise of its powers.
(2) Subject to any other Act, the local authority may pay the members of its staff, out of the funds of the local authority,—
(a) Such remuneration as it thinks fit; and
(b) Such allowances and expenses as it thinks fit, including travelling allowances and travelling expenses in respect of travel by staff on the business of the local authority and in respect of attendance by staff at any conference or meeting or any course of study or training that in the opinion of the local authority will render them better fitted to carry out their duties.
(3) One person may hold 2 or more offices.
(4) Except as provided in section 119C of this Act, appointments under this section shall be made—
(a) By the chief executive officer; or
(b) Where the local authority has decided that particular appointments are to be made by a specified senior executive officer, by that senior executive officer.
(5) Subject to the Local Authorities (Employment Protection) Act 1963, and to the provisions of any contract of service and of any conditions of service and staff regulations made by resolution of the authority, any member of the staff of the authority may at any time be removed from office by the body or officer by which that member of the staff was appointed or in accordance with any contract of service or staff regulations.
Compare: 1974 No 66 s 117; 1977 No 122 s 2
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
The
“Local Authorities (Employment Protection) Act 1963”
referred to in subsection (5) was repealed, as from 1 November 1989, by section 55(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).Section 119B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119C Chief executive officer or group of senior executive officers
-
[Repealed]
(1) Each local authority shall appoint either—
(a) A single chief executive officer, who shall be appointed as the principal administrative officer of the local authority; or
(b) A group of senior executive officers (one of whom shall be appointed as the principal administrative officer of the local authority).
(2) Each executive officer appointed under subsection (1) of this section shall be responsible to the local authority for employing, on behalf of the local authority, within his or her area of responsibility, staff of the local authority and negotiating their terms of employment.
(3) The local authority shall, in making any appointment under subsection (1) of this section, have regard to the need to appoint a person who—
(a) Can discharge the specific responsibilities placed on the appointee; and
(b) Will imbue the employees of the local authority with a spirit of service to the community; and
(c) Will promote efficiency in the local authority; and
(d) Will be a responsible manager; and
(e) Will maintain appropriate standards of integrity and conduct among the employees of the local authority; and
(f) Will ensure that the local authority is a good employer; and
(g) Will promote equal employment opportunities.
Compare: 1988 No 20 s 35
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 119C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119D Responsibilities of executive officers
-
[Repealed]
Each executive officer appointed under section 119C(1) of this Act shall, in relation to his or her areas of responsibility, be responsible to the local authority for—
(a) Implementing the decisions of the local authority:
(b) Providing advice to members of the local authority and any community boards:
(c) Ensuring that all functions, duties, and powers delegated to him or her or to any person employed by the local authority, or imposed or conferred by any Act, regulation, or bylaw are properly performed or exercised:
(d) Ensuring the effective, efficient, and economic management of the activities and planning of the local authority.
Compare: 1988 No 20 s 32
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 119D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119E Maximum term of employment
-
[Repealed]
Every officer appointed under section 119C of this Act shall be appointed for a term of not more than 5 years; but shall be eligible for reappointment from time to time.
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 119E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119F General employment principles
-
[Repealed]
(1) Every local authority and any other person having responsibility for selection and management of employees of the local authority shall operate a personnel policy that complies with the principle of being a good employer.
(2) For the purposes of this section, a
“good employer”
is an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—(a) Good and safe working conditions; and
(b) An equal employment opportunities programme; and
(c) The impartial selection of suitably qualified persons for appointment; and
-
(d) Recognition of—
(i) The aims and aspirations of Maori people; and
(ii) The employment requirements of Maori people; and
(iii) The need for greater involvement of Maori people in local government employment; and
(e) Opportunities for the enhancement of the abilities of individual employees; and
(f) Recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and
(g) Recognition of the employment requirements of women; and
(h) Recognition of the employment requirements of persons with disabilities.
(3) In addition to the requirements specified in subsections (1) and (2) of this section, each local authority shall ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest.
Compare: 1988 No 20 s 56
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 119F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119G Equal employment opportunities programme
-
[Repealed]
(1) Every local authority—
(a) Shall in each year develop and publish an equal employment opportunities programme for the local authority:
(b) Shall ensure in each year that the equal employment opportunities programme for that year is complied with throughout the local authority.
(2) The local authority shall include—
(a) In its annual report under section 223D of this Act, a summary of the equal employment opportunities programme for the year to which the report relates; and
(b) In its annual report under section 223E of this Act, an account of the extent to which the local authority was able to meet, during the year to which the report relates, the equal employment opportunities programme for that year.
(3) For the purposes of this section and section 119F of this Act, an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect to the employment of any persons or group of persons.
Compare: 1988 No 20 s 58
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 119G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119H Appointments on merit
-
[Repealed]
A local authority, or any other person making an appointment to any position with the local authority, shall give preference to the person who is best suited to the position.
Compare: 1988 No 20 s 60
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 119H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119I Obligation to notify vacancies
-
[Repealed]
Where it is proposed to fill a position that is vacant or is to become vacant in the local authority, the local authority or other person responsible for making the appointment shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.
Compare: 1988 No 20 s 61
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 119I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
119J Maximum term of office of certain employees
-
[Repealed]
(1) Notwithstanding anything to the contrary in any enactment or rule of law, a local authority or any person making an appointment on behalf of a local authority may enter into an agreement in writing with any person whom the local authority or that person proposes to appoint, or has appointed, as an employee of the local authority to the effect that the employee shall not be removed from office except as provided in the agreement or except for conduct justifying summary dismissal—
(a) During such period (not exceeding 5 years from the day of appointment or the date of the agreement, as the case may be) as is specified in the agreement; or
(b) Except after such notice (not exceeding 3 months) as is specified in the agreement in that behalf.
(2) Any agreement to which subsection (1)(a) of this section relates may from time to time be renewed for any period not exceeding 5 years at any one time from the date of the renewal.
(3) This section shall come into force on the 1st day of November 1990.
Compare: 1963 No 65 s 9
Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 119J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 7
General revenues and estimates
[Repealed]
Part 7, comprising sections 120 to 122, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) (1977 No 122), and was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).
Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).
120 General revenues
-
[Repealed]
Part 7, comprising sections 120 to 122, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).
121 Annual estimates
-
[Repealed]
Part 7, comprising sections 120 to 122, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).
122 Application of income
-
[Repealed]
Part 7, comprising sections 120 to 122, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).
Part 7A
Financial management
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Part 7A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122A Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires,—
Borrowing management policy means a borrowing management policy under section 122R of this Act
Funding policy means a funding policy under section 122N of this Act
Investment policy means an investment policy under section 122P of this Act
Long-term financial strategy means a long-term financial strategy required by section 122K of this Act
Operating expenses has the meaning given to it under generally accepted accounting practice
Operating revenue has the meaning given to it under generally accepted accounting practice.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122B Purposes
-
[Repealed]
The purposes of this Part of this Act are to promote prudent, effective, and efficient financial management by local authorities—
(a) By specifying principles of financial management to be observed in local authority decisions; and
(b) By providing a structured framework for local authority decision-making on financial management; and
(c) By providing an effective and appropriate avenue for public participation in local authority financial policies and funding decisions; and
(d) By clarifying the appropriate exercise of local authority autonomy in financial policy and funding decisions; and
(e) By requiring local authorities to explain their selection of funding mechanisms; and
-
(f) By recognising that, while rating mechanisms are an appropriate means of funding—
(i) Expenditure in respect of which it is not practicable or appropriate to identify the direct beneficiaries of that expenditure; or
(ii) Expenditure that benefits the community generally,—
the appropriate use of rating mechanisms is not limited to the funding of such expenditure.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122C Principles of financial management
-
[Repealed]
(1) Without limiting the provisions of any other enactment relating to the funds and revenues of any local authority, every local authority shall manage its revenues, expenses, assets, liabilities, investments, and financial dealings generally, in accordance with the following principles:
(a) All revenue, expenses, assets, liabilities, and investments are to be managed prudently, in the interests of the district of the local authority or of its inhabitants and ratepayers, and only for lawful purposes:
(b) Adequate and effective provision for the expenditure needs of the local authority, as identified in the annual plan and the long-term financial strategy, is to be made, as the case may require, in the annual plan and the long-term financial strategy:
(c) The benefits and costs of different options are to be assessed in determining any long-term financial strategy, funding policy, investment policy, or borrowing management policy, and in making any decision with significant financial consequences (including a decision to take no action):
(d) The identified expenditure needs of the local authority are to be funded by such lawful funding mechanisms as the local authority considers on reasonable grounds to be appropriate, having regard to the provisions of sections 122D and 122E of this Act and to all other relevant considerations:
(e) Debt shall be maintained at prudent levels and in accordance with the relevant provisions of the borrowing management policy:
(f) Except as provided in section 122J of this Act, operating revenues in any financial year shall be set at a level adequate to cover all projected operating expenses.
(2) No local authority is required to apply, in respect of any financial year beginning earlier than the 1st day of July 1998, the principles set out in subsection (1) of this section.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122D Local authorities not required to use specific funding mechanisms
-
[Repealed]
Nothing in this Part of this Act requires any local authority to adopt any specific allocation of costs or to use any specific funding mechanism to fund any particular expenditure needs of the local authority.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122E Funding of expenditure needs
-
[Repealed]
(1) In determining how any expenditure needs of the local authority are to be funded, the local authority shall—
(a) Identify the allocation of costs indicated by the application of such one or more of the principles specified in section 122F of this Act as the local authority determines on reasonable grounds to be relevant to those expenditure needs; and
-
(b) Determine the extent to which—
(i) Any modification of the allocation of costs identified under paragraph (a) of this subsection; or
(ii) Any alternative to the allocation of costs identified under paragraph (a) of this subsection—
is indicated by such one or more of the considerations specified in section 122G of this Act as the local authority determines on reasonable grounds to be relevant to those expenditure needs; and
(c) Consider, having regard to the matters specified in section 122H of this Act, the extent to which it is practicable and efficient to fund those expenditure needs in a way that achieves, or approximately achieves, the allocation of costs determined pursuant to paragraph (b) of this subsection.
(2) No local authority is required to apply, in respect of any financial year beginning earlier than the 1st day of July 1998, the provisions of subsection (1) of this section.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122F Principles relating to funding of expenditure needs
-
[Repealed]
The principles referred to in section 122E(1)(a) of this Act (which principles are not ranked in order of priority) are—
(a) The principle that the costs of any expenditure should be recovered at the time that the benefits of that expenditure accrue:
-
(b) The principle that, to the extent that any expenditure—
(i) Is independent of the number of persons who benefit; or
(ii) Generates benefits that do not accrue to identifiable persons or groups of persons; or
(iii) Generates benefits to the community generally,—
the costs of that expenditure should be allocated in a manner consistent with economic efficiency and appropriate to the nature and distribution of the benefits generated, which manner may require the use of rating mechanisms under the Local Government (Rating) Act 2002:
(c) The principle that the costs of any expenditure should be recovered from persons or categories of persons in a manner that matches the extent to which the direct benefits of that expenditure accrue to those persons or categories of persons:
(d) The principle that the costs of any expenditure to control negative effects that are contributed to by the actions or inaction of any persons or categories of persons should be allocated to those persons or categories of persons in a way that matches the extent to which they contribute to the need for that expenditure.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Paragraph (b) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“Local Government (Rating) Act 2002”
for the words“Rating Powers Act 1988”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 122F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122G Considerations related to funding of expenditure needs
-
[Repealed]
The considerations referred to in section 122E(1)(b) of this Act (which considerations are not ranked in order of priority) are—
(a) The obligation of the local authority to act in the interests of its residents and ratepayers:
(b) The fairness and equity of any allocation of costs:
(c) Any lawful policy of the local authority, to the extent that the costs of any expenditure may be allocated in a way that effectively and appropriately promotes that policy:
(d) Balancing the avoidance of significant adjustment difficulties for any persons or categories of persons arising from sudden and significant changes in the total costs allocated to those persons or categories of persons, with achieving the indicated allocation of costs at the earliest reasonable date.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Section 122G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122H Matters related to mechanisms for funding of expenditure needs
-
[Repealed]
The matters referred to in section 122E(1)(c) of this Act are—
(a) The extent to which any funding mechanism or combination of funding mechanisms lawfully available to the local authority can achieve any allocation of costs:
(b) The efficiency, including the costs, of the different funding mechanisms available to the local authority:
(c) The extent to which it is efficient and effective to fund any expenditure need by a funding mechanism that is separate from those used to fund any other expenditure of the local authority:
(d) The extent to which different funding mechanisms lawfully available to the local authority will allow persons or categories of persons to whom costs are allocated to identify the expenditure needs to which those costs relate.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Section 122H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122I Compliance
-
[Repealed]
(1) Without limiting anything in subsection (2) of this section, for the purposes of this Part of this Act,—
(a) The extent and detail of information to be considered; and
(b) The degree to which benefits and costs are quantified; and
(c) The extent to which different options are considered; and
(d) The extent and nature of any written record of that consideration,—
shall be such as the local authority considers on reasonable grounds to be appropriate, having regard to the purposes specified in section 122B of this Act, the significance of the decision, and the scale of the local authority's operations.
(2) In complying with the requirements of this Part of this Act to prepare and adopt any long-term financial strategy, funding policy, investment policy, or borrowing management policy, a local authority shall do so in such manner and include such detail as the local authority considers on reasonable grounds to be appropriate, having regard to—
(a) The purposes specified in section 122B of this Act; and
(b) The significance of the matter; and
(c) The costs and difficulty of obtaining information; and
(d) The scale of the local authority's operations.
(3) It shall be the responsibility of each local authority to make judgments about the ways in which the principles specified in section 122C(1) of this Act are to be complied with by the local authority, having regard to—
(a) The purposes specified in section 122B of this Act; and
(b) The role of local authorities in making appropriate expenditure and funding decisions which reflect the goals of the communities they serve; and
(c) Such other matters as the local authority considers on reasonable grounds to be relevant to those judgments.
(4) Without limiting the generality of subsection (3) of this section, it shall be the responsibility of each local authority, having regard to any relevant submissions received by the local authority,—
(a) To make judgments about fairness and equity; and
(b) To make judgments concerning the extent to which any provision of sections 122F to 122H of this Act is relevant to any particular case,—
which judgments may reflect the complexity and inherent subjectivity of any benefit allocation for specified outputs and the complexity of the economic, social, and political assessments required in the exercise of political judgment concerning rating.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Section 122I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122J Short-term borrowing, reserves, etc
-
[Repealed]
Notwithstanding anything in section 122C(1)(f) of this Act, a local authority may from time to time, where it considers it to be appropriate on reasonable grounds, after having had regard to the other provisions of section 122C(1) of this Act and to any other relevant provisions of this or any other Act,—
(a) Borrow from time to time under Part 7B of this Act, in anticipation of its revenue, reasonable and appropriate amounts of money for the purpose of ensuring efficient and effective cash management:
(b) Designate operating surpluses as reserves:
(c) Utilise a surplus from one year in another:
(d) Fund operating expenses from debt for the purpose of meeting some reasonable short-term funding need:
(e) Fund operating expenses from sources other than operating revenue in order to adjust its equity as provided in its long-term financial strategy:
(f) Omit to make provision for funding the decline in the service potential of any asset in any year earlier than the year commencing with the 1st day of July 1999:
(g) Expend any operating revenue, including any revenue for the purpose of funding the decline in the service potential of any asset, on the maintenance of that asset or to meet the cost of any borrowing undertaken for the acquisition or construction of that asset.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Section 122J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122K Long-term financial strategy
-
[Repealed]
(1) Every local authority shall, not less than once every 3 years, prepare and, in accordance with the special consultative procedure, adopt a long-term financial strategy.
(2) The long-term financial strategy may be prepared and adopted concurrently with the annual plan.
(3) An outline of the long-term financial strategy shall be included in every annual plan.
(4) The long-term financial strategy shall relate to a period of 10 or more consecutive financial years.
(5) The first long-term financial strategy prepared under this section shall relate to a period that begins on the 1st day of July 1998, and shall be adopted before that date.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Section 122K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122L Content of long-term financial strategy
-
[Repealed]
The long-term financial strategy required by section 122K of this Act shall cover—
(a) The estimated expenses, including an allowance for the cost of debt servicing and for the decline in the service potential of assets, necessary to meet the identified needs of the local authority over the period of the strategy:
(b) The reasons why activities giving rise to the estimated expenses are to be engaged in:
(c) The proposed sources of funds to cover the estimated expenses:
(d) Estimated cashflow projections for the period of the strategy, including the results of any planned asset sales and changes in working capital:
(e) Estimates in relation to the creation and realisation of reserves, investments, and assets:
(f) Estimated changes in the level of equity over the period of the strategy:
(g) Estimated long-term borrowing requirements for the period of the strategy:
(h) Estimates of commitments and contingencies for future events that the local authority could reasonably expect to occur and are associated with the actions that the local authority could reasonably expect to take:
(i) Such other financial and non-financial information as is necessary to meet the requirements of section 122C(1) of this Act.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Section 122L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122M Significant forecasting assumptions of long-term financial strategy
-
[Repealed]
The long-term strategy required by section 122K of this Act shall clearly identify—
(a) All the significant forecasting assumptions and risks underlying the financial estimates provided under section 122L of this Act; and
(b) In any case where significant forecasting assumptions involve a high level of uncertainty, the fact of that uncertainty and an estimate of the potential effects of that uncertainty on the financial estimates provided.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Section 122M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122N Funding policy
-
[Repealed]
(1) Every local authority shall, not less than once every 3 years, prepare and adopt a funding policy.
(2) Every funding policy shall be prepared as part of an annual plan and adopted in accordance with the special consultative procedure.
(3) In any year in which a local authority does not prepare and adopt a funding policy, an outline of the current funding policy shall be included in the annual plan.
(4) The first funding policy prepared under this section shall be adopted for the financial year commencing on the 1st day of July 1998.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Section 122N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122O Content of funding policy
-
[Repealed]
(1) The funding policy required by section 122N of this Act shall show the manner in which section 122C(1)(d) of this Act has been complied with and, in so doing, shall show, for each function of the local authority,—
(a) The allocation in any relevant year of the costs of that function, or, where the expenditure needs of any function include significant components that can reasonably be differentiated in terms of section 122C(1)(d) of this Act, the allocation of costs of each such component; and
(b) The rationale, in terms of section 122C(1)(d) of this Act, for any allocation of costs including, where that allocation has been determined wholly or partly by the considerations specified in section 122G(b) of this Act, the specific issues of fairness and equity taken into account; and
(c) Where the allocation of costs differs from that identified under section 122E(1)(a) of this Act, a general description of the effect of that difference in terms of the allocation of costs between persons or categories of persons.
(2) The funding policy required by section 122N of this Act shall show, for the district as a whole, the mix of funding mechanisms (being funding mechanisms described in subsection (3) of this section) required to meet the total funding requirements of the local authority for that year, and shall explain how those funding mechanisms will achieve the allocations of costs described under subsection (1)(a) of this section.
(3) For the purposes of subsection (2) of this section, the funding mechanisms shall be—
(a) general rates set on rateable value; and
(b) uniform annual general charges; and
(c) targeted rates.
(d) Fees and charges levied for the performance of the function or provision of the service towards which they are applied:
(e) Revenue in respect of any other separate function or activity of the local authority:
(f) Other sources of revenue of any kind:
(g) Long-term borrowing under Part 7B of this Act:
(h) Capital sums from any source.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Subsection (3)(a) to (3)(c) were substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Section 122O was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122P Investment policy
-
[Repealed]
(1) Every local authority shall, by resolution, adopt an investment policy.
(2) An outline of the investment policy shall be included in every annual plan.
(3) The first investment policy prepared under this section shall be adopted for the financial year commencing on the 1st day of July 1998.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122Q Content of investment policy
-
[Repealed]
The investment policy required by section 122P of this Act shall include—
(a) The general policy of the local authority on how its financial assets, including, but not limited to, trust funds, special funds, shares, property held in whole or in part for investment purposes, and financial reserves, are to be managed:
-
(b) Any policy of the local authority on its investments generally, including—
(i) The mix of investments in terms of the functions and expenditure needs of the local authority; and
(ii) The acquisition of new investments:
-
(c) Any policy of the local authority as to the disposition of—
(i) Revenue from its investments; and
(ii) Proceeds of sale of assets:
(d) An outline of the procedures by which investments are to be managed and reported to the council:
(e) An outline of how risks associated with investments are to be assessed and managed.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122R Borrowing management policy
-
[Repealed]
(1) Every local authority shall, by resolution, adopt a borrowing management policy.
(2) An outline of the borrowing management policy shall be included in every annual plan.
(3) The first borrowing management policy prepared under this section shall be adopted for the financial year commencing on the 1st day of July 1998.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122R was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122S Content of borrowing management policy
-
[Repealed]
The borrowing management policy required by section 122R of this Act shall include—
(a) The interest rate exposure policy of the local authority:
(b) The liquidity policy of the local authority:
(c) The credit exposure policy of the local authority:
(d) The debt repayment policy of the local authority:
(e) Any specific borrowing limits determined by the local authority:
(f) Any specific policy of the local authority as to the giving of security.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122T Changes to long-term financial strategy and policies
-
[Repealed]
(1) The outline, in any annual plan, of the local authority's long-term financial strategy, funding policy, investment policy, and borrowing management policy shall include an explanation of any significant changes between—
(a) The strategy and policies for the financial year in respect of which the annual plan is to be adopted; and
(b) The strategy and policies adopted in respect of the previous financial year.
(2) Where any material error is identified in any current long-term financial strategy, funding policy, investment policy, or borrowing management policy,—
(a) The local authority shall, as soon as practicable, by resolution publicly notified, amend the strategy or policy; and
(b) Unless the error is such that the local authority is satisfied on reasonable grounds that no person will otherwise be significantly disadvantaged, the local authority shall prepare and adopt a replacement strategy or policy as early as is lawfully practicable under this Act.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122U Variations between long-term financial strategy and funding, investment, or borrowing management policies
-
[Repealed]
The description, in any annual plan, of the local authority's long-term financial strategy, funding policy, investment policy, and borrowing management policy shall include—
-
(a) An explanation of any material inconsistency between—
(i) The current long-term financial strategy; and
(ii) The funding policy, investment policy, or borrowing management policy for the year; and
(b) An explanation of how the local authority proposes to address that material inconsistency in future years.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
122V Report on long-term financial strategy and policies
-
[Repealed]
(1) Every local authority shall, as part of its annual report, provide sufficient information about the long-term financial strategy, funding policy, investment policy, and borrowing management policy as will enable an informed assessment of the extent to which the objectives and provisions of the strategy and policies have been met during the year to which the annual report relates.
(2) The information required by subsection (1) of this section shall include an explanation of any significant variation between—
(a) The objectives and policies of the long-term financial strategy, funding policy, investment policy, and borrowing management policy set out in the annual plan for that financial year; and
(b) The actual achievement of those objectives and policies as reported under subsection (1) of this section.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122W Limitation of review
-
[Repealed]
(1) This section applies to any challenge, on the ground that section 122C(1)(d) of this Act has not been complied with, to—
(a) Any allocation of costs proposed in any long-term financial strategy; or
(b) The selection of any funding mechanism proposed in any funding policy; or
(c) Any detail of any funding mechanism proposed in any funding policy.
(2) Where any person wishes to make a challenge to which subsection (1) of this section applies, that person shall make that challenge by way of a written submission to the local authority in the course of the special consultative procedure relating to—
(a) The long-term financial strategy in which the allocation of costs is proposed; or
(b) The funding policy in which the selection of the funding mechanism is proposed; or
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122W was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122X Statement of compliance
-
[Repealed]
The annual report of each local authority shall include a statement signed by the Mayor or Chairperson of the local authority and by the principal administrative officer of the local authority that all statutory requirements of this Part of this Act and of Part 7B of this Act regarding financial management and borrowing have been complied with.
Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 122X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 7AB
Remission and postponement policies and policies for rates relief on Maori freehold land
Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122XA Remission policy
-
[Repealed]
(1) A local authority may adopt a policy that provides for remission of rates (a remission policy).
(2) The remission policy must be prepared as part of the annual plan and adopted in accordance with the special consultative procedure.
(3) However, if in any year a new remission policy is not prepared and adopted, a summary of the remission policy to be applied by the local authority must be included in the annual plan.
(4) The remission policy must include a statement of—
(a) the objectives sought to be achieved by remission of rates; and
(b) the conditions and criteria to be met in order for rates to be remitted.
(5) In adopting a remission policy, the local authority may consider the matters and objectives set out in section 122XD.
(6) The remission policy may be amended or revoked only in accordance with the special consultative procedure.
(7) For the purposes of this section, rates includes penalties payable on unpaid rates.
Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122XB Postponement policy
-
[Repealed]
(1) A local authority may adopt a policy that provides for postponement of the requirement to pay rates (a postponement policy).
(2) The postponement policy must be prepared as part of the annual plan and adopted in accordance with the special consultative procedure.
(3) However, if in any year a new postponement policy is not prepared and adopted, a summary of the postponement policy to be applied by the local authority must be included in the annual plan.
(4) The postponement policy must include a statement of—
(a) the objectives sought to be achieved by a postponement of the requirement to pay rates; and
(b) the conditions and criteria to be met in order for the requirement to pay rates to be postponed.
(5) In adopting a postponement policy, the local authority may consider the matters and objectives set out in section 122XD.
(6) The postponement policy may be amended or revoked only in accordance with the special consultative procedure.
(7) For the purposes of this section, rates includes penalties payable on unpaid rates.
Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122XC Rates relief policy for Maori freehold land
-
[Repealed]
(1) A local authority may adopt a policy on rates relief for Maori freehold land that provides for either or both remission of rates or postponement of the requirement to pay rates.
(2) The policy must be prepared as part of the annual plan and adopted in accordance with the special consultative procedure.
(3) A local authority must consider whether to adopt a policy under subsection (1)—
(a) in preparing the annual plan for the year commencing 1 July 2004; and
(b) subsequently every 3 years, unless a policy has been adopted within the previous 3 years.
(4) However, if in any year a new policy is not prepared and adopted, a summary of the policy to be applied by the local authority must be included in the annual plan.
(5) The policy must include a statement of—
(a) the objectives sought to be achieved by remission of rates or postponement of the requirement to pay rates, as the case may be; and
(b) the conditions and criteria to be met in order for rates to be remitted or the requirement to pay rates to be postponed, as the case may be.
(6) The policy may be amended or revoked only in accordance with the special consultative procedure.
(7) For the purposes of this section, rates includes penalties payable on unpaid rates.
(8) This section is subject to section 122XD.
Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122XD Factors applying to policy on rates relief for Maori freehold land
-
[Repealed]
(1) The local authority must consider the matters set out in subsection (2)—
(a) in deciding whether or not to adopt a rates relief policy for Maori freehold land under section 122XD; and
(b) in determining the content of that policy if a policy is adopted.
(2) The matters that the local authority must consider under subsection (1) are—
(a) the desirability and importance within the district of each of the objectives in subsection (3); and
(b) whether, and to what extent, the attainment of any of those objectives could be prejudicially affected if there is no policy that enables remission of rates or postponement of the requirement to pay rates on Maori freehold land; and
(c) whether, and to what extent, attainment of those objectives is likely to be facilitated by a policy that enables remission of rates or postponement of the requirement to pay rates on Maori freehold land; and
(d) the extent to which different criteria and conditions for rates relief may contribute to different objectives.
(3) The objectives referred to in subsection (2) are—
(a) supporting the use of the land by the owners for traditional purposes:
(b) recognising and supporting the relationship of Maori and their culture and traditions with their ancestral lands:
(c) avoiding further alienation of Maori freehold land:
(d) facilitating any wish of the owners to develop the land for economic use:
(e) recognising and taking account of the presence of waahi tapu that may affect the use of the land for other purposes:
(f) recognising and taking account of the importance of the land in providing economic and infrastructure support for marae and associated papakainga housing (whether on the land or elsewhere):
-
(g) recognising and taking account of the importance of the land for community goals relating to—
(i) preservation of the natural character of the coastal environment:
(ii) protection of outstanding natural features:
(iii) protection of significant indigenous vegetation and significant habitats of indigenous fauna:
(h) recognising the level of community services provided to the land and its occupiers:
(i) recognising matters related to the physical accessibility of the land.
Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 7B
Borrowing and security
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Part 7B (comprising sections 122Y to 122ZT) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122Y Commencement
-
[Repealed]
This Part of this Act shall come into force on the 1st day of July 1998.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122Z Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires,—
Asset of a local authority, in relation to a charge or to charging, includes any revenue, rate, or other right or entitlement of the local authority capable of being subjected to a charge
Borrowing—
(a) Means the incurring by any means of debt to raise money; and
-
(b) Includes the incurring of debt—
(i) Under any contract or arrangement for hire purchase, deferred payment, instalment payment, sale and lease back or buy back, financial lease, loan, overdraft, or other arrangement for obtaining debt finance; or
(ii) By the drawing, acceptance, making, endorsement, issue, or sale of bills of exchange, promissory notes and other negotiable instruments and debt securities; but
-
(c) Does not include debt incurred in connection with the hire purchase of goods, the deferred purchase of goods or services, or the giving of credit for the purchase of goods or services, if—
(i) The period for which the indebtedness is outstanding is less than 91 days and the indebtedness is not incurred again promptly after payment; or
-
(ii) The goods or services are obtained in the ordinary course of the local authority's performance of its lawful functions, on terms and conditions available generally to parties of equivalent credit worthiness, for amounts not exceeding in aggregate an amount—
(A) Determined by resolution of the local authority as not being so significant as to require specific authorisation; or
(B) Recorded for the purposes of this subparagraph of this paragraph of this definition in the then current borrowing management policy of the local authority;
and borrow has a corresponding meaning:
Charge includes a mortgage, a floating charge, and any other non-possessory security interest deliberately created by the local authority concerned
Incidental arrangement means a contract or arrangement described in section 122ZB of this Act; and includes the creation of a charge
Loan includes the amounts raised or indebtedness incurred, as the context may require, as a result of borrowing.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Power to borrow
122ZA General power to borrow
-
[Repealed]
(1) A local authority may borrow in such manner, on such terms and conditions, and for such of its lawful purposes as it considers appropriate.
(2) Subsection (1) of this section, in its application to a local authority, is subject to this Act and to any other Act relating to borrowing in general, or by local authorities, or by that local authority in particular.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZAA Internal borrowing
-
[Repealed]
(1) To avoid doubt, a local authority may—
(a) apply funds held by it for a particular purpose to any other purpose:
(b) borrow from the Commissioners of any sinking fund established by the local authority under the Local Authorities Loans Act 1956 or any prior enactment.
(2) The application of the funds or borrowing under subsection (1) must be treated as if it were borrowing under section 122ZA and—
(a) this Part applies with all necessary modifications; and
(b) sections 122P and 122R apply.
(3) The local authority may meet the costs of the borrowing (including interest and principal) from the proceeds of any rate.
(4) Section 86(6) of the Local Authorities Loans Act 1956 does not limit subsection (1).
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 12ZZA was inserted, as from 31 March 2002, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See sections 137(2) to 147 of that Act for savings and transitional provisions.
Section 122ZAA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZB Power to enter into incidental arrangements
-
[Repealed]
(1) Subject to this Part of this Act, a local authority may, on such terms and conditions as it considers appropriate, enter into and perform any contract or arrangement (in this Part of this Act referred to as an
“incidental arrangement”
) that is—-
(a) A contract or arrangement for the management, reduction, sharing, limiting, assumption, offset, or hedging of financial risks and liabilities in relation to any investment or investments or any loan or loans or other incidental arrangement, whether or not that contract or arrangement involves—
(i) The expenditure, borrowing, or lending of money; or
(ii) The local authority undertaking to make payments in exchange for another person undertaking to make payments to the local authority; or
(iii) The creation or acquisition or disposal of any property or right; or
(b) A contract or arrangement with any bank, financial institution, or other person providing for any person to act as underwriter, broker, indemnifier, guarantor, accommodation party, manager, dealer, trustee, registrar, or paying, fiscal, or other agent for, or in connection with, any loan or investment.
(2) Subject to this Part of the Act, a local authority may, on such terms and conditions as it considers appropriate, enter into and perform obligations to pay a penalty or a default rate of interest in respect of any loan or incidental arrangement.
(3) Entry into incidental arrangements by a local authority shall be subject to the requirements of this Act and any other Act relating to borrowing in general, or by local authorities, or that local authority in particular.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
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122ZC Prohibition on borrowing in foreign currency
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[Repealed]
No local authority shall borrow or enter into incidental arrangements, within or outside New Zealand, in currency other than New Zealand currency.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Procedure for raising loans
122ZD Procedure for borrowing money
-
[Repealed]
(1) A local authority shall not borrow or enter into any incidental arrangement other than pursuant to and in accordance with a resolution of the local authority that has been passed at a meeting or at a part of a meeting that was open to the public.
(2) A resolution passed for the purposes of subsection (1) of this section may be in general terms and may relate to more than one loan or incidental arrangement; but shall—
(a) State the purpose or purposes of the loan or incidental arrangement:
(b) Describe the general nature of any security to be given for the loan or incidental arrangement:
(c) Indicate that the local authority approving the resolution has considered the risks and benefits to the local authority of the loan or incidental arrangement and of any security to be given in relation to the loan or incidental arrangement:
(d) Indicate that the local authority approving the resolution is satisfied that the general terms and conditions of the loan or incidental arrangement and of any security to be given in relation to the loan or incidental arrangement are in accordance with the borrowing management policy adopted by the local authority under section 122R of this Act, and, in particular, the limits and guidelines set out in that borrowing management policy.
(3) If the precise terms and conditions of the loan or incidental arrangement and any security to be given in relation to the loan or incidental arrangement are not specified in the resolution, the resolution shall state the names or offices of the persons to whom the authority to determine those terms and conditions is to be delegated.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Securities and charges
122ZE Security for loans
-
[Repealed]
(1) Subject to this section and to subsections (5) and (6) of section 122ZN of this Act, a local authority may charge as security for any loan, or the performance of obligations under any incidental arrangement, any one or more of the assets of the local authority.
(2) If, under subsection (1), a local authority has charged a rate or rates revenue, the local authority must be treated as having set a special rate.
(2A) The amount of the special rate is the amount each year of the rateable value of land in the district, or a defined part of the district, that is sufficient to provide in that year for the payment of the local authority's commitments for the loan or incidental arrangement during that year plus an additional 10%.
(2B) The special rate must be treated as—
(a) having been set on the date on which money was first raised under the loan or the obligations were incurred under the incidental arrangement; and
(b) continuing until the loan is paid off or the obligations incurred under the incidental arrangement are fully performed.
(3) Section 122ZF applies to every special rate under subsection (2).
(4) A local authority shall not charge as security for any loan or incidental arrangement—
(a) Any land or interest in land (including improvements) received or receivable from the Crown for any specific purpose, except with the prior written consent of the Minister:
(b) Any land vested in the local authority that is a reserve under the Reserves Act 1977, unless the loan or incidental arrangement so secured is raised or entered into exclusively for the purposes for which the reserve is held:
(c) Any asset held by the local authority on or subject to a trust, or as an endowment, unless the loan or incidental arrangement so secured is raised or entered into exclusively for purposes consistent with the objects of the trust or endowment, and the charge is not a breach of the terms of the trust or endowment.
(5) If a local authority charges any asset in breach of this section, then, without prejudice to the provisions of sections 122ZG and 122ZN(5) of this Act, the local authority shall, as soon as reasonably practicable after becoming aware of the breach, take such steps as may be necessary to reinstate or replace and maintain the asset for the purposes for which it was held by the local authority, free of the effects (if any) of the charge.
(6) For the avoidance of doubt it is hereby declared that a local authority may meet its commitments in respect of the repayment of any loan out of its general revenue.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Subsection (2) was substituted, and subsections (2A) and (2B) were inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Subsection (3) was substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Section 122ZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZF Provisions applying to special rates
-
[Repealed]
(1) Any special rate deemed to have been made under section 122ZE(2) of this Act may be levied only by a receiver appointed under section 122ZL of this Act.
(2) Any special rate deemed to have been made under section 122ZE(2) of this Act shall be deemed not to have been made on rateable property in respect of which an election under section 65 or section 77 of the Rating Powers Act 1988 has been exercised by any ratepayer in respect of any repayment loan or the works for which any loan was borrowed.
(3) Where, after a special rate is deemed to be made, any property within the area affected thereby becomes rateable property, that property shall become liable to the special rate and shall be rated accordingly.
(4) A special rate to provide for the annual charges in respect of a loan or incidental arrangement of a kind specified in section 122ZE(2) of this Act as having been borrowed or entered into for the benefit of any defined part of a district shall be deemed to be made and may be levied within that part only.
Compare: 1988 No 97 s 55(3), (5), (6)
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZG Effects of breach on third parties
-
[Repealed]
(1) In this section, protected transaction means—
(a) Any deed, agreement, right or obligation constituting, relating to, or for the purpose of, any borrowing or incidental arrangement; and
-
(b) Includes—
(i) Any charge, guarantee, or security for the payment of any amount (including any loan) payable in relation to or for the purpose of any borrowing or incidental arrangement; and
(ii) Any conveyance or transfer of any property, in relation to, or for the purpose of, any borrowing or incidental arrangement.
(2) Every protected transaction entered into or purportedly entered into by or on behalf of a local authority shall be valid and enforceable despite—
(a) The local authority failing to comply with any provision of this Act in any respect; or
(b) The protected transaction, or the entry into or performance of the protected transaction, being contrary to any provision of this Act; or
(c) The entry into or performance of the protected transaction being outside the capacity, rights, or powers of the local authority, or being for a purpose not authorised by this Act or any other Act; or
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(d) A person held out by the local authority as being a member, employee, agent, or attorney of the local authority—
(i) Not having been validly appointed as such; or
(ii) Not having the authority to exercise any power or to do anything either which the person is held out as having or which a person appointed to such a position would customarily have; or
(e) A document issued, or purporting to be issued, on behalf of the local authority by a person with actual or customary authority, or held out as having such authority, to issue the document, not being valid or not being genuine.
(3) A certificate signed, or purporting to be signed, by the principal administrative officer of the local authority to the effect that the local authority has complied with this Act in connection with a protected transaction shall be conclusive proof for all purposes that the local authority has so complied.
(4) Subsections (2) and (3) of this section shall apply even though a person of the kind referred to in paragraph (d) or paragraph (e) of subsection (2) of this section or in subsection (3) of this section acts fraudulently or forges a document that appears to have been signed on behalf of the local authority, unless the person dealing with the local authority or a person who had acquired property, rights, or interests from the local authority acts in bad faith.
(5) A person shall not be able to rely on subsection (2) or subsection (3) of this section in relation to any protected transaction if that person—
(a) Has dealt in bad faith with a local authority in relation to that protected transaction; or
(b) Had actual knowledge before the protected transaction was entered into that it was in breach of section 122ZC of this Act.
(6) For the purpose of subsections (4) and (5) of this section,—
(a) A person shall not be regarded as acting in bad faith by reason only of the fact that, in relation to any protected transaction, the person knew or ought to have known of the existence of any of the states of affairs referred to in paragraphs (a) to (e) of subsection (2) of this section; and
(b) A person shall be presumed to have acted in good faith unless the contrary is proved.
(7) Nothing in this section shall affect the ability of any person to obtain any remedy from a Court that has the effect of preventing or restraining temporarily or permanently a local authority from doing any act or thing in the future (other than an act or thing necessary for the performance of a protected transaction that has already been entered into).
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Registration of charges
122ZH Registration of charges
-
[Repealed]
(1) This section and sections 122ZI to 122ZK of this Act shall apply to all charges given by a local authority after the date of commencement of this Part of this Act.
(2) Every local authority shall register with the Registrar of Companies a copy of the instrument (or, as the case may require, particulars) in respect of every charge to which this section applies created over any asset of the local authority, as if the local authority were a company or limited company within the meaning of the Companies Act 1955.
(3) Subject to this section, the provisions of Part 4 of the Companies Act 1955 shall apply as if—
(a) Every reference to the company in general meeting were a reference to a meeting of the local authority:
(b) Every reference to the officers of a company were a reference to the members and the chief executive officer or senior executive officers of the local authority:
(c) Every reference to the registered office of a company were a reference to the principal office of the local authority:
(d) Every reference to the Registrar included a reference to the District Registrar as defined in the Companies Act 1955:
(e) The charges required to be registered by virtue of section 102(2) of the Companies Act 1955 included any charge which is created pursuant to section 122ZE of this Act and which would, if given by a company, be required by section 102(2) of the Companies Act 1955 to be registered under the Companies Act 1955:
(f) Section 103(1) of the Companies Act 1955 applied, in the case of charges given by a local authority, only to charges created after the date of commencement of this Part of this Act.
(4) Section 103(2) of the Companies Act 1955 shall not apply to charges given by a local authority.
(5) Every charge to which this section applies shall, so far as any charge on a local authority's assets is conferred by the charge to which this section applies, be void against a Commissioner appointed under Part 43A or section 721 of this Act or a Commission appointed under Part 43B of this Act and any creditor of the local authority, unless the charge is registered in the manner and within the time prescribed by section 102 of the Companies Act 1955, or, if the time for registration is extended under section 108 or section 108A of the Companies Act 1955, then within the extended time, but without prejudice to any contract or obligation for repayment of the money thereby secured.
(6) Where a charge becomes void under subsection (5) of this section, the money secured thereby shall immediately become payable.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Subsection (5) was amended, as from 3 May 2001, by section 3(2) Companies Act 1955 Amendment Act 2001 (2001 No 17) by inserting the expression
“or section 108A”
.Section 122ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZI Register of charges maintained by Registrar of Companies
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[Repealed]
(1) For the purposes of enabling any member of the public to establish, verify, or assess the charges registered against the asset or assets of a local authority and the nature and terms of the obligations that those charges secure, the Registrar of Companies shall establish and maintain a register in respect of each local authority which has submitted documents for registration under section 122ZH of this Act for all documents so registered.
(2) The register shall contain the information specified in section 105(1) of the Companies Act 1955.
(3) The register may be divided into different parts, which may be kept in such places in New Zealand as the Registrar determines from time to time.
(4) The register established pursuant to subsection (1) of this section may be kept in such manner as the Registrar thinks fit including, either wholly or partly, by means of a device or facility—
(a) That records or stores information electronically or by other means; and
(b) That permits the information so recorded or stored to be readily inspected or reproduced in useable form.
(5) The register established pursuant to subsection (1) of this section shall be so arranged so that it may be searched by—
(a) Reference number; or
(b) The name of the local authority; or
(c) Any other search reference specified in regulations made under this Act or in a code of practice issued under Part 6 of the Privacy Act 1993 (being a code of practice that is consistent with the purposes set out in subsection (1) of this section).
(6) If a document received by the Registrar for registration under section 122ZH of this Act—
(a) Is not in the prescribed form, if any; or
(b) Does not comply with the Companies Act 1955 or regulations made under the Companies Act 1955; or
(c) Is not printed or typewritten; or
(d) Where the register established pursuant to subsection (1) of this section is kept wholly or partly by means of a device or facility referred to in subsection (4) of this section, is not in a form that enables particulars to be entered directly by electronic or other means in the device or facility; or
(e) Has not been properly completed; or
(f) Contains material that is not clearly legible,—
the Registrar may refuse to register the document and, in that event, must request either—
(g) That the document be appropriately amended or completed and submitted for registration again; or
(h) That a fresh document be submitted in its place.
(7) For the purposes of this section, a document is registered when—
(a) The document itself is constituted part of the register established pursuant to subsection (1) of this section; or
(b) Particulars of the document are entered in any device or facility referred to in subsection (4) of this section.
(8) Section 105(3) of the Companies Act 1955 shall not apply to the register maintained under this section or to the documents registered under section 122ZH of this Act.
(9) A person may, on payment of any fees that are prescribed, inspect—
(a) Any document that constitutes part of the register established pursuant to subsection (1) of this section:
(b) Particulars of any registered document that have been entered on any device or facility referred to in subsection (4) of this section:
(c) Any registered document particulars of which have been entered in any such device or facility—
during the hours when the office of the Registrar is open to the public for the transaction of business on a working day.
(10) The provisions of sections 363(2) to (5) of the Companies Act 1993 shall apply in respect of each document registered pursuant to this section as if—
(a) Every reference to the New Zealand register or the overseas register were a reference to the register established pursuant to subsection (1) of this section; and
(b) Every reference to section 306(4) of the Companies Act 1993 were a reference to subsection (4) of this section.
(11) In this section, reference to the Registrar includes reference to the District Registrar as defined in the Companies Act 1955.
(12) The fees payable to the Registrar—
(a) For the inspection of any document on the register; or
(b) For the registration of any instrument creating or evidencing any charge; or
(c) For registering satisfaction of a charge or release or partial release of property from a charge—
shall be the same fees as would be payable if the local authority were a company incorporated under the Companies Act 1993 and the charge were being registered under the Companies Act 1955 in respect of that company.
Compare: 1993 No 105 ss 360(2), (4), 362(2), (3), 363(1)
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZJ Register of charges maintained by local authority
-
[Repealed]
(1) Every local authority that has any charge over any of its assets shall establish and maintain at its principal office a register of, and keep copies of, all instruments specifically affecting any property of the local authority.
(2) The register referred to in subsection (1) of this section shall be available for inspection during ordinary office hours.
(3) Except where the person inspecting the register is supplied with copies of or any particulars from the register, no fee shall be payable for inspection of the register.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZK Registration of subsisting charges
-
[Repealed]
(1) Notwithstanding section 122ZH(1) of this Act, every local authority shall, not later than the 30th day of June 1999, register copies of every instrument in respect of all charges created over any asset still owned by the local authority on or before the date of commencement of this Part of this Act and subsisting on the date of such registration that would otherwise have been registrable under this section had the charge been given after the date of commencement of this Part of this Act in accordance with the procedure set out in section 122ZH of this Act.
(2) Any failure to register, on or before the 30th day of June 1999, any instrument to which subsection (1) of this section applies shall result in the provisions of subsections (5) and (6) of section 122ZH of this Act applying as if reference to the requirement to register the charge in accordance with sections 102 and 108 of the Companies Act 1955 were a reference to the requirement to register such charge on or before the 30th day of June 1999.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Receivership
122ZL Appointment of receivers
-
[Repealed]
(1) Subject to sections 122ZG and 122ZI of this Act, and without limiting any other rights or remedies of the holder of a charge over any asset of a local authority, an instrument creating or evidencing the terms and conditions of the charge may provide for the appointment of a receiver of such assets in such terms as the parties may agree and the holder of that charge may exercise any such other rights or use any such other remedies.
(2) Subject to sections 122ZN and 122ZO of this Act and to subsection (3) of this section, the High Court may, on the application of any creditor of the local authority, appoint a receiver of any asset of a local authority or any deemed special rate for such period, with such rights, powers, and duties, and on such terms and conditions including as to security and remuneration, as the Court considers appropriate in all the circumstances.
(3) When considering the terms and conditions upon which a receiver can be appointed by a Court pursuant to subsection (2) of this section, the Court shall—
-
(a) Take account of the interests of both the secured and non-secured creditors of the local authority, as against—
(i) The interests of the local authority itself; and
(ii) The requirement of the local authority to provide those services that are essential for the maintenance of public health and safety; and
(iii) The interests of the ratepayers with property within the area of the local authority; and
(iv) The interests of the general public living within the area of the local authority; and
(b) Take account of the interests of secured creditors as against the interests of non-secured creditors of the local authority.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
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122ZM Powers and duties of receivers
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[Repealed]
(1) A receiver of any asset of a local authority shall, as the circumstances and the context permit, be affected by the restrictions and responsibilities which by law affect a receiver of a company or of an asset or property or rights of a company as if the local authority were a company.
(2) The provisions of the Receiverships Act 1993 shall be deemed to apply with the following modifications and exceptions:
(a) Every reference to a director or the directors shall be read as if it were a reference to a member or the members of the local authority:
(b) Every reference to a liquidator, except the reference in section 30(3) of the Receiverships Act 1993, shall be read as if it were a reference to a Commissioner appointed under Part 43A or section 721 of this Act or a Commission appointed under Part 43B of this Act:
(c) Every reference to a liquidation, except the references in section 30(3) of the Receiverships Act 1993, shall be read as if it were a reference to the appointment of a Commissioner under Part 43A or section 721 of this Act or a Commission appointed under Part 43B of this Act:
(d) Every reference to the Registrar shall be read as if it were a reference to the Registrar of Companies:
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(e) Unless the Court orders otherwise, none of the following persons may be appointed or act as a receiver:
(i) Any person specified in section 5(1) of the Receiverships Act 1993:
(ii) Any person disqualified by section 3 of the Local Authorities (Members' Interests) Act 1968 or section 101X of this Act from holding office as a member of the local authority:
(f) The obligation of a local authority to comply with section 12 of the Receiverships Act 1993 is subject to section 122ZN(4) of this Act, in that a local authority shall only be required to comply with section 12 of the Receiverships Act 1993 to the extent that any such compliance shall not, in the reasonable opinion of the local authority, interfere with the local authority's ability to exercise or perform its rights, powers, and duties in relation to those assets not charged in favour of the appointor of the receiver or not the subject of the receivership:
(g) Section 13 of the Receiverships Act 1993 shall be subject to section 122ZN(4) of this Act, in that the power of the receiver to execute documents in the name of and on behalf of a local authority, and to use any common seal of a local authority may be exercised only in relation to assets charged in favour of the appointor of the receiver:
(h) Section 15 of the Receiverships Act 1993 shall not apply:
(i) The general duties imposed on receivers by section 18 of the Receiverships Act 1993 shall be subject to the constraints imposed on receivers by section 122ZN(1) of this Act:
(j) Nothing in sections 23 and 24 of the Receiverships Act 1993 shall require a receiver to include in any report any information that could be properly withheld if the Local Government Official Information and Meetings Act 1987 applied to that report:
(k) Where the receiver prepares a report under section 23 or section 24 of the Receiverships Act 1993, the receiver shall make that report available for public inspection at the offices and libraries of the relevant local authority and shall make copies of any such report available to the public free of charge or at a reasonable charge:
(l) Section 26(1) of the Receiverships Act 1993 shall apply as if it required the receiver to send a copy of every report prepared under section 23 or section 24 of the Receiverships Act 1993 to the Secretary, the Controller and Auditor-General, and the Parliamentary Library:
(m) The obligation imposed on a receiver by section 28 of the Receiverships Act 1993 to report any offence that the receiver considers has been committed against any of the Acts specified in that section shall include, in addition, an obligation to report any offence that the receiver considers has been committed against this Act or the Local Authorities (Members' Interests) Act 1968:
(n) Section 30(2)(b) of the Receiverships Act 1993 shall apply only to those preferential claims that are applicable to the local authority:
(o) Section 30(4) of the Receiverships Act 1993 shall not apply:
(p) Section 31 of the Receiverships Act 1993 shall not apply:
(q) Where a Commissioner of a local authority is or has been appointed under Part 43A or section 721 of this Act or a Commission has been appointed under Part 43B of this Act (either before or after the appointment of a receiver in respect of some or all of the assets or special rates of that local authority under subsection (1) or subsection (2) of section 122ZL of this Act), the High Court may order that any receiver so appointed shall not, until the High Court so orders, exercise any of the rights, powers, and duties of a receiver:
(r) Sections 34(3), 35(2), and 37(1) of the Receiverships Act 1993 shall apply as if the Secretary and the Controller and Auditor-General were specified in those sections as persons entitled to make applications under those sections:
(s) Section 41 of the Receiverships Act 1993 shall not apply:
(t) Copies of the documents required by sections 8(3), 11(4), 28(1), and 29(1) of the Receiverships Act 1993 to be sent to the Registrar (within the meaning of that Act) shall be sent to the Secretary and to the Controller and Auditor-General.
(3) Where the assets subject to a charge to which this section applies comprise rates or other revenues then, for the purposes of this section, from the date of the appointment of the receiver and until such time as the appointment terminates,—
(a) The rates or other revenues so charged shall vest in the receiver and shall cease to be vested in the local authority; and
(b) All powers necessary for the recovery of the rates or other revenues shall cease to be exercised by the local authority and shall be conferred on and may be exercised by the receiver.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZN Constraints on receiver
-
[Repealed]
(1) Notwithstanding anything in this Part of this Act or in any instrument providing for or governing the appointment of a receiver, a receiver of any asset of a local authority shall ensure that no action of the receiver prevents the provision of those services of the local authority that are essential for the maintenance of public health and safety requirements.
(2) For the purposes of this section,—
-
(a) An action of a receiver shall be deemed not to prevent provision of the services specified in subsection (1) of this section unless—
(i) That action necessarily results in that outcome; and
(ii) The outcome is not more fairly attributable to the act, or omission to act, of persons outside the control of the receiver; and
(b) The term receiver includes both a receiver and a manager and includes, where persons are appointed jointly or severally as receivers and managers or both jointly and severally as receivers or managers, each of those persons.
(3) A receiver shall distribute the proceeds of collection of the money and assets the receiver is entitled to collect in the following order of priority:
(a) First, the receiver's remuneration, and costs incurred by the receiver and reimbursement of the costs of obtaining appointment of the receiver to any person who has incurred them:
(b) Secondly, any amounts payable in respect of claims by law to be preferred to claims under any charge over those assets:
(c) Thirdly, any amounts required to be paid out of the proceeds of collection of the money and assets to enable the receiver to provide those services specified in subsection (1) of this section:
(d) Fourthly, the amounts secured by any charges over those assets in the order of priority accorded those charges, so as to preserve the respective entitlements of the holders of those charges:
(e) Fifthly, if the receiver was appointed on the application of an unsecured creditor or unsecured creditors, to those creditors or, as the Court may direct, any amounts payable to them,—
and any residue shall be paid to or applied for the benefit of the local authority, as it may direct.
(4) A receiver appointed under section 122ZL(1) or section 122ZL(2) of this Act, in exercising any powers (including those of a manager), shall not be entitled to control, dispose of, or otherwise interfere with the local authority's ability to exercise or perform its rights, powers, and duties in relation to assets not charged in favour of the appointor of a receiver.
(5) Subject to subsection (6) of this section, where any land vested in a local authority is—
(a) A reserve under the Reserves Act 1977; or
(b) Land over which the local authority has no power of disposition; or
(c) Land in respect of which the local authority's power of disposition is conditional,—
the power of disposition that a receiver of that local authority has in respect of that land is, where—
(d) That receiver is a receiver appointed by a Court under section 122ZL(2) of this Act; or
(e) The receiver's powers are conferred by a charge that contravenes section 122ZE(4) of this Act,—
limited to a power of disposition by way of lease or licence for a term or terms not exceeding in the aggregate 9 years.
(6) The powers of disposition that a receiver of the kind described in paragraph (d) or paragraph (e) of subsection (5) of this section has in respect of any land of the kind described in paragraph (c) of that subsection comprise, in addition to the power specified in that subsection, the same conditional power of disposition as the local authority.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
122ZO Protection for receiver
-
[Repealed]
(1) Subject to subsection (4) of this section, no proceedings shall lie against any receiver of a local authority for breach of section 122ZN(1) of this Act—
(a) By the receiver; or
(b) By any adviser or delegate of the receiver (being an adviser or delegate who has been reasonably selected and reasonably supervised).
(2) Subject to subsection (4) of this section, no proceedings shall lie against any adviser or delegate of any receiver of a local authority for a breach of section 122ZN of this Act other than at the instance of the receiver.
(3) Subject to subsection (4) of this section, a receiver (and any adviser or delegate who has been reasonably selected and reasonably supervised, as the case requires) shall, in respect of any liability relating to the exercise or purported exercise or omission to exercise any right or power of the receiver by the receiver or the adviser of the receiver or the delegate of the receiver, be indemnified—
(a) By the local authority, in the case of a receiver appointed by the High Court under section 122ZL(2) of this Act:
(b) Out of the assets subject to receivership, in the case of any other receiver but subject to any contrary terms of appointment.
(4) No person shall be exempted from liability under subsection (1) of this section, or indemnified under subsection (3) of this section for any act or omission to act which constitutes bad faith or gross negligence on the part of such person.
(5) Nothing in this section limits or affects the provisions of sections 19 and 20 of the Receiverships Act 1993.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Miscellaneous provisions
122ZP Loans not guaranteed by Crown
-
[Repealed]
(1) No loan raised by a local authority nor any incidental arrangement shall be guaranteed by the Crown unless expressly authorised pursuant to section 59 of the Public Finance Act 1989.
(2) Unless expressly authorised pursuant to the Public Finance Act 1989, no liability in respect of any local authority loan or any incidental arrangement shall attach to or be paid out of the public revenues of New Zealand.
(3) Where a local authority issues a prospectus under the Securities Act 1978, that prospectus shall (unless the securities being offered pursuant to the prospectus are expressly guaranteed by the Crown pursuant to the Public Finance Act 1989) contain a statement to the effect that the securities being offered pursuant to the prospectus are not guaranteed by the Crown.
Compare: 1956 No 63 s 105
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZQ Assimilation of existing stock with new stock
-
[Repealed]
Any local authority that wishes to confer on its loan creditors or any specified class of creditor the benefit of a charge over rates or other revenue to rank pari passu with charges created over such assets for the benefit of holders of its debentures or any class of its debentures at the date of commencement of this Part of this Act, shall ensure that any instrument containing such a charge contains provisions concerning the appointment of a receiver and other terms and conditions which extend to benefit the holders of that existing debenture stock without prejudice to the rights of such existing holders.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZR Provisions relating to sinking funds
-
[Repealed]
(1) Where a local authority has established a sinking fund to provide for the repayment of any loan, and it repurchases and cancels or redeems or otherwise repays in part any loan in respect of which the sinking fund is held before its stated maturity, the local authority may, with the consent in writing of the Audit Office, require the release to the local authority of such amount of the sinking fund as will leave it (with probable accumulations of interest) sufficient to repay the balance of the loan at maturity.
(2) Where a local authority has established a sinking fund for the repayment of any loan, the local authority may, if consent is given in accordance with subsection (2A), require the release to the local authority within 4 months of such notice of all amounts standing to the credit of that sinking fund or the transfer of the securities in which such amounts are invested.
(2A) Consent is given in accordance with this subsection if—
(a) Consent is given in writing; and
(b) Consent is given by the Commissioners of the sinking fund; and
-
(c) Consent is given by—
(i) The creditor of the relevant loan; or
-
(ii) Where there are 2 or more creditors of the relevant loan,—
(A) All creditors of the relevant loan; or
(B) Some creditors of the relevant loan, if the sinking fund is sufficient to repay the balance of the loan on maturity in respect of amounts owed to creditors who do not consent.
(3) Before a local authority makes a request for the release of a sinking fund pursuant to subsection (2) of this section, it shall ensure that the local authority will have available, in easily realisable funds, such amounts as may be required to repay the principal or interest of the loan when the principal or interest becomes payable.
(4) In the case of any appointment of Public Trust or the Board of Trustees of the National Provident Fund (referred to in this subsection as
“the retiring Commissioner”
) as sole Commissioner of the sinking fund of any loan in respect of which a local authority is liable, then notwithstanding any other enactment, any rule of law, or the terms of the appointment,—(a) The retiring Commissioner may, with the consent of the Governor-General in Council and of the proposed replacement Commissioner, revoke that appointment and appoint any person otherwise entitled to be a Commissioner in the retiring Commissioner's place; and
(b) The retiring Commissioner shall, forthwith after the revocation of the retiring Commissioner's appointment, transfer the money or assets representing the sinking fund to the replacement Commissioner; and
(c) No liability shall be incurred by the retiring Commissioner in respect of any sinking fund after completion of the transfer of the money or assets representing that fund.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Subsection (1) was amended, as from 10 September 1999, by section 3(1) Local Government Amendment (No 4) Act 1999 (1999 No 108) by omitting the words
“repays any loan”
and substituting the words“repays in part any loan”
.Subsection (2) was amended, as from 10 September 1999, by section 3(2) Local Government Amendment (No 4) Act 1999 (1999 No 108) by omitting the words
“with the consent in writing of the Commissioners for the sinking fund and the creditor, or person acting on behalf of the creditor, of the relevant loan”
, and substituting the words“if consent is given in accordance with subsection (2A)”
.Subsection (2A) was inserted, as from 10 September 1999, by section 3(3) Local Government Amendment (No 4) Act 1999 (1999 No 108).
Subsection (4) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words
“Public Trust”
for the words“the Public Trustee”
. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).Section 122ZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZS Conversion of existing loans
-
[Repealed]
For the avoidance of doubt, local authorities and lenders may agree to apply the provisions of this Part of this Act to loans raised before the enactment of this Part of this Act.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
122ZT Preservation of existing status
-
[Repealed]
Nothing in this Part of this Act shall be construed to affect the validity or invalidity of any act, matter, or thing which occurred before the commencement of this Part of this Act.
Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.
Section 122ZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 8
Assessments of united councils
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
123 Constituent authorities to meet expenditure
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (2) was amended, as from 20 November 1981, by section 7 Local Government Amendment Act (No 2) 1981 (1981 No 111) by substituting the expression
“261”
for the expression“623”
.Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
124 Valuation equalisation
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
125 Alterations to apportionment of expenditure
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 19 January 1981, by section 13(a) Local Government Amendment Act 1980 (1980 No 82) by inserting the words
“within the period beginning with the 2nd day of March and ending with the 31st day of August in any year”
. Section 13(b) of that Act inserted the words“with effect on and after the 1st day of March next following the date of the resolution”
.Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
125A Objections as to alterations to apportionment of expenditure
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (5) was amended, as from 19 January 1981, by section 14(1) Local Government Amendment Act 1980 (1980 No 82) by substituting the words
“after the date of the decision, but in any case not later than the 1st day of February next following the date of the decision”
for the words“after the passing of the resolution”
.Subsection (6) was substituted, as from 19 January 1981, by section 14(2) Local Government Amendment Act 1980 (1980 No 82).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
126 Assessment of contributions
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
127 Jurisdiction of Magistrate's Court
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
128 Production of documents to be evidence
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
129 Payment of assessments
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
130 Powers of constituent authorities and other territorial authorities in respect of payments
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
131 Powers of united council to recover contributions in case of default
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
132 United councils not to have rating powers
-
[Repealed]
Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 9
Rates and charges
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
133 Levying and recovery of rates where property situated in region or out-district
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 14 January 1983, by section 6 Local Government Amendment Act (No 2) 1982 (1982 No 166), by inserting the definition if the term
“system of rating”
.Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
134 Determination of rating system
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
135 Regional general rate
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
136 Territorial authority general rates
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (3) was inserted, as from 14 January 1983, by section 7 Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
137 Levying of territorial authority general rate where ward accounts kept
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
138 Territorial authority may cease to make and levy general rates separately in each ward
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (3) was amended, as from 18 January 1981, by section 15 Local Government Amendment Act 1980 (1980 No 82), by omitting the words
“kept pursuant to section 202 of this Act”
.Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
139 Community general rate
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1A) was inserted, as from 14 January 1983, by section 8(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Subsection (2) was amended, as from 14 January 1983, by section 8(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words
“and any uniform general charge is made and levied under section 157A of this Act in respect of the rateable properties in the community only”
.Subsection (3) was amended, as from 14 January 1983, by section 8(3) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words
“and any uniform general charge made and levied under section 157A of this Act in respect of the rateable properties in the community only”
.Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
140 Regional works and services rates
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
141 Exercise of rating and levying powers of other authorities
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
142 Works and services rates
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 29 March 1985, by section 12(1) Local Government Amendment Act 1985 (1985 No 60), by inserting the words
“as a separate rate”
.Subsection (2) was amended, as from 29 March 1985, by section 12(2) Local Government Amendment Act 1985 (1985 No 60), by substituting the words
“another separate rate”
for the words“a separate rate”
.Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
143 Separate rates
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Paragraph (1)(a) was substituted, as from 18 January 1981, by section 16(1) Local Government Amendment Act 1980 (1980 No 82).
Subparagraphs (1)(b)(i) and (1)(b)(ii) were amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words
“Part 29 of this Act”
for the words“Part 16 of the Counties Act 1956”
.Subsection (1)(g) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words
“section 657 of this Act”
for the words“section 368 of the Counties Act 1956”
.Paragraph (1)(h) was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Paragraph (1)(k) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words
“Part 25 of this Act”
for the words“Part 3 of the Counties Amendment Act 1961”
.Subsection (1A) was inserted, as from 29 March 1985, by section 13 Local Government Amendment Act 1985 (1985 No 60).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
144 Community improvement and development rates
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsections (1) and (2) were amended. as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words
“section 668”
and“section 669”
for the words“section 630”
and“section 631”
respectively.Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
145 Territorial authority may exempt farm lands in community from improvement and development rates
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Paragraph (1)(c) was amended, as from 18 January 1981, by section 17 Local Government Amendment Act 1980 (1980 No 82), by substituting the words
“carried out under section 668”
for the former words.Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
Rating methods
146 Interpretation
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
147 Differential rates
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 147 was substituted, as from 18 January 1981, by section 18 Local Government Amendment Act 1980 (1980 No 82).
Paragraph (2)(b) was inserted, as from 14 January 1983, by section 9(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Subsection (3) was amended, as from 14 January 1983, by section 9(2) and 9(2)(b) Local Government Amendment Act (No 2) 1982 (1982 No 166), by substituting the words
“paragraph (b) or paragraph (ba) of subsection (2)”
and“, proposed district scheme, or proposed new district scheme, as the case may be”
for the former words.Subsection (3A) was inserted, as from 14 March 1983, by section 9(3) Local Government Act (No 2) 1982.
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
147A Introduction of differential rating
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 147A was substituted, as from 18 January 1981, by section 18 Local Government Amendment Act 1980 (1980 No 82).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
148 Alteration to system of differential rating
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 148 was substituted, as from 18 January 1981, by section 18 Local Government Amendment Act 1980 (1980 No 82).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
148A Alteration to system of differential rating
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 148A was substituted, as from 18 January 1981, by section 18 Local Government Amendment Act 1980 (1980 No 82).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
149 Revocation of differential rating
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsections (3) and (4) were inserted, as from 18 January 1981, by section 20 Local Government Amendment Act 1980 (1980 No 82).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
150 Notice to Valuer-General
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
151 Levying of differential rate
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended. as from 18 January 1981, by section 21 Local Government Amendment Act 1980 (1980 No 82), by substituting the words
“different types or groups of property”
for the former words.Subsection (3) was amended, as from 1 April 1978, by section 3(6)(c) Local Government Amendment Act 1978 (1978 No 43), by substituting the words
“all separately rateable property”
for the words“any separately rateable property”
in each case where they occur.Subsection (4) was substituted and (4A) was inserted, as from 13 January 1984, by section 6(1) Local Government Amendment Act 1983 (1983 No 132).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
152 Application of proceeds of differential rate
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
153 Rating on a graduated scale
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 153 was amended, as from 1 April 1980, by Local Government Amendment 1979 (1979 No 59), by omitting words.
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
154 Land drainage or water-race rating on area system
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
155 Appeal against operation of area system
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
156 Classification for the purposes of area rate
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
157 Fire protection rate on value of improvements
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
157A Uniform annual general charge
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 157A and 157B were inserted, as from 14 January 1983, by section 10(1) Local Government Act (no. 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
157B Reduction or cancellation of uniform annual general charge
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 157A and 157B were inserted, as from 14 January 1983, by section 10(1) Local Government Act (no. 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
157C Uniform annual general charges on properties only partly in district
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 157C was inserted, as from 13 January 1984, by section 7(1) Local Government Amendment Act 1983 (1983 No 132).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
158 Water charges
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1A) was inserted, as from 18 January 1981, by section 22 Local Government Amendment Act 1980 (1980 No 82).
Subsection (1B) was inserted, as from 13 January 1984, by section 8(1) Local Government Amendment Act 1983 (1983 No 132).
Subsection (1C) was inserted, as from 29 March 1985, by section 14 Local Government Amendment Act 1985 (1985 No 60).
Subsection (3) was amended, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by omitting the words
“and those charges shall be paid at such times as the territorial authority directs”
.Subsection (6) was inserted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
159 Provisions as to water meters
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
160 Water-race charge
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was substituted, as from 18 January 1981, by section 23(1) Local Government Amendment Act 1980 (1980 No 82).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
161 Owner granting land for water race may have water free of charge or at reduced charge
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
162 Sewerage and stormwater drainage charges
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (2A) was inserted, as from 29 March 1985, by section 15 Local Government Amendment Act 1985 (1985 No 60).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
163 Refuse charges
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1A) was inserted, as from 13 January 1984, by section 9(1) Local Government Amendment Act 1983 (1983 No 132).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164 Fire protection charges
-
[Repealed]
Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164A Territorial authority may levy uniform annual charge instead of rates for certain purpose
-
[Repealed]
Section 164A was inserted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Section 164A was substituted, as from 18 January 1981, by section 24(1) Local Government Amendment Act 1980 (1980 No 82).
Subsections (3) and (4) were inserted, as from 13 January 1984, by section 10(1) Local Government Amendment Act 1983 (1983 No 132).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164AA Annual charges on properties in common occupation
-
[Repealed]
Section 164AA was inserted, as from 13 January 1984, by section 11(1) Local Government Amendment Act 1983 (1983 No 132).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
Lump sum contribution to capital cost of works
164B Interpretation
-
[Repealed]
Section 164B and the heading
“Lump Sum Contribution to Capital Cost of Works”
were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164C Territorial authority may resolve to seek lump sum contributions from ratepayers
-
[Repealed]
Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164D Preparation of cost estimates and calculation of contributions and rates or charges relating to works
-
[Repealed]
Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164E Right to make lump sum contribution
-
[Repealed]
Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164F Notification to ratepayer of right to make election
-
[Repealed]
Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164G Effect of election to make a lump sum contribution
-
[Repealed]
Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164H Payment of lump sum contributions
-
[Repealed]
Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164I Recalculation of lump sum contributions on completion of work
-
[Repealed]
Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164J Refund of or increase in lump sum contribution
-
[Repealed]
Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
164K Lump sum contribution deemed to be separate rate
-
[Repealed]
Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
Part 10
Miscellaneous financial provisions
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
165 Interpretation
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
166 Minimum rates
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
167 Charges deemed to be rates
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
A proviso to section 167 was repealed, as from 18 January 1981, by section 25 Local Government Amendment Act 1980 (1980 No 82).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
168 In default of payment of water rates or charges supply may be stopped
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 168 was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by inserting the words
“or water-race rate”
.Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
169 Adjusted valuation
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 1 April 1979, by section 3(6)(e) Local Government Amendment Act 1978 (1978 No 43).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
170 Adoption of different rating system in community
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
171 Deduction from proceeds of separate rate of cost of making and levying rate, etc
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
172 Separate rate may be made an annually recurring rate
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
173 Certain separate rates payable in full or in for proportionate part of year in certain circumstances
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
174 Consolidation of special rates
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
175 Consolidation of rates
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (7) was inserted, as from 14 January 1983, by section 13 Local Government Amendment Act (No 2) 1982 (1982 No 166).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
176 Application of surplus of certain rates and contributions
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).
177 Unauthorised expenditure
178 Special provisions as to County of Chatham Islands
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 178 was repealed, as from 22 December 1980, by section 14(3) Chatham Islands County Council Empowering Act 1980 (Local) and section 209(1) Rating Powers Act 1988 (1988 No 97).
Timber levy
179 Levy on timber
-
[Repealed]
(1) In respect of standing trees cut in any district that is under the jurisdiction of a territorial authority and converted from the log into sawn timber, there shall be payable in each financial year to the territorial authority for that district a levy on timber so converted in that year of such amount as is fixed by the territorial authority but not exceeding 1.8 cents per cubic metre.
(2) The levy shall be recoverable by the territorial authority as a debt due to it from the miller of the timber at such times and in such manner as the territorial authority directs.
(3) The territorial authority may require any such miller to furnish returns of timber converted by him, in such form and containing such particulars as the territorial authority directs. Every miller who fails to make any such return when requested commits an offence against this Act.
(4) The levy imposed by this section shall be payable only in respect of sawn timber from indigenous trees that have not been planted.
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 179 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Borrowing
180 Security for loans
-
[Repealed]
Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsections (2) to (4) were repealed, as from 1 July 1992, by section 17 Local Government Amendment Act 1992 (1992 No 42).
Section 180 was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Part 11
Local authorities fuel tax
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 11 heading: amended, on 1 October 2008, by section 4 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
181 Interpretation
-
(1) In this Part of this Act—
Component authority means a territorial authority
Component authority: a proviso was omitted, as from 16 December 1989, by section 23 Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27).
Component authority: substituted, as from 1 July 1992, by section 18 Local Government Amendment Act 1992 (1992 No 42).
Component district means the district of a component authority
Component district: substituted, as from 1 July 1992, by section 18 Local Government Amendment Act 1992 (1992 No 42).
Distribution authority means the territorial authority in each tax area whose name is for the time being distinguished by the letter
“D”
in that part of the second column of Schedule 7 to this Act which relates to that tax areaDistribution authority: substituted, as from 1 July 1992, by section 18 Local Government Amendment Act 1992 (1992 No 42).
engine fuel has the meaning given by section 1B of the Energy (Fuels, Levies, and References) Act 1989
specified engine fuel—
-
(a) means,—
-
(i) if no Order in Council is in force under subparagraph (ii), engine fuel specified in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996) as a type of—
(A) motor spirit; or
(B) diesel (including blends of diesel and kerosene); or
(C) biodiesel; or
(D) ethyl alcohol specified under the heading Fuels in Part A or B of the Excise and Excise-equivalent Duties Table (as so defined); or
(ii) that part of engine fuel specified in the Excise and Excise-equivalent Duties Table (as so defined) and prescribed by an Order in Council made under section 199A; but
-
-
(b) excludes—
(i) engine fuel supplied for use in the generation of electricity, or the manufacture of gas, for public use at any electric-power station or gas works; or
(ii) engine fuel supplied for use as fuel for any commercial ship within the meaning of section 2(1) of the Maritime Transport Act 1994; or
(iii) engine fuel used in the manufacture of refined petroleum products at any refinery.
Tax area means a tax area under this Part of this Act
wholesale distributor means a person who, whether exclusively or not,—
(a) engages in the sale of engine fuel by wholesale; or
(b) sells engine fuel to a retailer; or
(c) manufactures or produces engine fuel within New Zealand.
(2) For the purposes of this section, the part of engine fuel that is motor spirit, diesel, biodiesel, or ethyl alcohol remains so whether or not it is blended with anything else.
Compare: 1970 No 134 s 2; 1973 No 71 s 2; 1974 No 66 s 138
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 181(1) engine fuel: inserted, on 1 October 2008, by section 5(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(1) petroleum: repealed, on 1 October 2008, by section 5(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(1) specified engine fuel: inserted, on 1 October 2008, by section 5(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(1) specified engine fuel paragraph (a): substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).
Section 181(1) wholesale distributor: substituted, on 1 October 2008, by section 5(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(2): added, on 1 October 2008, by section 5(4) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
-
182 Application of this Part
-
(1) Unless the Governor-General by Order in Council determines otherwise, a local authorities fuel tax in accordance with this Part may be levied and collected by the Crown, and is payable on any specified engine fuel purchased in New Zealand.
(2) This Part of this Act shall not apply in the Chatham Islands, or to specified engine fuel sold, or agreed to be sold, or disposed of, for delivery within the Chatham Islands or used there by any wholesale distributor.
Compare: 1970 No 134 s 3
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 182(1): substituted, on 1 October 2008, by section 6(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 182(2): substituted, on 1 October 2008, by section 6(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
183 Tax areas for purposes of tax
-
(1) The tax areas shall be those named in the first column of Schedule 7 to this Act, and the component districts of each such tax area shall be those specified in the second column of the said Schedule opposite the name of the tax area.
(2) If at any time the boundaries of the district of a territorial authority comprised in any tax area are altered, the alteration shall have effect with respect to the tax area, and the boundaries of the tax area shall be deemed to be altered accordingly.
Part 11 (comprising sections 181 to 200) was inserted, as from 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsections (3) and (4) were repealed, as from 10 July 1987, by section 2(1) Local Government Amendment Act 1987 (1987 No 149).
Section 183 was substituted, as from 1 July 1992, by section 19 Local Government Amendment Act 1992 (1992 No 42).
184 Notice of change of distribution authority
-
Where pursuant to this Part of this Act the functions of a distribution authority are transferred from one component authority to another component authority, the component authority to which the functions are transferred shall give notice accordingly to—
(a) Every wholesale distributor at his head office in New Zealand; and
(b) The Secretary.
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
185 Powers of component authorities to levy fuel tax
-
(1) There may from time to time, on behalf of the component authorities of any tax area, be levied in accordance with this Part of this Act a tax, to be called the local authorities fuel tax, on all specified engine fuel that, on or after the date on which the tax becomes effective, is—
(a) Delivered within the tax area by or on behalf of any wholesale distributor pursuant to any sale, agreement to sell, or disposition made by the wholesale distributor before or after the commencement of this Part of this Act, irrespective of where the sale, agreement to sell, or disposition was made; or
(b) Used by any wholesale distributor within the tax area.
(2) Any tax so levied shall be—
(a) At the rates specified in Scale A or in Scale B or in Scale C in Schedule 6 to this Act; and
(b) In respect of each class of specified engine fuel specified in that Schedule, at the rate specified for that class in the scale under which the tax is levied.
(3) Notwithstanding anything in subsection (1) of this section, no local authorities fuel tax shall be levied or payable in respect of any transaction whereby—
(a) Any specified engine fuel is sold or agreed to be sold or disposed of by a wholesale distributor to another wholesale distributor; or
(b) Any specified engine fuel is exported by a wholesale distributor, or is sold or agreed to be sold or disposed of by him for exportation, and is loaded upon the exporting ship or aircraft.
(3A) If any type of diesel is a specified engine fuel, the local authorities fuel tax applies to blends of kerosene and diesel as if they were entirely diesel.
(4) Subject to this Part of this Act, the local authorities petroleum tax being levied immediately before the commencement of this Part of this Act pursuant to the Local Authorities (Petroleum Tax) Act 1970 shall continue to be levied under this Part of this Act, as if the decision to levy the tax had been made under this Part of this Act, until the scale of tax is altered pursuant to section 186 of this Act, and every notice in the form set out in Schedule 3 to the Local Authorities (Petroleum Tax) Act 1970 given by a local authority under section 10(a) of that Act shall continue in force after the commencement of this Part of this Act as if it were a notice given under this Act in the form set out in Schedule 8 to this Act.
(5) Every reference in an enactment or document to the local authorities petroleum tax must, unless the context otherwise requires, be read as a reference to the local authorities fuel tax.
Compare: 1970 No 134 s 4
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 185 heading: amended, on 1 October 2008, by section 7(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(1): amended, on 1 October 2008, by section 7(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(1): amended, on 1 October 2008, by section 7(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(2)(b): amended, on 1 October 2008, by section 7(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(3): amended, on 1 October 2008, by section 7(4) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(3)(a): amended, on 1 October 2008, by section 7(5) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(3)(b): amended, on 1 October 2008, by section 7(5) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(3A): inserted, on 1 October 2008, by section 7(6) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(5): added, on 1 October 2008, by section 7(7) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
186 Alteration of scale of tax
-
(1) The scale of the tax in force in any tax area may from time to time be altered by a determination of a meeting of representatives of all component authorities of the tax area.
(2) [Repealed]
(3) No alteration in the scale of the tax shall be made under subsection (1) of this section to take effect at any time within 12 months after the date of the taking effect of a previous determination under this section.
(4) Each component authority (including the distribution authority) may appoint one of its members to attend as its representative any meeting under subsection (1) of this section.
(5) Every representative so appointed shall be entitled to exercise one vote at the meeting:
Provided that if the population of any component district is 7,500 or more, its representative shall have one additional vote.
(6) Every question at the meeting shall be decided on a majority of the valid votes cast at the meeting.
(7) Subject to this section, the representatives present at the meeting may regulate their own procedure.
(8) Sections 6, 7, and 8 of the Local Authorities (Members' Interests) Act 1968 shall apply with respect to every meeting to which subsection (1) of this section applies as if the meeting were a meeting of members of a committee of a local authority within the meaning of that Act.
(9) Every meeting to which subsection (1) of this section applies shall be deemed for the purposes of the Local Government Official Information and Meetings Act 1987 to be a meeting of a public body within the meaning of that Act, and that Act shall apply accordingly. For the purposes of section 51 of that Act, the office of the distribution authority shall be deemed to be the office of the component authorities.
(10) No alteration in the scale of tax shall be made to take effect on any day other than the first day of a specified month.
Compare: 1970 No 134 ss 7(2), (3), (4), (5), 9, 30, 31; 1974 No 66 s 137
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was substituted, as from 1 July 1992, by section 20(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (2) was repealed, as from 1 July 1992, by section 20(2) Local Government Amendment Act 1992 (1992 No 42).
Subsection (3) was substituted, as from 1 July 1992, by section 20(3) Local Government Amendment Act 1992 (1992 No 42).
The reference to the
“Local Government Official Information and Meetings Act 1987”
and“section 51”
referred to in subsection (9) were substituted, as from 17 July 1987, for references to the“Public Bodies Meetings Act 1962”
and“section 7”
by section 58 Local Government Official Information and Meetings Act 1987 (1987 No 174).
187 Notice of alteration of tax
-
On the making of any alteration to the scale of tax to be levied in any tax area, the principal administrative officer of the distribution authority shall forthwith—
(a) Give public notice, which shall be published in newspapers circulating in the tax area, in the form set out in Schedule 8 to this Act, of the alteration of the tax, of the date on which it becomes effective, and of the tax area to which it applies; and
(b) Send to every wholesale distributor at his head office for New Zealand a notice to the same effect; and
(c) Send to the Secretary of Trade and Industry a notice to the same effect.
Compare: 1970 No 134 s 10
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
188 Functions of distribution authority
-
The functions of a distribution authority shall be—
(a) Of its own motion or at the request of 2 or more component authorities of the tax area, to convene such meetings as may be required for the purposes of section 186 of this Act:
(b) To collect and distribute the proceeds of the tax within the tax area in accordance with section 198 of this Act:
(c) To provide such administrative, secretarial, and accounting services as are necessary for the purpose of this section:
Compare: 1970 No 134 ss 17, 18
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
The proviso to section 188 was repealed, as from 1 July 1992, by section 21 Local Government Amendment Act 1992 (1992 No 42).
Collection of tax
189 Returns by wholesale distributors
-
(1) Within 28 days after the end of each accounting month within the meaning of the Motor Spirits Duty Act 1961, every wholesale distributor shall send to the principal administrative officer of the distribution authority of every tax area in which a local authorities fuel tax is for the time being in force a return (hereafter referred to as the monthly return) in the prescribed form setting forth—
(a) The quantity of each class of specified engine fuel delivered within the tax area by him or on his behalf pursuant to any sale, agreement to sell, or disposition to which section 185 of this Act applies, or used by him within the tax area, during that accounting month; and
(b) The amount of local authorities fuel tax payable on each such quantity; and
(c) Such other particulars (if any) as may be prescribed.
(2) Every wholesale distributor who fails to send to any such principal administrative officer as aforesaid any monthly return required by this section commits an offence against this Act.
Compare: 1970 No 134 s 20
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 189(1): amended, on 1 October 2008, by section 8(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 189(1)(a): amended, on 1 October 2008, by section 8(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 189(1)(b): amended, on 1 October 2008, by section 8(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
190 Assessment of tax
-
(1) The monthly return under section 189 of this Act may be accepted by the principal administrative officer as sufficient proof of the matters set forth in them, and the local authorities fuel tax may be assessed by the principal administrative officer accordingly.
(2) For the purposes of this Part of this Act, the Auditor-General has, in respect of the records of wholesale distributors relating to specified engine fuel sold, agreed to be sold, disposed of, delivered, or used by the local authority, the same powers as it has under the Public Audit Act 2001.
(3) After any such inspection or examination as aforesaid, the Audit Office may require the principal administrative officer of the distribution authority of any tax area in which a local authorities fuel tax is in force to make any assessment or amended assessment for the purpose of this Part, and it shall be the duty of the principal administrative officer to comply with that requirement.
Compare: 1970 No 134 s 21
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 190(1): amended, on 1 October 2008, by section 9(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Subsection (2) was substituted, as from 1 July 2001, by section 46 Public Audit Act 2001 (2001 No 10).
Section 190(2): amended, on 1 October 2008, by section 9(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 190(3): amended, on 1 October 2008, by section 9(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
191 Assessment presumed to be correct
-
Every assessment made by the principal administrative officer under this Part of this Act shall be taken to be correct, and the tax shall be payable accordingly, unless, on an appeal under section 192 of this Act or in proceedings taken under this Act in a Court of competent jurisdiction, a different amount is proved to be the tax payable on the specified engine fuel, or it is proved that no tax is payable, as the case may be.
Compare: 1970 No 134 s 22
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 191: amended, on 1 October 2008, by section 10 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
192 Appeal against assessment
-
(1) Within 14 days after a demand for the tax is made by the principal administrative officer in accordance with his assessment, the wholesale distributor may appeal to a District Court, by way of originating application, against the assessment.
(2) On the hearing of the appeal, the Court, whose decision shall be final, may confirm or amend the assessment made by the principal administrative officer.
Compare: 1970 No 134 s 23
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
In subsection (1) the words
“District Court”
were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
193 Tax recoverable as a debt
-
(1) Any local authorities fuel tax payable on any specified engine fuel shall, immediately on the delivery of the specified engine fuel within the tax area, or on its use in the tax area by the wholesale distributor, constitute a debt owing to the distribution authority of the tax area by the wholesale distributor, and be recoverable accordingly.
(2) Subject to this Part of this Act, any such debt in respect of any local authorities fuel tax for any accounting month shall become payable by the wholesale distributor on the 20th day of the calendar month following that in which the monthly return for the accounting month is required by section 189 of this Act to be sent to the principal administrative officer, whether or not the return is so sent.
(3) The right to recover any tax as a debt under this section shall not be affected by the fact that no proper assessment of the tax has been made in due course under this Part of this Act, or that a deficient assessment of the tax has been made.
Compare: 1970 No 134 s 24
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 193(1): amended, on 1 October 2008, by section 11(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 193(1): amended, on 1 October 2008, by section 11(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 193(2): amended, on 1 October 2008, by section 11(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
194 Penalty for late payment of tax
-
Notwithstanding the provisions of this Part of this Act, if any local authorities fuel tax that has become payable remains unpaid after the date on which it became payable under section 193 of this Act, 10 percent of the amount of the tax unpaid shall be added to it by way of additional tax, and shall be payable accordingly:
Provided that a meeting of representatives of the component authorities, held in accordance with section 186 of this Act, may in any particular case, for reasons which in its discretion it thinks sufficient, remit the whole or any part of the additional tax payable.
Compare: 1970 No 134 s 25
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 194: amended, on 1 October 2008, by section 12 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Application of proceeds of tax
195 Separate bank account to be kept by distribution authority
-
(1) All money received by the distribution authority of any tax area pursuant to this Part of this Act shall be paid into the bank at which the distribution authority keeps its general funds, to the credit of a separate account to be called
“The [Name of tax area] Local Authorities Fuel Tax Account”
.(2) The provisions of this Act as to the manner in which money may be paid from its bank accounts shall apply with respect to payments made from the said account.
Compare: 1970 No 134 s 26
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 195(1): amended, on 1 October 2008, by section 13 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
196 Accounts to be kept in accordance with requirements of Audit Office
-
(1) The distribution authority of every tax area shall keep such accounts, and keep them in such manner, as may be directed by the Audit Office in respect of the collection, application, or distribution of the proceeds of any local authorities fuel tax levied in the tax area.
(2) The decision of the Audit Office as to whether or not any expenditure is properly chargeable against any such account shall be final.
Compare: 1970 No 134 s 27
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 196(1): amended, on 1 October 2008, by section 14 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
197 Transfer by distribution authority of authorised cost of services
-
(1) The distribution authority of any tax area may from time to time transfer to its general revenues from the Local Authorities Fuel Tax Account all reasonable costs and expenses incurred by it in or about the levying, collection, recovery, application, and distribution of any local authorities fuel tax in the tax area, and a reasonable remuneration for clerical and other work done in the administration of this Part of this Act within the tax area.
(2) If any dispute arises as to any amount transferred under subsection (1) of this section, or to be transferred or otherwise in relation thereto, it shall be decided by the Audit Office, whose decision shall be final.
(3) Except as provided in this Part of this Act, it shall not be lawful for the distribution authority to transfer any money from the Local Authorities Fuel Tax Account to any other account.
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 197 was substituted, as from 1 July 1992, by section 22 Local Government Amendment Act 1992 (1992 No 42).
Section 197(1): amended, on 1 October 2008, by section 15(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 197(1): amended, on 1 October 2008, by section 15(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 197(3): amended, on 1 October 2008, by section 15(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
198 Distribution of proceeds
-
(1) Subject to this Part of this Act, the proceeds of the tax in a tax area in any year shall be distributed by the distribution authority among the component authorities of the tax area (including the distribution authority) according to the proportion which the total rate revenue of each such component authority for the immediately preceding financial year bears to the total rate revenue of all the component authorities for that preceding financial year.
(2) For the purposes of this section, the expression rate revenue, in relation to any component authority, means all rates, and all charges and fees deemed under any enactment to be rates set and assessed by that component authority on its own behalf.
(3) Nothing in this section shall be deemed to prevent a region or district forming part of 2 or more tax areas.
(4) Any money paid to any component authority under this section shall form part of the general revenues of that component authority.
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (2)(a)(i) was amended, as from 18 January 1981, by section 26(1) Local Government Amendment Act 1980 (1980 No 82), by inserting the words
“or levied on its behalf under section 133 of this Act,”
.Subsection (2)(c) was inserted, as from 18 January 1980, by section 26(2) Local Government Amendment Act 1980 (1980 No 82).
Section 198 was substituted, as from 16 December 1989, by section 24(1) Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27).
Subsection (2) was substituted, as from 1 July 1992, by section 23 Local Government Amendment Act 1992 (1992 No 42).
Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“set and assessed”
for the words“made and levied”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
199 Effect on agreements of imposition or alteration of tax
-
For the purposes of this Act, section 159 of the Customs Act 1966, so far as it is applicable and with all necessary modifications, shall apply to agreements for the sale of specified engine fuel as if the local authorities fuel tax were duty within the meaning of that Act, and as if the imposition or alteration of the tax were an alteration to which that section applies.
Compare: 1970 No 134 s 33
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 199: amended, on 1 October 2008, by section 16(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 199: amended, on 1 October 2008, by section 16(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
199A Order in Council prescribing local authorities fuel tax
-
(1) The Governor-General may, by Order in Council,—
(a) specify the engine fuels set out in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996) to be specified engine fuel for the purposes of this Act; and
(b) prescribe the scale rates for specified engine fuel.
(2) The scale rates of the local authorities fuel tax prescribed by an Order in Council under subsection (1)(b) may not exceed the rate of the local authorities fuel tax scale rates set out in Schedule 6 for any class of engine fuel—
(a) for which the specified engine fuel is a functional substitute; or
(b) with which the specified engine fuel is commonly blended.
(3) Subsection (2) overrides subsection (1).
Section 199A: inserted, on 1 October 2008, by section 17 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 199A(1)(a): substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).
200 Regulations in respect of local authorities fuel tax
-
Without limiting the power to make regulations conferred by section 723 of this Act, regulations may be made under that section for all or any of the following purposes:
(a) Prescribing such forms, returns, and notices as may be necessary for any purpose under this Part of this Act:
(b) Prescribing matters to be included in any returns to be made or accounts or records to be kept by wholesale distributors or other persons for any purpose under this Part of this Act:
(c) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part of this Act and for its due administration.
Compare: 1970 No 134 s 34
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 200 heading: amended, on 1 October 2008, by section 18 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
This section was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words
“section 723 of this Act, regulations may be made under that section”
for the words“section 639 of this Act or by section 410 of the Municipal Corporations Act 1954 or section 449 of the Countries Act 1956, regulations may be made under the said section 639”
.
Part 11A
Regional petrol tax
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200A Interpretation
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200B Application of this Part
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200C Power of regional councils to levy regional petrol tax
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words
“Part of this Act”
for the word“section”
.Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200D Regional petrol tax to be notified
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200E Restriction on collection of tax
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200F Application of proceeds of tax
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200G Returns by wholesale distributors
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200H Assessment of tax
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200I Assessment presumed to be correct
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200J Appeal against assessment
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200K Tax recoverable as a debt
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200L Penalty for late payment of tax
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200M Effect on agreements of imposition or alteration of tax
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
200N Accounting month
-
[Repealed]
Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.
Part 12
Accounting documents, special funds, trading undertakings, and expenditure
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
201 Application and interpretation of Part 12
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 201 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
202 Financial records
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 202 was substituted, as from 18 January 1981, by section 27(1) Local Government Amendment Act 1980 (1980 No 82), for the former section 202 and 203.
Paragraphs (2)(d) and (2)(e) were substituted, as from 14 January 1983, by section 14(1) Local Government Amendment Act (No 2) 1982 (1982 No 166), for the former paragraph (d).
Paragraph (7)(e) was amended, as from 14 January 1983, by section 14(2) Local Government Amendment Act (No 2) 1982 (1982 No 166), by inserting the word
“; and”
.Paragraph (7)(f) waw inserted, as from 14 January 1983, by section 14(2) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
203 Allocation of administration costs
204 Inspection of documents by electors and others
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 204 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
205 Payment to and withdrawal from bank accounts
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 205 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
206 Deposit at interest
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 206 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
207 Council may establish Imprest Accounts
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 207 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
208 Council may establish special funds
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 208 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
209 Certain funds deemed to be special funds under this Act
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 209 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
210 Asset renewal charge
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 210 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
211 Application of asset renewal charge
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 211 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
212 Investment of asset renewal charge
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 212 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
213 Power to revoke appointment of Commissioners
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 213 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214 Remuneration of Mayor or Chairman and other members
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 214 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214A Annual allowances to be determined by Higher Salaries Commission
-
[Repealed]
Section 214A was inserted, as from 20 November 1981, by section 8 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 214A was substituted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214A was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214B Annual allowances and remuneration to be determined by Minister following determination by Higher Salaries Commission
-
[Repealed]
Section 214B was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214B was substituted, as from 14 August 1986, by section 7 Local Government Amendment Act (No 3) 1986 (1986 No 50).
Section 214B was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214C Alteration to annual allowances or remuneration of Chairmen, Deputy Chairmen, chairmen of standing or special committees, and other members of local authorities
-
[Repealed]
Section 214C was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214C was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214D Payment of annual allowances and remuneration
-
[Repealed]
Section 214D was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214D was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214E Attendance at certain conferences and meetings to be remunerated
-
[Repealed]
Section 214E was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214E was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214F Remuneration of persons who are neither members nor employees of local authority
-
[Repealed]
Section 214F was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214F was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214G Annual allowances and remuneration not payable in certain circumstances
-
[Repealed]
Section 214G was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214G was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214H Annual allowance of Chairman of district community council
-
[Repealed]
Section 214H was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214H was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214I Remuneration of Chairman and other members of community council
-
[Repealed]
Section 214I was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214I was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214J Annual allowance or remuneration payable to existing office holder not to be reduced
-
[Repealed]
Section 214J was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214J was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214K Reduction of annual allowance where full term not served
-
[Repealed]
Section 214K was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214K was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214L Officer holder may decline to accept annual allowance or remuneration
-
[Repealed]
Section 214L was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214L was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
214M Fund from which allowances and remuneration to be paid
-
[Repealed]
Section 214M was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).
Section 214M was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
215 Travelling expenses of members
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 215 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
216 Travelling expenses of members attending conferences
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (2) was substituted, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).
Section 216 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
217 Expenses of members of district community councils and community councils
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 217 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
218 Use of transport facilities by members
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 218 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).
219 Miscellaneous expenditure
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Paragraph (k) was inserted, as from 30 March 1985, by section 19 Local Government Amendment Act 1985 (1985 No 60).
Section 219 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
220 Government not liable for district debts
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 220 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
221 Rates of interest
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 221 was substituted, as from 18 January 1981, by section 29(1) Local Government Amendment Act 1980 (1980 No 82).
Section 221 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
222 Offences by employees with respect to money or accounts
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
223 Regulations as to collection of and accounting for money
-
[Repealed]
Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 223 was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words
“section 723 of this Act”
and“that section”
for the former words.Paragraph (d) was substituted, as from 18 January 1981, by section 30 Local Government Amendment Act 1980 (1980 No 82).
Paragraph (e) was substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Section 223 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
223A Preparation of financial statements in certain circumstances
-
[Repealed]
Section 223A was inserted, as from 20 November 1981, by section 10 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 223A was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 12A
Accountability and accounting
Part 12A, comprising sections 223B to 223L, was inserted, as from 1 July 1990 (except for section 223C which was inserted as from 1 November 1989), by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
223B Commencement
-
[Repealed]
Except as provided in section 223C(2) of this Act, this Part of this Act shall come into force on the 1st day of July 1990.
Section 223B was inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 223B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223C Conduct of affairs
-
[Repealed]
(1) Every local authority and, where applicable, every community board shall, in conducting its affairs, ensure that,—
(a) Its business is conducted in a manner that is comprehensible and open to the public:
(b) Clear objectives are established for each of its activities and policies:
(c) Conflicting objectives and conflicts of interest are resolved in a clear and proper manner:
(d) So far as is practicable, its regulatory functions are separated from its other functions:
(e) Its performance is regularly measured by it in relation to its stated objectives and is capable of being so measured by persons and organisations interested in the performance and activities of the local authority or community board:
(f) Its local communities, and, where appropriate, central Government, are adequately informed about the activities of the local authority or community board:
(g) So far as is practicable, where a committee of a local authority or community board is charged with, or has responsibility for, regulatory functions, that committee shall not be charged with or have responsibility for functions that are not regulatory functions:
-
(h) So far as is practicable, its management structure—
(i) Reflects and reinforces the clear separation of regulatory functions from other functions; and
(ii) Is capable of delivering adequate advice to the local authority or community board or any committee of the local authority or community board so as to facilitate the explicit resolution of conflicting objectives.
(2) This section shall come into force on the 1st day of November 1989.
Section 223C was inserted, as from 1 November 1989, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 223C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223CA Special provisions applying to Wellington Regional Council
-
[Repealed]
(1) Notwithstanding section 223C of this Act, the Wellington Regional Council shall ensure that—
-
(a) No person shall be both—
(i) A member of any committee of that Council that has responsibility for regulatory functions; and
(ii) A member of any committee of that Council that has responsibility for the operation of that Council's bulk water supply function:
-
(b) That Council's bulk water supply function is reported on separately from any of its other functions—
(i) In the annual plan (which is required by section 223D of this Act); and
(ii) In the annual report (which is required by section 223E of this Act).
(2) Where that Council, in exercising its bulk water supply function, makes application for consent to the taking or abstraction of water, that Council shall, under section 34(3) of the Resource Management Act 1991, delegate to a hearings commissioner or to hearings commissioners appointed by that Council the function of hearing and determining the application for consent.
(3) No member or officer or employee of the Council may be a hearings commissioner.
(4) The determination of the hearings commissioner or commissioners shall be made available to the public.
Section 223CA was inserted, as from 1 July 1992, by section 24 Local Government Amendment Act 1992 (1992 No 42).
Subsection (1)(b)(i) and (ii) were substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 223CA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
223D Annual plan
-
[Repealed]
(1) Every local authority shall, in accordance with the special consultative procedure, prepare and adopt, for the financial year beginning on the 1st day of July 1998 and for each subsequent financial year, a report—
(a) In respect of the local authority; and
(b) In respect of each local authority trading enterprise, company, and other organisation that is under the control of the local authority or is a trading enterprise, company, or organisation in which the authority has a significant interest.
(2) The local authority shall, not later than 5 working days after giving public notice under section 716A(1)(b) of this Act of a proposal to adopt a report under this section, send a copy of the proposal to the Secretary.
(3) A report under this section shall contain—
(a) An outline of the long-term financial strategy adopted under section 122K of this Act by the local authority; and
-
(b) In particular terms for the financial year to which the report relates, and in general terms for each of the following 2 financial years, an outline of—
(i) The intended significant policies and objectives of the local authority, local authority trading enterprise, company, or other organisation; and
(ii) The nature and scope of the significant activities to be undertaken; and
(iii) The performance targets and other measures by which performance may be judged in relation to the statement of service performance required by section 223E(3)(e) of this Act; and
-
(c) In particular terms for the financial year to which the report relates, and in general terms for each of the following 2 financial years, in total and for each of the significant activities of the local authority, an outline of—
(i) The indicative costs; and
(ii) The sources of funds; and
(d) The funding policy adopted under section 122N of this Act by the local authority or, where the funding policy currently in force under that section has been published in full in an earlier report under this section, an outline of that funding policy; and
(e) An outline of the investment policy adopted under section 122P of this Act by the local authority; and
-
(f) In particular terms for the financial year in which the report relates, and in general terms for each of the following 2 financial years, an outline of—
(i) The borrowing needs of the local authority; and
(ii) The borrowing programme of the local authority, including proposals for the funding of the payment of interest and the repayment of capital; and
(g) An outline of the borrowing management policy adopted under section 122R of this Act by the local authority, which outline shall identify any significant changes to the policy disclosed in the previous annual report.
(4) A report under this section shall include forecast financial statements of the local authority for the financial year to which the report relates, which financial statements shall be prepared in accordance with generally accepted accounting practice and shall consist of—
(a) A statement of the estimated financial position at the beginning of the financial year and the forecast financial position at the end of that financial year; and
(b) An operating statement reflecting the forecast revenue and expenses for the financial year; and
(c) A statement of cash flows reflecting forecast cash flows; and
(d) Such other statements as may be necessary to fairly reflect the financial position of the local authority, the resources available to it, and the financial results of its operations.
(5) A report under this section shall include an explanation of any significant changes between the policies, objectives, activities, and performance targets specified or outlined in the report as being those for the financial year to which the report relates and those specified or outlined in the report for the immediately preceding financial year as being those for the financial year to which the report relates.
(6) A report under this section shall include a summary of the equal employment opportunities programme for the local authority for the financial year to which the report relates.
(7) A report under this section shall be adopted, before the end of the third month of the financial year to which the report relates, at a meeting of the local authority.
(8) Where a local authority adopts a report under this section, that local authority—
(a) Shall make that report available for public inspection at its offices and libraries; and
-
(b) Shall make copies of that report available to the public—
(i) Free of charge; or
(ii) At a reasonable charge; and
-
(c) Shall, within 20 working days after its adoption, send copies of that report to—
(i) The Secretary; and
(ii) The Controller and Auditor-General; and
(iii) The Parliamentary Library.
Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 223D was substituted, as from 1 October 1991, by section 16(1) Local Government Amendment Act 1991 (1991 No 49).
Section 223D was substituted, as from 27 July 1996, by section 4(1) Local Government Amendment Act (No 3) 1996 (1996 No 83). See 19(1) of that Act as to the transitional provisions relating to annual plans and annual reports.
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223E Annual report
-
[Repealed]
(1) Every local authority shall prepare and adopt in respect of the financial year beginning on the 1st day of July 1998 and in respect of each subsequent financial year a report containing audited financial statements for the financial year to which the report relates.
(2) The report adopted under subsection (1) of this section shall contain the information required by section 122V of this Act.
(3) The audited financial statements required by subsection (1) of this section to be contained in the report adopted under that subsection shall be prepared in accordance with generally accepted accounting practice and shall include—
(a) A statement of financial position; and
(b) An overall operating statement; and
(c) One operating statement in respect of each significant activity; and
(d) A statement of cash flows; and
(e) A statement of service performance (in statement or narrative form) including the performance targets and other measures by which the performance of the local authority may be judged in relation to its objectives, outputs, and outcomes; and
(f) A statement of commitments (in statement or narrative form); and
(g) A statement of the nature, general terms, and extent of the equity securities and financial interests of the local authority in any local authority trading enterprise; and
(h) A summary of the term liabilities and incidental arrangements of the local authority; and
(i) The amount of the term liabilities that are secured, and a brief description of the nature of the security; and
(j) Any variations from, or changes to, the borrowing management policy in effect during the year; and
(k) Such other statements as may be necessary to fairly reflect the financial position of the local authority, the resources available to it, and the financial results of its operations.
(4) The report adopted under subsection (1) of this section shall contain audited consolidated financial statements for the financial year in respect of—
(a) The local authority; and
(b) Each local authority trading enterprise in which the local authority holds equity securities or has a financial interest; and
(c) Each other company or organisation that is under the control of the local authority or is a trading enterprise, company, or organisation in which the local authority has a significant interest.
(5) The audited consolidated financial statements under subsection (3) of this section shall be prepared in accordance with generally accepted accounting practice and shall consist of—
(a) A statement of financial position; and
(b) An overall operating statement; and
(c) A statement of cash flows; and
(d) Such other statements as may be necessary to fairly reflect their financial position, resources available to them, and the financial results of their operations.
(6) Where a local authority has a financial interest in, or has otherwise provided finance or financial assistance to any local authority trading enterprise referred to in subsection (4)(b) of this section or to any company or organisation referred to in subsection (4)(c) of this section, that local authority shall include, with the audited financial statements under subsection (3) of this section, a separate statement disclosing the actual costs to the enterprise, company, or organisation concerned of that interest, finance, or financial assistance.
(7) For the purpose of subsection (6) of this section, the provision of finance or financial assistance includes provision that is direct or indirect and whether by way of share capital, loan guarantee, the giving of security, or otherwise.
(8) The report adopted under subsection (1) of this section shall contain—
-
(a) The auditor's report—
(i) On the financial statements specified in subsections (3) to (5) of this section; and
-
(b) Such other information as is necessary to enable an informed assessment of the operations of each entity reported on, including—
(i) A comparison between the actual performance of the local authority for the financial year and the projected performance of the local authority for the financial year as set out in the report adopted in respect of the financial year under section 223D(1) of this Act; and
(ii) A comparison between the actual performance of each local authority trading enterprise for the financial year and the relevant statement of corporate intent for the financial year.
(9) The report adopted under subsection (1) of this section shall include the statement of compliance required by section 122X of this Act.
(10) The report shall include an account of the extent to which the local authority was able to meet, during the financial year to which the report relates, the equal employment opportunities programme for that financial year.
(11) The report shall include, in a form to be determined from time to time by the Minister, information on the remuneration being received by each executive officer appointed under section 119C(1) of this Act.
(12) The report shall include, in a form to be determined from time to time by the Minister, information in relation to the cost to the local authority, in the financial year to which the report relates, of any severance agreement between the local authority and any employee appointed under section 119B(1) or section 119C(1) of this Act, being an agreement under which—
(a) The employee has agreed to the termination of the employee's employment; and
-
(b) The local authority has, in respect of the employee's agreement to the termination of his or her employment, agreed to provide any consideration, whether of a monetary nature or otherwise, additional to any entitlement of that employee to—
(i) Any final payment of salary; or
(ii) Any holiday pay; or
(iii) Any superannuation contributions; and
(c) The total cost to the local authority of the consideration referred to in paragraph (b) of this section, including any liability for taxation, exceeds $50,000.
(13) A determination under subsection (12) of this section may require that the information in the report include information identifying the specific position held by the employee, or positions held by the employees, as the case may be, in respect of whom the cost has been incurred by the local authority.
(14) The report adopted under subsection (1) of this section shall be adopted before the end of the 5th month after the close of the financial year to which it relates.
(15) Where a local authority adopts a report under this section, that local authority—
(a) Shall make that report available for public inspection at its offices and libraries; and
-
(b) Shall make copies of that report available to the public—
(i) Free of charge; or
(ii) At a reasonable charge; and
-
(c) Shall, within 20 working days after its adoption, send copies of that report to—
(i) The Secretary; and
(ii) The Controller and Auditor-General; and
(iii) The Parliamentary Library.
Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (3)(h) was amended, as from 10 September 1999, by section 4 Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words
“by maturity showing, in respect of each financial year in which term liabilities are repayable, the amounts repayable in that year together with a summary of the interest costs and other expenses incurred in connection with those amounts and arrangements for that year”
.Subsection (5)(a)(iii) was inserted, as from 1 July 1991, by section 17(1) Local Government Amendment Act 1991 (1991 No 49).
Subsection (5)(a)(iii) was substituted, as from 1 July 1992, by section 25(2) Local Government Amendment Act 1992 (1992 No 42).
Subsections (7A) and (7B) were inserted, as from 1 July 1992, by section 25(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (9) was substituted, as from 1 July 1991, by section 17(2) Local Government Amendment Act 1991 (1991 No 49).
Section 223E was substituted, as from 27 July 1996, by section 4(1) Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 19(1) of that Act as to the transitional provisions relating to annual plans and annual reports.
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223F Financial systems
-
[Repealed]
(1) Every local authority shall adopt financial systems and reporting and record keeping procedures in accordance with this section and shall, in addition, establish and maintain a system of internal control designed to provide a reasonable assurance as to the integrity and reliability of the financial reporting of the local authority.
(2) The systems and procedures adopted shall—
(a) Identify the expenses, revenues, and financial performance for the various activities of the local authority and of each of its significant activities:
(b) Correctly record and correctly explain the transactions of the local authority:
(c) At any time enable the financial position of the local authority to be determined with reasonable accuracy:
(d) Enable a fair reflection of the financial position and performance of the local authority to be presented at the end of the financial year:
(e) Enable the financial statements for the local authority to be readily and properly audited:
-
(f) Show in a full and complete manner—
(i) All revenue and expenses:
(ii) All assets and liabilities including contingent liabilities and guarantees:
(iii) The application of all funds held or received for any particular purpose (such as special funds, rates, special rates, separate rates and charges, and trusts) and the amount and location of such funds while held by the local authority:
(g) Enable the local authority to prepare the strategy and policies required by sections 122K, 122N, 122P, and 122R of this Act and to comply with the principles of financial management contained in section 122C of this Act.
Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (2)(a) of the original section 223F was amended, as from 1 July 1991, by section 18 Local Government Amendment Act 1991 (1991 No 49) by substituting the words
“the cost of”
for the words“a return of”
.Section 223F was substituted, as from 27 July 1996, by section 4(1) Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 19(1) of that Act as to the transitional provisions relating to annual plans and annual reports.
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223G Failure to comply with financial reporting requirements
-
[Repealed]
(1) Where any local authority fails to prepare and adopt a report required under section 223E of this Act, the Secretary may, after consultation with the Controller and Auditor-General, appoint some person or firm to prepare and publish that report.
(2) Every person or firm appointed under subsection (1) has all the powers conferred on the Auditor-General under sections 24 and 25 of the Public Audit Act 2001 in the exercise of that person's or that firm's functions under that subsection.
(3) All expenditure incurred by and fees payable to any person or firm appointed by the Secretary in respect of the exercise of any powers or functions conferred by or under subsection (1) or subsection (2) of this section shall be recoverable from the local authority as a debt due by the local authority.
Compare: 1974 No 66 s 223A; 1981 No 111 s 10
Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (2) was substituted, as from 1July 2001, by section 47 Public Audit Act 2001 (2001 No 10).
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223H Inspection of financial records by members and specified officers of local authority
-
[Repealed]
(1) Any member or specified officer of a local authority may, at any reasonable time, inspect the accounting documents of the local authority and take copies of them.
(2) Every person commits an offence who, being a person who has any accounting document of a local authority in his or her possession or under his or her control,—
(a) Refuses to allow any member or specified officer of the local authority to inspect or take a copy of that accounting document; or
(b) Obstructs, or does not provide reasonable assistance to, any member or specified officer of the local authority in the execution of the power conferred on that member or officer by subsection (1) of this section.
(3) In this section,—
Accounting documents—
(a) Means documents that are prime entries into financial records; and
-
(b) Includes—
(i) Ledger accounts; and
(ii) Other records derived from the prime entries irrespective of the form in which they are kept:
Specified officer, in relation to a local authority,—
(a) Means the principal administrative officer of the local authority; and
(b) Includes any other officer of the local authority designated by the local authority for the purposes of this section, either by name or as the holder for the time being of any specified office.
Compare: 1974 No 66 s 204; 1977 No 122 s 2
Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223I Banking and related matters
-
[Repealed]
(1) Every local authority shall establish such bank accounts and other funds and procedures for operating them as will ensure that its funds and the funds under its control are properly administered, managed, and accounted for.
(2) Subject to any specific requirements relating to any fund, any local authority may invest its funds and the funds under its control in accordance with the provisions of the Trustee Act 1956 as to the investment of trust funds.
Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223J Miscellaneous expenditure
-
[Repealed]
(1) Any local authority may expend money for all or any of the following purposes:
(a) The insurance of, or the making of any other prudent and reasonable financial provision against any risk facing the local authority, its assets, or its interests:
(b) The making of ex gratia payments to any person who suffers any loss of or damage to property while rendering assistance to, or performing any action under the control or authority of, the local authority:
(c) Ceremonies for the public or a section of the public:
(d) The purchase of insignia and robes of office and civic insignia of any kind:
(e) The provision of entertainment, up to the amount (if any) provided in the estimates for the financial year in which the expenditure is incurred:
(f) The payment of subscriptions, levies, fees, or general contributions to any organisation that the local authority considers appropriate in connection with its functions, duties, and powers.
(2) Expenditure under each of the paragraphs of subsection (1) of this section shall be separately and clearly identified in the accounts of the local authority.
Compare: 1974 No 66 s 219(b), (c), (f), (h), (j), (k); 1977 No 122 s 2; 1985 No 60 s 19
Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1)(a) was substituted, as from 27 July 1996, by section 5 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223K Unauthorised expenditure
-
[Repealed]
(1) Any local authority may, in any financial year, out of its general revenues, expend for purposes not authorised by any Act or law for the time being in force—
(a) In the case of a local authority whose district has a population not exceeding 100,000, any sum or sums not exceeding in the aggregate $20,000; and
(b) In the case of a local authority whose district has a population exceeding 100,000, any sum or sums not exceeding in the aggregate $50,000.
(2) Expenditure under this section shall be separately and clearly identified in the accounts of the local authority.
Compare: 1974 No 66 s 177; 1977 No 122 s 2
Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
223L Government not liable for debts
-
[Repealed]
No claim of any creditor of any regional council or territorial authority shall attach to or be paid out of the public revenues of New Zealand, or attach to or be paid by the Government.
Compare: 1974 No 66 s 220; 1977 No 122 s 2
Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 13
Council property
Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 13, comprising sections 224 to 228, was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
224 Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires, council means a territorial authority or a regional council.
Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 224 was substituted, as from 1 July 1992, by section 26 Local Government Amendment Act 1992 (1992 No 42).
Section 224 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225 Property for council purposes
-
[Repealed]
(1) Subject to subsection (1A) of this section, a council may acquire and maintain such property as is necessary for the efficient and effective performance of its functions.
(1A) A regional council may own only property directly related to its functions under this Act or any other Act.
(2) Without limiting the generality of subsection (1) of this section, the council may, for the purposes specified in that subsection,—
(a) Purchase, take in the manner provided in the Public Works Act 1981, or otherwise acquire, or take on lease, land or buildings or parts thereof, or construct buildings, or acquire shares and the other rights in companies constructing or operating the same:
(b) Provide and maintain a public hall and public offices whether in the district or not for holding the meetings and transacting the business of the council, and for holding public meetings and for other purposes, and for that purpose cause buildings to be erected on any land belonging to or leased to the council, and cause any such building to be added to or improved:
(c) Purchase, acquire, or take on hire motor vehicles or other means of transport for use in the performance by the members of the council of their official duties and for other council purposes:
(d) Purchase, acquire, or take on hire equipment or machinery, or furnishings:
(e) Restore, maintain, improve, or extend any property so acquired.
(f) [Repealed]
(3) The Council may, by resolution, purchase by means of hire purchase or instalment payments any item that it is empowered by paragraph (c) or paragraph (d) of subsection (2) of this section to purchase.
(4) For the avoidance of doubt it is hereby declared that nothing in Part 7B of this Act shall apply to the purchase of any item by means of hire purchase or instalment payments under the authority of this section.
Compare: 1954 No 76 ss 52, 116, 358, 360A; 1956 No 64 ss 32, 139, 374, 374A, 380; 1961 No 60 s 11(1); 1986 No 124 s 28; 1974 No 66 s 69, 131
Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was substituted, and subsection (1A) was inserted, as from 1 July 1992, by section 27 Local Government Amendment Act 1992 (1992 No 42).
Subsection (2)(a) was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Subsection (2)(b) was amended, as from 20 October 1978, by section 3(6)(f) Local Government Amendment Act 1978 (1978 No 43) by substituting the words
“whether in the district or not”
for the words“within the district”
.Subsections (3) and (4) were inserted, as from 30 March 1985, by section 20 Local Government Amendment Act 1985 (1985 No 60).
Subsection (4) was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words
“Part 7B of this Act”
for the words“the Local Authorities Loans Act 1956”
.Section 225 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225A Interpretation
-
[Repealed]
(1) For the purposes of sections 225B to 225M of this Act,—
Community Trust means a community trust constituted under section 225D of this Act;
Constituting local authority means the local authority that establishes a Community Trust under section 225D of this Act.
(2) [Repealed]
Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Subsection (2) was repealed, as from 1 August 1998, by section 6(1)(a) Local Government Amendment Act 1998 (1998 No 89).
Section 225A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225B Port company shares and assets and liabilities of former harbour boards
-
[Repealed]
(1) Notwithstanding anything in section 225 of this Act, where, on the coming into force of this section, any regional council owns—
(a) Any assets or liabilities of any former harbour board; or
(b) Any shares or equity securities in any port company established under the Port Companies Act 1988,—
that regional council may retain any or all of those assets and liabilities and any or all of those shares or equity securities.
(2) [Repealed]
Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Subsection (2) was repealed, as from 1 October 1998, by section 14(1)(c) Local Government Amendment Act 1998 (1998 No 89).
Section 225B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225C Application of proceeds of sale
-
[Repealed]
Where any local authority or local authority trading enterprise or subsidiary of a local authority trading enterprise sells any shares or equity securities in any port company established under the Port Companies Act 1988 or where a local authority receives from a local authority trading enterprise or subsidiary of a local authority trading enterprise any part of the proceeds of the sale of any such shares or equity securities, that local authority may apply any proceeds of the sale (including any income derived from or capital gain arising on these proceeds) to—
(a) The payment of costs related to the sale; and
(b) The reduction of the overall debt of that local authority; and
(c) The performance of any functions of that local authority; and
(d) A payment to a community trust established in accordance with section 225D of this Act in respect of the district of the local authority.
Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Section 225C was amended, as from 10 April 1995, by section 2 Local Government Amendment Act 1995 (1995 No 25) by inserting the words
“(including any income derived from or capital gain arising on these proceeds)”
.Section 225C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225D Community trusts
-
[Repealed]
(1) Any local authority to which section 225C of this Act applies, may establish a trust to be known as the Name of the district of the constituting local authority Community Trust.
(2) The constituting local authority shall prepare a trust deed for that trust in accordance with section 225K of this Act, and shall submit the trust deed to the Minister.
(2A) A community trust shall be established under this section when, after consultation with the Minister of Revenue, the Minister agrees in writing that the general activities to be undertaken by the community trust, as specified in the trust deed, are not inconsistent with the purposes of the trust or with this Act.
(3) A community trust shall, on establishment, be a body corporate with perpetual succession and a common seal, and subject to sections 225E to 225M of this Act and to any other Act or rule of law, have and be empowered to exercise, for the purpose and within the scope of its functions and its constitution, all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity.
(4) The common seal of any community trust established in accordance with subsection (1) of this section, shall be judicially noticed in all courts and for all purposes.
Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Subsection (2) was substituted, and subsection (2A) was inserted, as from 10 April 1995, by section 3 Local Government Amendment Act 1995 (1995 No 25) .
Section 225D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225E Purpose of Trust
-
[Repealed]
All property vested in, or belonging to, any community trust established under section 225D of this Act, shall be held in trust to be applied for purposes beneficial for the community principally in the district of the constituting local authority, including charitable, cultural, philanthropic, recreational, heritage, and other purposes.
Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Section 225E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225F Trustees
-
[Repealed]
(1) The trustees of a community trust shall be appointed having regard to their expertise and to their ability to be impartial in carrying out the purposes of the Community Trust in accordance with section 225E of this Act.
(2) The first trustees of a community trust shall be appointed by the constituting local authority.
(3) Subject to subsection (2) of this section, the trustees shall be appointed in the manner prescribed in the trust deed.
Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Section 225F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225G Term of office of trustees
-
[Repealed]
(1) The first trustees of a community trust shall hold office for the period specified in relation to each trustee in the trust deed.
(2) Every subsequent trustee shall hold office for such term, not exceeding 3 years, as shall be specified in the trust deed.
(3) A trustee shall be eligible for reappointment.
(4) A trustee may resign office in the manner prescribed in the trust deed.
(5) A trustee shall be deemed to have resigned office as a trustee if at any time that trustee is, under section 225H of this Act, not capable of holding office as trustee of a community trust.
(6) A trustee may be removed from office at any time by the constituting local authority, by notice in writing,—
(a) For disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of that local authority; or
(b) In any case where that local authority is satisfied on reasonable grounds that the trustee has acted or is acting in a manner prejudicial, or likely to be prejudicial, to the interests of the community trust.
(7) If any trustee dies or resigns or ceases to hold office, the office of that trustee shall become vacant and the vacancy shall be filled in the manner prescribed by the trust deed of that community trust, and any person filling the vacancy shall hold office for the residue of the term of office of that trustee.
Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Section 225G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225H Persons not capable of holding office as trustee
-
[Repealed]
The following persons shall not be capable of being appointed or re-appointed, or of holding office, as a trustee of a community trust:
-
(a) A bankrupt—
(i) Who has not obtained a final order of discharge; or
(ii) Whose order of discharge has been suspended for a term not yet expired or is subject to a condition not yet fulfilled:
(b) A person who has been convicted within the last 3 years of a criminal offence punishable by imprisonment:
(c) A person who would be subject to an order under section 189 of the Companies Act 1955 but for the repeal of that section:
(ca) A person to whom an order made under section 199L of the Companies Act 1955 applies (or would apply but for the repeal of that Act) or to whom an order made under section 383 of the Companies Act 1993 applies:
(d) A mentally disordered person within the meaning of the Mental Health Act 1969:
(e) Any person who is the subject of an order under the Protection of Personal and Property Rights Act 1988:
(f) A person who does not reside in the district of the constituting local authority:
-
(g) A person who is a member of, or is employed in the service of, or who holds any office in,—
(i) The constituting local authority; or
(ii) Any other regional council or territorial authority or community board (whichever the case may be) that has jurisdiction over all or part of the district of the constituting local authority.
Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Paragraph (c) was substituted, and paragraph (ca) inserted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
Section 225H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
225I Financial statements
-
[Repealed]
(1) The financial year of every community trust shall commence on the 1st day of July in each year and end on the 30th day of June in the following year.
(2) The trustees of every community trust shall ensure that full and correct accounts of all the financial transactions of that community trust and its assets, liabilities, and funds are kept.
(3) The trustees of every community trust shall, after the end of each financial year, have prepared financial statements including a statement of financial position and income and expenditure account and notes thereto, giving a true and fair view of the financial affairs of that community trust for the financial year.
(4) The financial statements shall show separately—
(a) The names of persons or organisations to whom distributions have been made by that community trust under section 225E of this Act in that financial year; and
(b) The amounts distributed.
(5) The financial statements shall be audited by the Audit Office.
(6) The Controller and Auditor-General shall certify whether the financial statements are properly drawn up and give a true and fair view of the financial affairs of the community trust for the financial year.
(7) Unless otherwise directed by the Minister or the constituting local authority, as the case may be, the financial statements together with the Audit Office's report thereon shall be sent to the Minister and the constituting local authority not later than the 1st day of September in each year, and copies of the financial statements and the Audit Office's report shall be published in the Gazette and publicly notified in the district of the constituting local authority.
Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).
The words
“statement of financial position”
, in subsection (3), were substituted, as from 1 October 1997, for the words“balance sheet”
pursuant to 6(1) Financial Reporting Amendment Act 1997 (1997 No 17).Section 225I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225J Trustees to hold public meeting
-
[Repealed]
(1) The trustees of a community trust shall, not later than the 31st day of October in each year, hold a public meeting in the district of the constituting local authority and shall at that meeting report on the operation of that community trust during the preceding financial year and on the financial statements of that community trust for that year.
(2) The trustees of a community trust shall give not less than 14 days' public notice of the holding of the meeting under subsection (1) of this section.
Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Section 225J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225K Matters to be included in trust deed
-
[Repealed]
The trust deed establishing a community trust under section 225D of this Act shall contain provisions—
(a) Specifying the name of the community trust:
(aa) Specifying the purposes of the community trust as set out in section 225E of this Act:
(ab) Specifying the general activities to be undertaken by the community trust:
(b) Specifying the maximum and minimum number of trustees:
(c) For the holding of, and voting at, meetings of trustees and specifying the quorum necessary for the holding of meetings of trustees:
(d) For the remuneration of trustees:
(e) Specifying the manner in which a vacancy in the office of trustee shall be filled:
(f) For the appointment of officers, employees, managers, and agents:
(g) Specifying the powers of investment of the trustees:
(h) Prohibiting the community trust from undertaking in its own right any business other than business that is absolutely necessary to the carrying out of the purpose of the community trust:
(i) Specifying the powers of the trustees to expend the income of the trust, which powers shall be exercisable only for the purposes of administering and maintaining the community trust and for the purposes specified in section 225E of this Act:
(j) For the keeping of accounts:
(k) Specifying the manner in which the trust deed may be varied:
(l) Specifying such other matters as the Minister or the constituting local authority considers appropriate.
Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Paragraphs (aa) and (ab) were inserted, as from 10 April 1995, by section 4 Local Government Amendment Act 1995 (1995 No 25).
Section 225K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225L Trust deed not to be inconsistent with provisions of this Act
-
[Repealed]
(1) No provision of a trust deed establishing a community trust shall be inconsistent with the provisions of this Act and no trust deed shall be varied so as to become inconsistent with the provisions of this Act.
(1A) No variation of the trust deed of a community trust may be executed to amend the general activities to be undertaken by the trust unless—
(a) The trustees have submitted the proposed variation to the Minister; and
(b) After consultation with the Minister of Revenue, the Minister agrees in writing that any proposed amendments to the general activities to be undertaken by the community trust are not inconsistent with the purposes of this trust or with this Act.
(2) Any provision of a trust deed establishing a community trust which is inconsistent with the provisions of this Act and any variation of the trust deed which is inconsistent with the provisions of this Act shall be unenforceable and of no effect.
Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Subsection (1A) was inserted, as from 10 April 1995, by section 5 Local Government Amendment Act 1995 (1995 No 25).
Section 225L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
225M Application of Trustee Act 1956
-
[Repealed]
The Trustee Act 1956 applies to a community trust established under this Act.
Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).
Section 225M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
226 Disposal of council property (other than land)
-
[Repealed]
Subject to this Act, the council may—
-
(a) Sell, grant leases of, or let out on hire or otherwise dispose of, on such terms as the council thinks fit, any buildings or parts thereof, or any equipment, machinery, furnishings, or vehicles or other means of transport purchased or acquired by the council under section 225 of this Act or the corresponding provisions of any former enactment:
Provided that the council shall not dispose of any land taken or otherwise acquired under the Public Works Act 1981 except in accordance with the provisions of that Act:
(b) Sell, on such terms as the council thinks fit, any shares in companies constructing or operating buildings purchased or acquired by the council under section 225 of this Act or the corresponding provisions of any former enactment.
Compare: 1956 No 64 s 380
Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
The proviso to section 226(a) was substituted, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Section 226 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
227 Shops and offices
-
[Repealed]
Where pursuant to any authority conferred on it by this Act or any other Act the council erects or acquires any building, it may make provision therein for shops or offices, and may let any such shop or office at such rent, for such term, upon such conditions, and to such person or persons as it thinks fit:
Provided that it shall not be lawful for the council to make provision as aforesaid for shops or offices to such an extent as to render the building less suitable for the purpose for which it was authorised to be erected or acquired.
Compare: 1954 No 76 s 360; 1956 No 64 s 376
Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 227 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
228 Council may purchase land by instalments
-
[Repealed]
(1) The Council may, pursuant to a special order, purchase land on terms that provide for the payment of the purchase price and interest over a period not exceeding 20 years.
(2) For the avoidance of doubt it is hereby declared that nothing in Part 7B of this Act shall apply to any purchase of land in accordance with this section.
Compare: 1974 No 66 s 228; 1977 No 122 s 2
Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 228 was substituted, as from 30 March 1985, by section 21 Local Government Amendment Act 1985 (1985 No 60).
Subsection (2) was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words
“Part 7B of this Act”
for the words“the Local Authorities Loans Act 1956”
.Section 228 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 14
Sale and leasing of land
Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 14, comprising sections 229 to 236, was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
229 Interpretation
-
[Repealed]
Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 229 was repealed, as from 1 July 1992, by section 29 Local Government Amendment Act 1992 (1992 No 42).
230 Sale or exchange of council land
-
[Repealed]
(1) Except as provided in subsections (3) to (7) of this section, and subject to any other provision of this Act and to the provisions of any other enactment, the council, pursuant to a resolution made after notice has been given in accordance with subsection (2) of this section, may sell any land vested in the Corporation of the district, or exchange any such land, and in respect of any such exchange may give or receive any money for equality of exchange.
(1A) In the case of any land that was, immediately before the commencement of this subsection, subject to the Harbours Act 1950 and held by a local authority as an endowment, or on trust, for harbour-related purposes,—
(a) The land may not be sold without the prior written consent of the Minister; and
(b) The Minister may give that consent unconditionally or subject to such conditions as the Minister thinks fit; but
(c) Nothing in this subsection requires that the money received from the sale of such land be applied for the purpose of purchasing other land for harbour related purposes.
(2) Public notice of the time and place of the meeting at which the resolution is to be submitted to the council and of the purport of the resolution (including the name of and number in the road, or some other readily identifiable description of the land) shall be given not less than 14 clear days before the date of the meeting, but no such notice shall be necessary in any case where the land is sold to any person who wishes to build a house thereon for the personal occupation of himself and his family or of occupying with his family any house already on the land.
(3) Where any land vested in the Corporation of the district is sold or exchanged pursuant to subsection (1) of this section then, in any case where under subsection (2) of this section public notice is required to be given, the District Land Registrar shall, before registering the transfer of title to the land, be satisfied, by a certificate endorsed on the memorandum of transfer and signed by the principal administrative officer of the council or by a solicitor of the High Court, that public notice complying with subsection (2) of this section has been properly given.
(4) Where any land so sold or exchanged was at the time of the sale or exchange vested in the council in trust or as an endowment for any purpose or purposes, whether by or pursuant to any Act or any deed of trust or otherwise howsoever, then, notwithstanding anything in the instrument creating the trust or endowment, but subject to subsection (8)(d) of this section, all money received by the council upon the sale or exchange shall as soon as practicable be applied in or towards the purchase of other land to be held for the same purposes as the land so sold or exchanged or in accordance with subsection (5) of this section.
(5) The Minister may, subject to subsection (8) of this section, authorise the council to apply all or part of the money so received in or towards the purchase or other acquisition of other land to be held for such other purposes as the Minister specifies.
(6) If any land to which subsection (4) of this section applies is sold then, unless the Minister otherwise consents,—
(a) The land shall not be sold for a price that is less than the capital value of the land, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the sale:
(b) In the case of leased land to be sold to the lessee, the land shall not be sold for a price that is less than the unimproved value of the land plus the value of any improvements not formerly made by or purchased by the lessee, that price being determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the sale:
-
(c) In the case of an exchange, the total of—
(i) The capital value of the land received in exchange, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the exchange; and
(ii) Any money received by the council by way of equality of exchange,—
shall not be less than the capital value of the land given by the council in exchange, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the exchange:
-
(d) In the case of an exchange between the council and the lessee of leased land, the total of—
(i) The value of the land received by the council in exchange, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the exchange; and
(ii) Any money received by the council by way of equality of exchange,—
shall not be less than the unimproved value of the land given by the council in exchange, plus the value of any improvements not formerly made by or purchased by the lessee, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the exchange.
(6A) For the purposes of any determination by a registered valuer under subsection (6) of this section the Rating Valuations Act 1998 shall be read as if the following definition of the term
“improvements”
had been substituted for the definition of that term set out in section 2 of that Act:“Improvements means all work done or material used at any time on the land by the expenditure of capital or labour by any owner or occupier thereof in so far as the effect of the work done or material used is to increase the value of the land, and the benefit thereof is unexhausted at the time of valuation
“Provided that the reclamation of land from the sea shall not in any case be deemed to be improvements either of the land reclaimed or of any other land:
“Provided also that work done or material used on or for the benefit of any land by the expenditure of capital or labour by any owner or occupier thereof in the provision of roads or in the provision of water, drainage, or other amenities in connection with the subdivision of the land for building purposes shall not be deemed to be improvements after the land has been sold or another person has taken actual occupation of the land (whether by virtue of a tenancy for not less than 6 months certain or not):.”
(6B) For the purposes of any determination by a registered valuer under subsection (6) of this section the term unimproved value, in relation to any land, means the sum which the owner's estate or interest in the land, if unencumbered by any mortgage or other charge, might be expected to realise at the time of valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to impose, and if no improvements had been made on the land.
(7) Notwithstanding anything in subsection (4) of this section, the council may apply all or part of any money received under that subsection for or towards the provision of earthworks, grassing, drainage, tree planting, fencing, or protection of any land vested in the council as an endowment, or for or towards any other improvement of any kind of any such land that the council considers necessary for the proper use of the land as an endowment.
(8) Nothing in this section shall be deemed—
(a) To authorise the council to deal with any public reserve within the meaning of the Reserves Act 1977 otherwise than in accordance with that Act:
(b) To authorise the council to deal with any land taken or otherwise acquired under the Public Works Act 1981, except in accordance with that Act:
(c) To apply to the sale or exchange of any land by the council pursuant to the power conferred by section 345 or section 572(3) of this Act or to any express power of sale or exchange conferred by any other Act:
(d) To authorise the sale or exchange of any land vested in the council in trust or as an endowment if the sale or exchange of the land is prohibited by the instrument creating the trust or endowment.
Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
The original section 230 was amended, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43) by substituting the words
“section 345 of this Act”
for the words“section 190 of the Municipal Corporations Act 1954 or section 191F of the Counties Act 1956 (as inserted by section 2 of the Counties Amendment Act 1972)”
.Subsection (2) of the original section 230 was amended, as from 1 April 1980, by section 7(1) by inserting the words
“then, in any case where under the proviso to that subsection public notice is required to be given,”
.Subsections (3) and (4) of the original section 230 were substituted, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Subsections (5)(b) and (5)(d) of the original section 230 were substituted, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59)
Section 230 was substituted, as from 19 January 1981, by section 31(1) Local Government Amendment Act 1980 (1980 No 82).
Subsection (1A) was inserted, as from 29 April 1999, by section 4 Local Government Amendment Act (No 2) 1999 (1999 No 24).
Subsection (6) was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words
“a registered valuer in accordance with the Rating Valuations Act 1998”
for the words“the Valuer-General under the Valuation of Land Act 1951”
wherever they occurred. See sections 55 to 63 for the savings and transitional provisions.Subsection (6A) was inserted, as from 23 October 1981, by section 9 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Subsection (6A) was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words
“Rating Valuations Act 1998”
and the words“a registered valuer”
for the words“Valuation of Land Act 1951”
and the words“the Valuer-General”
respectively. See sections 55 to 63 for the savings and transitional provisions.Subsection (6B) was inserted, as from 23 October 1981, by section 9 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Subsection (6B) was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words
“a registered valuer”
for the words“the Valuer-General”
. See sections 55 to 63 for the savings and transitional provisions.Subsection (8)(c) was amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the expression
“or section 572(3)”
.Section 230 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
231 Leasing of land by council
-
[Repealed]
(1) The council shall, in addition to all other leasing powers exercisable by the council under any other provision of this Act, or under any other enactment, or under any grant, conveyance, or deed, have power to lease any land or building or other real or personal property vested in the Corporation of the district (not being land that is a public reserve within the meaning of the Reserves Act 1977 or a building on any such public reserve) in accordance with the Public Bodies Leases Act 1969, and that Act shall apply accordingly.
(2) Any lease entered into pursuant to any of the provisions of sections 152, 153, 153A, 155, 157, and 158 of the Municipal Corporations Act 1954 or sections 172, 173, 173A, 175, 177, and 178 of the Counties Act 1956 and current at the commencement of this Part of this Act shall be deemed to be leases entered into pursuant to the appropriate provisions of the Public Bodies Leases Act 1969, and the provisions of that last-mentioned Act shall apply accordingly.
Compare: 1954 No 76 s 151; 1956 No 64 s 171; 1969 No 141 s 28(2)
Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43) by omitting the words
“or under the Municipal Corporations Act 1954 or, as the case may be, the Counties Act 1956”
.Section 231 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
232 Lease of council building as cinematograph theatre
-
[Repealed]
(1) Notwithstanding anything in any other Act, where an exhibitor's licence has been granted under the Films Act 1983 in respect of any building vested in the Corporation of the district, the council may grant a lease of that building to the holder of the licence or, where the licence has expired, to the last holder of the licence at a rent to be fixed in accordance with subsection (2) of this section and without selling the lease by public auction or public tender.
(2) The rent payable under any lease under subsection (1) of this section shall be fixed as follows:
(a) The rent shall be fixed by 2 independent persons (in this section referred to as the arbitrators), one to be appointed by the council and the other by the proposed lessee:
(b) The arbitrators, before commencing to make the valuation, shall together appoint a third person, who shall be an umpire as between them:
(c) The decision of the 2 arbitrators if they agree, or of the umpire if the arbitrators do not agree, shall be binding on the council and the proposed lessee.
(3) The council may terminate any lease granted under this section in the event of the lessee ceasing to be the holder of an exhibitor's licence granted as aforesaid in respect of the building comprised in the lease.
(4) No lease granted under this section shall be for a longer term than 7 years.
Compare: 1954 No 76 s 154; 1956 No 64 s 174
Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
The reference to the
“Films Act 1983”
was substituted for the repealed“Cinematograph Films Act 1976”
pursuant to section 76 Films Act 1983 (1983 No 130).Section 232 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
233 Leases to other local authorities may be by private contract
-
[Repealed]
Notwithstanding anything in the Public Bodies Leases Act 1969, the council may grant a lease of any lands or buildings vested in the Corporation of the district to any other local authority at such rent and subject to such terms and conditions as are determined by the council, and without offering the lease for public application and ballot or selling it by public auction or public tender.
Compare: 1956 No 64 s 174A; 1961 No 131 s 9
Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 233 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
234 Special provisions with respect to land and buildings reserved for recreation
-
[Repealed]
Where any land vested in the Corporation of the district for the use or enjoyment or recreation of the residents of the district (not being a public reserve within the meaning of the Reserves Act 1977) is leased, the lessee shall not erect thereon any building other than a building authorised by the lease as a building necessary for the full use of the land for the purpose or purposes for which it is vested, and no such land shall be so leased as in any way to restrict the public in the use and enjoyment thereof.
Compare: 1954 No 76 s 156(2); 1956 No 64 s 176(2)
Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 234 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
235 Council may grant easements
-
[Repealed]
The council may grant, either in perpetuity or for a specified term, and either in gross or appurtenant to any other land, any rights, easements, or privileges over any land, building, or personal property held by the Corporation of the district (not being a public reserve within the meaning of the Reserves Act 1977), if the council resolves that the rights, easements, or privileges proposed to be granted will not interfere with the proper use of the land, buildings, or personal property.
Compare: 1954 No 76 ss 159, 159A; 1956 No 64 s 179; 1964 No 119 s 10
Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 230 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
236 Transfers and leases to Crown for reserves or public purposes
-
[Repealed]
Notwithstanding anything in this Part of this Act, the council may transfer to the Crown, with or without consideration, or lease to the Crown, with or without payment of rent, any land vested in the Corporation of the district and not held in trust for any particular purpose or purposes, whether by or pursuant to any Act or any deed of trust or otherwise howsoever, to be held by the Crown for the purposes of a public reserve or for any purpose of public utility:
Provided that land held in trust for any particular purpose or purposes may be transferred to the Crown under this section to be held by the Crown in trust for the same purpose or purposes.
Compare: 1954 No 76 s 162; 1956 No 64 s 182
Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 236 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 15
Works of councils
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
237 Interpretation
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
237A Power to acquire land
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
237B Land for regional planning
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (2) was repealed, as from 1 April 1988, by section 5 Local Government Amendment 1988 (1988 No 71).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
238 General powers of council in respect of works
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Paragraph (b) was amended, as from 1 February 1982, by substituting
“Part 7 Public Works Act 1981”
being the corresponding enactment in force for“Part 5 Public Works Act 1928”
.Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
238A Execution of works and services for united council
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
239 Council involvement in joint ventures with other persons
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (3) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Section 239 was substituted, as from 14 August 1986, by section 8 Local Government Amendment Act (No 3) 1986 (1986 No 50).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
239A Agreement for execution of works and development for regional planning purposes
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsections (2) to (7) were amended, as from 1 April 1988, by section 6 Local Government Amendment Act 1988 (1988 No 71).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
239B Joining of other local authorities in, and sharing of expenses of, works and development for regional planning
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 239B was amended, as from 1 April 1988, by section 7 Local Government Amendment Act 1988 (1988 No 71).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
240 Compensation payable by council for land taken or injuriously affected
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
241 Government works not to be interfered with
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1)(a) was substituted, as from 1 April 1988, by Local Government Amendment Act 1988 (1988 No 71).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
242 Council not authorised to create nuisance
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
243 Protection of permanent reference marks
-
[Repealed]
Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) the proviso was amended, as from 1 April 1987, by section 11(1) and (2) State-Owned Enterprises Amendment Act 1987 (1987 No 117), by substituting the words in square brackets.
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 16
Contracts
[Repealed]
Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
244 Interpretation
-
[Repealed]
Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
245 Contracts for works
-
[Repealed]
Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
246 Council may contract with Minister of Works and development and other local authorities and public bodies for execution of works
-
[Repealed]
Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
247 Co-operative contracts
-
[Repealed]
Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 16A
Works and contracts
Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
247A Commencement
-
[Repealed]
This Part of this Act shall come into force on the 1st day of November 1989.
Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 247A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
247B General powers
-
[Repealed]
(1) Every territorial authority shall have the power to undertake the planning, implementation, and maintenance of any work that, in the opinion of the territorial authority, is necessary or beneficial to the district, whether inside or outside the district.
(2) Every regional council shall have the power to undertake the planning, implementation, and maintenance of any work necessary to the performance of its functions and duties.
Compare: 1974 No 66 s 238(b)-(e); 1977 No 122 s 2
Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 247B was substituted, as from 1 July 1992, by section 30 Local Government Amendment Act 1992 (1992 No 42).
Section 247B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
247C General power to be involved in business and other ventures
-
[Repealed]
(1) A local authority may, for the purpose of performing any function or duty or of exercising any power conferred on it by or under this Act or any other Act, subject to this Act,—
(a) Form or participate in the formation and operation of a company, trust, partnership, or other body; and
(b) Subscribe for, or otherwise acquire, hold, and dispose of equity securities or debt securities of a company; and
(c) Become a member of a company limited by guarantee; and
(d) Subscribe for or otherwise acquire and dispose of units in a unit trust; and
(e) Acquire, hold, and dispose of an interest in, or membership of, a partnership, trust, or other body constituted under or authorised by any Act or deed or otherwise by law; and
(f) Enter into partnership or into any agreement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person carrying on or engaged in, or about to carry on or engage in, any business or transaction capable of being conducted so as to directly or indirectly benefit the local authority.
(2) If by virtue of any participation, subscription, or acquisition under subsection (1) of this section, a local authority has the right to elect or appoint some person to be a director of or hold office in or under a company, joint venture, trust, partnership, or other body, the local authority may elect or appoint any person to that office (whether or not that person is a member or officer of the local authority).
(3) Nothing in this section shall restrict the power of a local authority to form or hold any interest in any local authority trading enterprise under Part 34A of this Act.
Compare: 1974 No 66 s 239(1); 1986 No 50 s 8(1)
Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 247C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
247D Method to be adopted
-
[Repealed]
(1) A local authority may carry out its works and perform its functions—
(a) By using its own staff; or
-
(b) By entering into an arrangement or contract with—
(i) The Crown; or
(ii) Any local authority, department of State, State enterprise, public body, local authority trading enterprise, person, or organisation.
(2) In deciding under this section how to carry out any work or to perform any function, the local authority shall—
(a) Have regard to the requirements of section 223C of this Act and to the objectives stated in its annual plan under section 223D of this Act; and
(b) Give due consideration to the advantages and disadvantages of different options.
(2A) Notwithstanding subsection (2) of this section, a regional council shall not carry out its works or perform its functions by using its own staff unless it is satisfied that the advantages of this option for the ratepayers of the region clearly outweigh those of any other option.
(3) Any contract or arrangement entered into pursuant to this section may include provision for sharing of control, management, or profits, joint venture activity, reciprocal concessions or otherwise; and, for the avoidance of doubt, it is hereby declared that the Crown, every local authority, and every department of State has authority to enter into any such contract or arrangement with a local authority.
(4) Nothing in this section or any contract or arrangement entered into under the authority of this section shall relieve any local authority or any member or officer of the local authority of the liability to perform or ensure the performance of any function or duty imposed on the local authority or person by this or any other Act.
Compare: 1974 No 66 s 239(2); 1986 No 50 s 8(1)
Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (2A) was inserted, as from 1 July 1992, by section 31 Local Government Amendment Act 1992 (1992 No 42).
Subsection (2)(a) was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 247D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
247E Contracts and tenders
-
[Repealed]
(1) Where any local authority is contemplating entering into any contract for the supply of goods or services that is likely to involve the local authority in expenditure or financial commitment that the local authority considers significant, the local authority shall consider whether or not the matter shall be put to tender.
(2) Where any local authority decides not to put out to tender a contract to which subsection (1) of this section applies, the local authority shall ensure that the reasons for the decision are recorded in writing.
(3) In considering whether or not to put any matter to tender and whether or not to accept any tender, the local authority shall have regard to its objectives as stated in its annual report to the public under section 223D of this Act.
Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 247E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
247F Power to acquire land
-
[Repealed]
(1) Every local authority may purchase, take in the manner provided in the Public Works Act 1981, or otherwise acquire and hold, any land or interest in land, whether within or outside the district, which may be necessary or convenient—
(a) For the purposes of or in connection with any public work that the local authority is empowered to undertake, construct, or provide; or
(b) For carrying out any of the functions, duties, or powers of the local authority under this Act or any other Act.
(2) All land taken, purchased, or acquired under the Public Works Act 1981 shall be vested in the local authority for the purpose for which it was acquired and shall be subject to the provisions of that Act as to a change of that purpose or its disposal.
Compare: 1974 No 66 s 237A; 1977 No 122 s 2
Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 247F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
247G Compensation payable by local authority for land taken or injuriously affected
-
[Repealed]
(1) Every person having any estate or interest in any land—
(a) Taken under the authority of this Act for any public work; or
(b) Injuriously affected by any public work; or
(c) Suffering any damage from the exercise of any of the powers given by this Act,—
shall be entitled to full compensation for the same from the local authority to the extent provided in the Public Works Act 1981.
(2) All such compensation may be claimed and shall be determined in the manner provided by the Public Works Act 1981.
Compare: 1974 No 66 s 240; 1977 No 122 s 2
Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 247G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
247H Local authority not authorised to create nuisance
-
[Repealed]
Nothing in this Act entitles any local authority—
(a) To create a nuisance; or
(b) To deprive the Crown or any person of any right or remedy the Crown or that person would otherwise have against the local authority or any other person in respect of any nuisance.
Compare: 1974 No 66 s 242; 1977 No 122 s 2
Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 247H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 17
Documents and local archives
[Repealed]
Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).
248 Interpretation
-
[Repealed]
Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Local authority: amended, as from 1 April 1988, by section 9 Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“any Minister of the Crown”
for the words“the Minister of Works and Development”
.Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).
Documents
249 Council to make arrangements in connection with documents
250 Documents of district community councils and community councils
251 Documents of abolished local authorities
-
[Repealed]
Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 1 November 1989, by section 27(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression
“37ZZS”
for the expression“section 36”
.Subsection (1) was amended, as from 1 July 1992, by section 32(1) Local Government Amendment Act 1992 (1992 No 42) by substituting the expression
“section 37ZZZJ”
for the expression“section 27ZZS”
.Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).
252 Authentication of documents by council
-
[Repealed]
Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was amended, as from 1 November 1989, by section 28(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the words
“community board”
for the words“district community council or a community council”
.Subsection (1)(c) was amended, as from 1 November 1989, by section 28(2) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the words
“community board”
for the words“district community council of community council”
.Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).
253 Service of documents, etc
254 Loss or destruction of documents, etc
255 Certified copies of documents
Local archives
256 Protection of local archives
257 Use of local archives
258 Acquisition of local archives and other documents
259 Destruction of certain local archives
Part 18
General provisions as to functions and powers
[Repealed]
Part 18 (comprising sections 260 to 263) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
260 Functions of united councils
-
[Repealed]
Part 18 (comprising sections 260 to 263) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 20 November 1981, by section 2 Local Government Amendment Act 1981 (1981 No 13), by inserting the words
“or section 266A”
.Subsection (1) was amended, as from 12 January 1984, by section 13 Local Government Amendment Act 1983 (1983 No 132), by inserting the words
“or Part 19A”
.Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
261 Regional or united council may undertake constituent authority functions
-
[Repealed]
Part 18, comprising sections 260 to 263, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection 7 was amended, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by inserting the words
“within the immediately preceding 2 years”
.Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
262 Functions conferred by Order in Council
-
[Repealed]
Part 18, comprising sections 260 to 263, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
263 Provisions on transfer of functions
-
[Repealed]
Part 18, comprising sections 260 to 263, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 19
Functions of regional and united councils only
[Repealed]
Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
264 Interpretation
-
[Repealed]
Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
265 New regional functions
-
[Repealed]
Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
266 Councils to exercise civil defence functions
-
[Repealed]
Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
266A Functions relating to developments of regional importance
-
[Repealed]
Section 266A was inserted, as from 20 November 1981, by section 3 Local Government Amendment Act 1981 (1981 No 111).
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
267 Delegation of functions from Crown
-
[Repealed]
Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
268 Territorial authority may perform functions of regional council in certain circumstances
-
[Repealed]
Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
269 Out-districts
-
[Repealed]
Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 19A
Administration of petroleum rationing by regional councils and united councils
[Repealed]
Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).
269A Interpretation
-
[Repealed]
Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).
269B Regions for the purposes of this Part
-
[Repealed]
Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).
269C Councils to undertake petroleum products rationing
-
[Repealed]
Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).
269D Petroleum products rationing organisation plans
-
[Repealed]
Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).
269E Petroleum products rationing administrative plans
-
[Repealed]
Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).
269F Amendment to approved plans
-
[Repealed]
Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).
269G Regional and united councils and territorial authorities to give effect to operative petroleum products rationing plans
-
[Repealed]
Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).
Part 20
Subdivision and development of land
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
270 Interpretation and application
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
270A Local Government Amendment Act 1981 not to apply to certain developments not completed at 1 January 1981
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was inserted, as from 1 January 1981, by s. 5 Local Government Amendment Act 1981 (1981 No 13), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
271 Subdivision defined
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (6) was repealed, as from 12 December 1979, by section 4(3) Local Government Amendment Act 1979 (1979 No 59).
Part 20, comprising sections 270 to 314, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
271A Subdivision defined
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(aa) was inserted, as from 30 March 1985, by section 23 Local Government Amendment Act 1985 (1985 No 60).
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
272 Subdivision defined
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
273 Application of this Part to subdivision or development by council
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 273 was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by omitting the words
“or development”
and“in the case of a subdivision”
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
273A Application of this Part to developments by local authorities
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words
“the council or by”
in two places.Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
273B Application of this Part to development by hospital boards
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was inserted, as from 20 November 1981, by section 11 Local Government Amendment Act (No 2) 1981.
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
273C Application of this Part to relocatable home parks
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was inserted, as from 30 March 1985, by section 24 Local Government Amendment Act 1985.
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
274 Subdivision not to be permitted in certain circumstances
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
275 Scheme plan to be submitted to council
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(b) was repealed, as from 19 January 1980, by section 32 Local Government Amendment Act 1980 (1980 No 82).
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
276 Concept plan may be required in certain cases
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
277 Concept plan to be referred to certain authorities
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Paragraph (d)(i) was amended, as from 1 April 1982, by section 120(5) New Zealand Railways Corporation Act 1981 (1981 No 119), by substituting a reference to a
“New Zealand Railways Corporation railway”
for a reference to a“Government railway”
.Paragraphs (d) and (e) were substituted, as from 1 April 1988, by section 11 Local Government Amendment Act 1988 (1988 No 71).
Paragraph (d) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
278 Action to be taken in respect of concept plan
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
279 Powers of council where scheme plan submitted
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (2)(da) was inserted, as from 20 November 1981, by section 12(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Subsection (2)(n) was substituted, as from 30 March 1985, by section 25 Local Government Amendment Act 1985 (1985 No 60).
Subsection (3) was amended, as from 20 November 1981, by section 12(1) Local Government Amendment Act (No 2) 1981 (1981 No 111) by inserting the words
“or paragraph (da)”
.Subsections (8) and (8A) were substituted, as from 1 April 1988, by section 12 Local Government Amendment Act 1988 (1988 No 71).
Subsection (8) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Subsection (8A) was substituted, as from 28 August 1990, by section 35 New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
280 Council and owner may agree for subdivision to proceed
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
281 Application of Part 21
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
282 Minimum frontage and area requirements
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words
“section 684 of this Act”
for the words“section 386 of the Municipal Corporations Act 1954 or, as the case may require, section 401 of the Counties Act 1956”
.Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
283 Public water supply, drainage, electricity reticulation, and gas supply
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) (that part before paragraph (a)), and the proviso to subsection (3), were amended, as from 1 January 1981, by section 7 Local Government Amendment Act 1981 (1981 No 13) by inserting the word
“administrative”
.Subsection (1)(a) was amended, as from 1 January 1981, by section 7 Local Government Amendment Act 1979 (1979 No 59) by substituting the words
“service the subdivision”
for the words“service the system”
.Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
284 Reserves policy
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
285 Reserves contributions in case of residential sub-divisions
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
286 Reserves contributions in respect of subdivision for commercial or industrial purposes
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
287 Reserves contributions previously paid
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
288 Payment and use of reserves contributions
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (3)(h) was inserted, as from 20 November 1981, by section 13 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
289 Reserves along areas of water
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
In subsections (1), (2), (4), (7), and (8) the word
“Conservation”
was substituted for the word“Lands”
, as from 1 April 1987, pursuant to section 11(1) State-Owned Enterprises Amendment Act 1987 (1987 No 117).Subsection (1) was amended, as from 1 January 1980, by section 30(2)(a) Reserves Amendment Act 1979 (1979 No 63) by inserting the words
“for esplanade purposes”
.Subsection (3) was amended, as from 1 January 1980, by section 30(2)(a) Reserves Amendment Act 1979 (1979 No 63) by substituting the words
“for the purposes specified in the said subsection (1) or subsection (2), as the case may be,”
or the words“for recreation purposes”
.Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
290 Compensation in respect of land along areas of water set aside as reserves
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word
“Conservation”
for the word“Lands”
,Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
291 Preservation of trees and buildings of historic interest and wildlife habitat
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (2) was amended, as from 1 January 1981, by section 8 Local Government Amendment Act 1981 (1981 No 13) by inserting the words
“or development levy”
.Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
292 Reserves for future service lanes
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
293 Development plans
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 293 was substituted, as from 14 January 1983, by section 16(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Subsections (9) and (9A) were substituted, as from 1 April 1988, by section 13 Local Government Amendment Act 1988 (1988 No 71).
Subsection (9) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294 Reserves and public services contributions in respect of development
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 20 November 1981, by section 10(1) Local Government Amendment Act 1981 (1981 No 13) by substituting the words
“administrative, commercial, or industrial purposes, or any 2 or more such purposes and the assessed value of the development is not in excess of $50 million”
for the words“commercial or industrial purposes or both such purposes”
.Subsection (1)(a) was substituted, as from 20 November 1981, by section 10(2) Local Government Amendment Act 1981 (1981 No 13)
Subsection (3) was repealed, as from 12 December 1979, by section 4(4)(b) Local Government Amendment Act 1979 (1979 No 59).
Subsection (7) was amended, as from 12 December 1979, by section 4(4)(c) Local Government Amendment Act 1979 (1979 No 59) by inserting the words
“or for the due compliance, in their application to the development, of sections 280, 281, 283, 289, 290, 291, 292, and 302 of this Act”
.Subsection (7) was further amended, as from 20 November 1981, by section 10(1) Local Government Amendment Act 1981 (1981 No 13) by omitting the expression
“290”
.Subsection (9) was repealed, as from 12 December 1979, by section 4(5) Local Government Amendment Act 1979 (1979 No 59).
Subsections 10 and 11 were inserted as from 12 December 1979, by section 4(5) Local Government Amendment Act 1979 (1979 No 59).
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294A Calculation of development levy
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).
Subsection (1) was amended, as from 14 January 1983, by section 16(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the expression
“section 293(3)”
for the expression“section 293(5)”
.Subsections (1), (2)(b), (3), and (5)(b) were amended, as from 14 January 1983, by section 17(1)(a) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words
“or amount”
.Subsection (3) was amended, as from 14 January 1983, by section 17(1)(b) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words
“, after the making of any amendment or reduction under section 294FA of this Act,”
.Subsection (5)(c) was amended, as from 14 January 1983, by section 20(4) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words
“or payment”
.Subsection (9) was substituted, as from 14 January 1983, by section 17(2) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Subsections (10) and (11) were inserted, as from 23 October 1981, by section 11 National Development Amendment Act 1981 (1981 No 130) and repealed, as from 17 December 1986, by section 2(1)(g) National Development Act Repeal Act 1986 (1986 No 122).
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294B Application of other sections to developments
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294C Variation of development plan or conditions imposed
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294D Reserves contributions or development levy where development varied
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).
Subsection (2)(a) and (b) was amended, as from 14 January 1983, by section 16(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the expression
“section 293(3)”
for the expression“section 293(5)”
.Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294E Redetermination of assessed value
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).
Subsections (2) and (4) were amended, as from 14 January 1983, by section 16(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the expression
“section 293(3)”
for the expression“section 293(5)”
.Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294F Determination of actual capital value of development
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).
Subsection (1) was substituted, as from 14 January 1983, by section 18 Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294FA Amendment of development levy when development completed
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was inserted, as from 14 January 1983, by section 19 Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294G Calculation of reserves contributions and development levy when development completed
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43)
Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294H Application of development levies fixed by united council or regional council
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).
Subsections (1A) to (1C) were inserted, as from 14 January 1983, by section 20(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Subsection (2) was amended, as from 14 January 1983, by section 20(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the words
“payable to the territorial authority in whose district the development is situated”
for the words“assessed on the first $50 million of the value of the development shall be paid to the territorial authority within whose district the development is to be constructed and”
.Subsection (3) was amended, as from 14 January 1983, by section 20(3) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the words
“that is not payable to a territorial authority under subsection (1C) of this section”
for the words“on the value of the development in excess of $50 million”
.Subsection (3)(d) was amended, as from 30 March 1985, by section 27 Local Government Amendment Act 1985 by inserting the expression
“XXXII”
.Subsection (3)(d) was amended, as from 1 November 1989, by section 30(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression
“XVIA”
for the expression“XV”
.Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
294I Owner to contribute to certain regional works
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was inserted, as from 1 January 1981, by section 13 Local Government Amendment Act 1981 (1981 No 13).
Subsection (1) was amended, as from 14 January 1983, by section 16(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the expression
“section 293(3)”
for the expression“section 293(5)”
.Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
295 Provision for parking
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was substituted, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the word
“site”
for the the word“allotment”
.Subsection (3) was amended, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the word
“sites”
for the the word“allotments”
.Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
296 Variation or revocation of scheme plan or conditions imposed
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
297 Refund of money if scheme plan revoked or lapses
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
297A Refund of money and return of land where development does not proceed
-
[Repealed]
This section was inserted, as from 1 January 1981, by section 14 Local Government Amendment Act 1981 (1981 No 13), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
298 Valuation of land or of work done
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
299 Objections to council's decisions
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 January 1981, by section 15(1)(a) Local Government Amendment Act 1981 (1981 No 13) by inserting the expression
“271A”
.Subsection (1) was further amended, as from 1 January 1981, by section 15(1)(b) Local Government Amendment Act 1981 (1981 No 13) by substituting the expression
“293 to 297A”
for the numbers“294, 295, 296”
.Subsection (8) was inserted, as from 1 January 1981, by section 15(2) Local Government Amendment Act 1981 (1981 No 13).
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
300 Appeals to Planning Tribunal
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 January 1981, by section 16 Local Government Amendment Act 1981 (1981 No 13) by inserting the words
“or the united council or regional council”
.Subsection (1)(b) was substituted, as from 30 March 1985, by section 28(1) Local Government Amendment Act 1985 (1985 No 60).
Subsection (1)(c) was substituted, as from 1 April 1988, by section 14 Local Government Amendment Act 1988 (1988 No 71).
Subsections (1)(d), (2)(b) and (2)(c) were amended, as from 1 April 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by omitting the words
“of the council”
.Paragraph (2)(a) was amended, as from 30 March 1985, by section 28(2) Local Government Amendment Act 1985 (1985 No 60), by omitting the words
“of the council”
.Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
301 Appeal against determination of valuer
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was substituted, as from 1 January 1981, by section 17 Local Government Amendment Act 1981 (1981 No 13).
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
302 Work may be begin pending decision on objection or appeal
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
303 Completion certificate
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
304 Bonds
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was substituted, as from 19 January 1981, by section 33(1) Local Government Amendment Act 1980 (1980 No 82).
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
305 Survey plan may be submitted to council for approval
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
306 Survey plan to be deposited
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(g) was substituted, as from 18 May 1982, by section 2(1) Local Government Amendment Act 1982 (1982 No 3).
Subsection (3)(d) was amended, as from 14 January 1983, by section 28(1) Local Government Amendment Act (No 2) 1982 (1982 No 166) by omitting the words
“in the County of Fiord or”
.Subsection (4) was amended, as from 14 January 1983, by section 28(1) Local Government Amendment Act (No 2) 1982 (1982 No 166) by omitting the words
“land in the County of Fiord or”
.Subsection (7)(b) was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).
Subsection (7)(b)(ii) was amended, as from 1 February 1990, by section 9(2) Survey Amendment Act (No 3) 1989 by substituting the reference to the
“Commissioner of Crown Lands”
for the reference to the“Director-General of Lands”
.The words
“Commissioner of Crown Lands”
were substituted for the words“Director-General of Lands”
, as from 1 February 1990, pursuant to section 9(2) Survey Amendment Act (No 3) 1989 (1989 No 139).Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
306A Vesting of land in council in respect of a development
-
[Repealed]
This section was inserted, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
307 Agreement to sell land or building before deposit of plan
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
308 Plan approved subject to amalgamation or transfer of allotments
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 20 November 1981, by section 12(3) Local Government Amendment Act (No 2) 1981 (1981 No 111) by inserting the words
“or paragraph (da)”
.Subsection (3)(a) was substituted, as from 19 January 1981, by section 35(1) Local Government Amendment Act 1980 (1980 No 82).
Subsection (5) was amended, as from 19 January 1981, by section 35(1) Local Government Amendment Act 1980 (1980 No 82) by substituting the words
“because of the provisions of subsection (3) or”
for the words“owing to the provisions of”
.Subsection (9) was amended, as from 13 January 1984, by section 15(a) Local Government Amendment Act 1983 (1983 No 132) by omitting the expression
“subsection (4) of”
.Subsection (9) was further amended, as from 13 January 1984, by section 15(b) Local Government Amendment Act 1983 (1983 No 132) by substituting the word
“agreement”
for the word“certificate”
.Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
309 Plan approved subject to grant or reservation of easements
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
310 Contravention not to affect title to land
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
311 Offences
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
312 Savings as to previous approvals
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979 (though see next note), by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (2) and (5) were deemed to have come into force on 1 June 1978: see section 1(3) Local Government Amendment Act 1978 (1978 No 43).
Subsection (2) was amended, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by inserting the words
“he is satisfied, after due inquiry, that”
.Subsection (2)(f) was substituted, as from 18 May 1982, by section 3(1) Local Government Amendment Act 1982 (1982 No 3).
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
313 Code of urban subdivision
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
314 Registration of company leases and cross leases
-
[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 314 was substituted, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).
Section 314 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Part 21
Roads (other than regional roads), service lanes, and access ways
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
315 Interpretation
-
(1) In this Part of this Act, unless the context otherwise requires,—
Access way means any passage way, laid out or constructed by the authority of the council or the Minister of Works and Development or, on or after the 1st day of April 1988, the Minister of Lands for the purposes of providing the public with a convenient route for pedestrians from any road, service lane, or reserve to another, or to any public place or to any railway station, or from one public place to another public place, or from one part of any road, service lane, or reserve to another part of that same road, service lane, or reserve
Access way: this definition was amended, as from 1 April 1988, by section 15(a) Local Government Amendment Act 1988 (1988 No 71) by inserting the words
“or, on or after the 1st day of April 1988, the Minister of Lands”
.Council means a territorial authority; and, in relation to land that does not form part of any district means the Minister of Local Government
Council: this definition was amended, as from 1 April 1988, by section 15(b) Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Minister of Local Government”
for the words“Minister of Works and Development”
.District means the district of a territorial authority; and, in relation to land in respect of which the Minister of Local Government is the council, means that land
District: this definition was amended, as from 1 April 1988, by section 15(c) Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Minister of Local Government”
for the words“Minister of Works and Development”
.Footpath means so much of any road as is laid out or constructed by authority of the council primarily for pedestrians; and includes the edging, kerbing, and channelling thereof
Private road means any roadway, place, or arcade laid out or formed within a district on private land, whether before or after the commencement of this Part of this Act, by the owner thereof, but intended for the use of the public generally
Private road: this definition was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the words
“or formed”
.Private way means any way or passage whatsoever over private land within a district, the right to use which is confined or intended to be confined to certain persons or classes of persons, and which is not thrown open or intended to be open to the use of the public generally; and includes any such way or passage as aforesaid which at the commencement of this Part of this Act exists within any district
Regional council
[Repealed]
Regional council: this definition was repealed, as from 1 July 1992, by section 34 Local Government Amendment Act 1992 (1992 No 42).
Road means the whole of any land which is within a district, and which—
(a) Immediately before the commencement of this Part of this Act was a road or street or public highway; or
(b) Immediately before the inclusion of any area in the district was a public highway within that area; or
(c) Is laid out by the council as a road or street after the commencement of this Part of this Act; or
(d) Is vested in the council for the purpose of a road as shown on a deposited survey plan; or
(e) Is vested in the council as a road or street pursuant to any other enactment;—
and includes—
(f) Except where elsewhere provided in this Part of this Act, any access way or service lane which before the commencement of this Part of this Act was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part of this Act or is declared by the Minister of Lands as an access way or service lane on or after the 1st day of April 1988:
(g) Every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—
but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989
Scheme plan
[Repealed]
Scheme plan: this definition was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Service lane means any lane laid out or constructed either by the authority of the council or the Minister of Works and Development or, on or after the 1st day of April 1988, the Minister of Lands for the purpose of providing the public with a side or rear access for vehicular traffic to any land
Service lane: this definition was amended, as from 1 April 1988, by section 15(e) Local Government Amendment Act 1988 (1988 No 71) by inserting the words
“or, on or after the 1st day of April 1988, the Minister of Lands”
.Survey plan has the same meaning as in the Resource Management Act 1991.
Survey plan: this definition was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
(2) [Repealed]
(3) Nothing in this Part of this Act shall be construed as imposing any obligation on the council in relation to any private road or private way.
(4) Every accretion to any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake caused by the action of the river or stream or of the sea or lake shall form part of the road.
(5) Where any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake is eroded by the action of the river or stream or of the sea or lake, the portion of road so eroded shall continue to be a road.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 315(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Road: paragraph (f) of this definition was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words
“or is laid out or constructed by or vested in any council as an access way or service lane”
. It was further amended, as from 1 April 1988, by section 15(d) Local Government Amendment Act 1988 (1988 No 71) by inserting the words“or is declared by the Minister of Lands as an access way or service lane on or after the 1st day of April 1988”
.Road: paragraph (g) of this definition was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression
“Public Works Act 1981”
for the expression“Public Works Amendment Act 1947”
.Subsection (2) was repealed, as from 1 April 1980 by section 9(1) Local Government Amendment Act 1979 (1979 No 59).
316 Property in roads
-
(1) Subject to section 318 of this Act, all roads and the soil thereof, and all materials of which they are composed, shall by force of this section vest in fee simple in the council of the district in which they are situated. There shall also vest in the council all materials placed or laid on any road in order to be used for the purposes thereof.
(2) At the request of the New Zealand Transport Agency, a council may accept or relinquish its property, or any part of its property, in a State highway.
(3) If a council acts under subsection (2),—
(a) the property in the State highway vests in the council or in the Crown (as the case may be) without any instrument of transfer; and
(b) on presentation of an authenticated copy of the relevant resolution, the Registrar-General of Land must alter the register accordingly.
(4) In this section the term road does not include—
(a) Any Government road:
(b) Any State highway or part of a State highway situated in a county or in that part of the district of a district council which before the constitution of the district was or formed part of a county:
(c) Any road in respect of which the Minister of Local Government is the council:
(d) Any regional road or part thereof (as defined in Part 22 of this Act) which is vested in the regional or united council.
Compare: 1954 No 76 s 170(1); 1956 No 64 s 191A(1); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (2) and (3) were substituted, as from 7 July 2004, by section 4 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 316(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (2) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Subsection (4)(c) was amended, as from 23 July 1988, by section 11 Local Government Amendment Act (No 3) 1988 (1988 No 109) by substituting the words
“Minister of Local Government”
for the words“Minister of Works and Development”
.
317 Control of roads
-
(1) Subject to section 318 of this Act, all roads in the district shall be under the control of the council:
Provided that—
(a) A State highway or part thereof shall be under the control of the council only where the New Zealand Transport Agency has, under section 62 of the Government Roading Powers Act 1989, delegated that control to the council:
(b) A Government road shall be under the control of the Minister of Transport:
(c) [Repealed]
(2) Any powers conferred on the council by this Part of this Act may be exercised—
(a) In relation to any State highway or part thereof, only if that State highway or part is under the control of the council or the exercise of that power by the council has been consented to by the New Zealand Transport Agency:
(b) [Repealed]
Compare: 1954 No 76 s 170(2); 1956 No 64 s 191A(2); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 317(1) proviso paragraph (a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (1)(a) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
, and by substituting the words“section 62 of the Transit New Zealand Act 1989”
for the words“section 13 of the National Roads Act 1953”
.Subsection (1) proviso (b) was amended, as from 1 April 1988, by section 16 Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Minister of Transport”
for the words“Minister of Works and Development”
.Subsection (1) proviso, paragraph (c), was repealed, as from 1 July 1992, by section 35 Local Government Amendment Act 1992 (1992 No 42).
Section 317(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (2)(a) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Subsection (2)(b) was repealed, as from 1 July 1992, by section 35 Local Government Amendment Act 1992 (1992 No 42).
318 Control and maintenance of boundary roads
-
(1) Where a final reorganisation scheme under Part 1 of this Act contains provision whereby any road forms the boundary of 2 or more districts, whether that road is wholly within one or is partly within one and is partly within another of those districts, the Commission, if so requested by any territorial authority affected by the scheme, may determine—
(a) In which council or councils the road shall vest; and
(b) Which council or councils shall control the road; and
(c) Whether any other council shall contribute to the cost of the construction, maintenance, lighting, widening, reconstruction, or upgrading of that road, and if so, in what proportions.
(2) Where the Commission determines, pursuant to subsection (1)(c) of this section that any council is liable to pay any proportion of the cost of construction, maintenance, lighting, widening, or reconstruction, or upgrading of a road, the amount of that proportion shall be recoverable from that council in any Court of competent jurisdiction as a debt due to the council having control of the road.
(3) On the commencement of this Part of this Act, all warrants made under section 120 of the Public Works Act 1928 before the commencement of this Part of this Act shall remain in force until such time as they are either revoked by the Minister, by notice in the Gazette, or amended by an Order in Council made under section 36 of this Act giving effect to a final reorganisation scheme.
Compare: 1928 No 21 s 120
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Formation, alteration, stopping, and closing of roads
319 General powers of councils in respect of roads
-
The council shall have power in respect of roads to do the following things:
(a) To construct, upgrade, and repair all roads with such materials and in such manner as the council thinks fit:
(b) [Repealed]
(c) To lay out new roads:
(d) To divert or alter the course of any road:
(e) To increase or diminish the width of any road subject to and in accordance with the provisions of the district plan, if any, and to this Act and any other Act:
(f) To determine what part of a road shall be a carriageway, and what part a footpath or cycle track only:
(g) To alter the level of any road or any part of any road:
(h) To stop or close any road or part thereof in the manner and upon the conditions set out in section 342 and Schedule 10 to this Act:
(i) To make and use a temporary road upon any unoccupied land while any road adjacent thereto is being constructed or repaired:
(j) To name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road:
(k) To sell the surplus spoil of roads:
(l) For the purpose of providing access from one road to another, or from one part of a road to another part of the same road, to construct on any road, or on land adjacent to any road, elevators, moving platforms, machinery, and overhead bridges for passengers or other traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith.
Compare: 1954 No 76 s 170(4)(a)-(h), (j), (l)-(o); 1956 No 64 s 191A(5)(a)-(h), (j), (l)-(o); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Paragraph (a) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the word
“upgrade”
.Paragraph (b) was repealed, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).
Paragraph (e) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“district plan”
for the words“district scheme”
.
319A Naming of roads
-
If the council names any road for the first time, or alters the name of a road, the council must as soon as practicable send a copy of the relevant resolution to the Registrar-General of Land and the Surveyor-General.
Section 319A was inserted, as from 19 January 1981, by section 37 Local Government Amendment Act 1980 (1980 No 82).
Section 319A was substituted, as from 7 July 2004, by section 5 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
319B Allocation of property numbers
-
(1) For electoral, postal, and other purposes the council may allocate a number to any area of land or building or part of a building within its district and may change the number allocated to any such area of land or building.
(2) The council shall comply with any request from a Chief Surveyor to allocate a number to or change the number of any area of land or building or part of a building in its district.
(3) The principal administrative officer shall advise the Chief Surveyor of the land district in which the land or building is situated of the numbers allocated under subsection (1) or subsection (2) of this section.
Section 319B was inserted, as from 30 March 1985, by section 29 Local Government Amendment Act 1985 (1985 No 60).
320 Certain powers as to roads to be exercised by special order
-
[Repealed]
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 17 December 1982, by section 21 Local Government Amendment (No 2) Act 1982 (1982 No 166) by substituting the words
“lay out”
for the word“form”
.Subsection (2)(b) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“approved by the Council under Part 10 of the Resource Management Act 1991”
for the words“approved by the council under Part 20 of this Act”
.Section 320 was repealed, as from 7 July 2004, by section 6 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
321 Road access
-
[Repealed]
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“within land to be subdivided pursuant to the Resource Management Act 1991”
for the words“on a scheme plan”
.Subsection (2)(e)(i) was amended, as from 28 November 1991, by section 2(2) Local Government Amendment Act (No 3) 1991 (1991 No 115) by substituting the words
“grant a subdivision consent”
for the words“approve the scheme plan”
.Subsection (3)(c) was amended, as from 28 November 1991, by section 2(1) Local Government Amendment Act (No 3) 1991 (1991 No 115) by substituting the words
“section 220(1)(b)(iv) of the Resource Management Act 1991 or the equivalent provisions of any former enactment”
for the words“section 279(2)(e) of this Act”
.Subsection (3)(ca) was inserted, as from 28 November 1991, by section 2(3) Local Government Amendment Act (No 3) 1991 (1991 No 115).
Subsection (3)(ca)(iii) was inserted, as from 7 July 1993, by section 226(5) Resource Management Amendment Act 1993 (1993 No 65).
Section 321 was repealed, as from 1 August 2003, by section 98(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
321A Roading contributions as condition of approval of scheme plan
-
[Repealed]
Section 321A was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 321A was substituted, as from 30 March 1985, by section 30(1) Local Government Amendment Act 1985.
Section 321A was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
322 Land for road formation or widening
-
[Repealed]
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
In subsection (1) the words
“or further or other provision”
were omitted, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985.In subsection (2) the words
“or upgrading”
were substituted, as from 30 March 1985, for the words“extending, or widening”
by section 39(1) Local Government Amendment Act 1985.Section 322 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
323 Unformed roads in the district
-
(1) Where the land comprising any unformed road existing at the commencement of this Part of this Act was immediately before the commencement of this Part of this Act vested in the Corporation of the district by section 191A(1) of the Counties Act 1956, the Minister of Lands may, by notice in writing to the council given at any time while the land, or, as the case may be, the part thereof specified in the notice, continues to be an unformed road, require the council to transfer that land or that specified part thereof to the Crown without consideration, and the council shall transfer it to the Crown accordingly.
(2) On the publication in the Gazette of a notice by the Minister of Lands declaring that any land or part thereof referred to in subsection (1) of this section has been transferred to the Crown pursuant to this section, the land transferred shall cease to be a road and shall be deemed to be Crown land subject to the Land Act 1948.
Compare: 1956 No 64 s 191B: 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
324 Council may contribute to cost of formation, maintenance, etc, of roads outside the district
-
(1) The council may from time to time contribute from the general revenues of the district towards the funds of the council of any adjoining district for the purpose of the formation, maintenance, repair, widening, or upgrading of any road which is outside the limits of the district but in the opinion of the council is in great measure used by the residents thereof.
(2) Any regional or united council may from time to time contribute towards the funds of any constituent authority for the purpose of the formation, maintenance, repair, widening, or upgrading of any road (whether a regional road or not) within the district of that constituent authority.
Compare: 1954 No 76 s 171; 1956 No 64 s 193
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1) and (2) were amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word
“upgrading”
for the words“otherwise improving”
.
324A Power to carry out works on Maori roadway
-
(1) The council may from time to time—
(a) Maintain, repair, or improve any roadway laid out in the district in accordance with Part 14 of Te Ture Whenua Maori Act 1993; or
(b) Contribute towards the cost of maintaining, repairing, widening, or improving any roadway of the kind described in paragraph (a) of this subsection.
(2) The council shall, before exercising in respect of any roadway, any of the powers conferred on it by subsection (1) of this section, obtain the written consent of—
(a) The owners of the land comprising that roadway; and
(b) The owners of the land adjoining that roadway if those owners are not the owners of the land comprising the roadway.
(3) In any case where the owners of land comprising or adjoining a roadway laid out pursuant to Part 14 of Te Ture Whenua Maori Act 1993 are or are believed to be Maori and their whereabouts are unknown, consent under subsection (2) of this section may be obtained by applying to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 10 of Te Ture Whenua Maori Act 1993.
(4) The Maori Land Court shall deal with any application made pursuant to subsection (3) of this section as if a notice under an enactment had been issued to the owners.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was inserted, as from 6 June 1989, by section 31 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 324A(1)(a): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
Section 324A(3): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
325 Road widths
-
[Expired]
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words
“section 684 (13) of this Act”
for the words“section 386 (12) of the Municipal Corporations Act 1954 or, as the case may be, section 401 (13) of the Counties Act 1956”
.Subsection (3) was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69). That subsection provided that this section should expire as from 1 January 1993.
326 Betterment arising from creation or widening of a road
-
(1) Notwithstanding anything in section 62(1)(f) of the Public Works Act 1981 or in any other Act, where—
-
(a) The council—
(i) Forms a new road in the district; or
(ii) Widens any existing road or part thereof in the district; and
(b) For that purpose the council takes or purchases or otherwise acquires any part of any land and the other part of that land will have access or frontage to that road; and
(c) By reason of the formation or widening of the road the value of the remaining part of the land of the owner whose land was taken or purchased or acquired is increased by an amount that exceeds the amount of compensation payable to him, in accordance with the Public Works Act 1981, in respect of his land so taken or purchased or acquired,—
the owner shall pay the amount of that excess to the council by way of betterment to the remaining part of his land.
(2) Where an existing road is widened and land from only one side of the road is taken or purchased or otherwise acquired for that purpose, every owner of land with a frontage to the other side of the road shall, if so required by the council, pay to the council on account of betterment such sum of money as represents the increased value thereby given, or likely to be given, to his land. Where only part or parts of a road are widened, only those owners of land with frontages directly opposite the part or parts being widened may be required to pay betterment pursuant to this subsection.
(3) Any claim for payment of betterment under subsection (1) or subsection (2) of this section shall be made within one year from the execution of the work out of which it arose, and shall be made in form 1 in Schedule 12 to this Act. The amount to be paid to the council shall be ascertained in the manner provided by the Public Works Act 1981, or in a manner as near thereto as in the opinion of the Land Valuation Tribunal the circumstances of each claim will admit.
(4) Any or all claims arising out of the widening of any road or part thereof may, with the consent in writing of all parties, be heard and determined together, and the Land Valuation Tribunal shall have power, on the application of any party, to order that all or any claims under this section in respect of land in which several persons have interest shall be heard and determined together and to apportion the amount awarded on account of betterment and the costs of proceedings against the several persons, in such proportions and in such manner as it thinks fit.
(5) Any person liable may, if he so desires, pay the amount awarded to be payable by him, with interest at a rate per annum as fixed by the council, by equal half-yearly instalments extending over a period of 20 years or less, in which case he shall—
(a) Within 14 days after the date of the award, give notice in writing to the principal administrative officer of the council of the period over which he intends to extend payment; and
(b) Within one month after the date of the award, execute and deliver to the principal administrative officer a memorandum of charge, in form 2 in Schedule 12 to this Act, upon the estate or interest forming the subject of the charge against him, and pay the costs of the preparation and completion of that memorandum;—
and thereupon the respondent shall have the right to pay that amount by instalments as set forth in the notice and memorandum of charge as aforesaid.
(6) [Repealed]
(7) The memorandum of charge shall, when registered, bind the property therein described, and operate as a first charge upon the estate or interest therein of the respondent, and rank in priority to all estates, encumbrances, and interests created by him or any of his predecessors in title.
(8) Any such charge may be registered without fee in the Land Registry Office or in the Deeds Register Office of the land registration district wherein the land affected thereby is situate.
(9) Notwithstanding anything to the contrary in any such charge, the council shall accept payment of the whole of the unpaid instalments secured by any such memorandum of charge at any time when the same is tendered, and for the purpose of any such tender interest shall be calculated and paid up to and including the day of tender.
(10) A receipt expressed to be in full for all money secured by any such memorandum, signed by the principal administrative officer and endorsed on the memorandum, shall vacate the charge.
(11) Money received by the council under this section as betterment shall be credited against the cost of the formation or widening of the road or part thereof which includes the acquisition of the land required for the work and the formation, sealing, kerbing, and channelling. Where the money received is more than sufficient to meet the cost of the work, the amount of the excess shall be applied in respect of the widening or formation of any other road within the district.
(12) In this section the term road does not include an access way.
Compare: 1954 No 76 s 192; 1956 No 64 s 191H; 1968 No 123 s 17(1), (2)(a); 1971 No 62 s 21; 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1) and (1)(c) and (3) were amended, as from 1 February 1982, by substituting
“the Public Works Act 1981”
for“the Public Works Amendment Act 1947”
.Subsection (1)(b) was amended, as from 19 January 1981, by section 38 Local Government Amendment Act 1980 (1980 No 82) by inserting the words
“part of any land and the other part of that land”
for the words“land that”
.Subsection (1)(c) was amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word
“formation”
for the word“creation”
.Subsection (6) was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Subsection (11) was amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word
“formation”
for the word“creation”
. -
327 Building-line restrictions
-
[Repealed]
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 327 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
327A Building-line restrictions
-
Where a building-line restriction has been imposed under this Act or any former enactment, and the council subsequently determines that the building-line restriction be cancelled, the council shall send notice of cancellation to the District Land Registrar or Registrar of Deeds, as the case may require, who shall amend his or her records accordingly.
Section 327A was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
328 Building-line restrictions provided in district scheme
-
[Repealed]
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 328 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69)
329 Road gradients
-
(1) No road shall be laid out or constructed by the council, and no road or proposed road on any scheme plan shall be approved by the council, with a grade in any part of its length steeper than—
(a) That fixed by any operative district plan for the district; or
(b) Where there is no such district scheme or no such grade is specified in any such district scheme, that fixed by any bylaw or resolution of the council; or
(c) One metre in 8 metres, in any case where that grade is not fixed by any such district plan or by any bylaw or resolution of the council.
(2) In this section the term road does not include an access way.
Compare: 1954 No 76 s 170(3); 1956 No 64 s 191A(4); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The words
“district plan”
, in paragraph (a), were substituted for the words“district scheme”
, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69), which substituted a definition of the first term for a definition of the latter.Subsection (1)(b) was amended, as from 7 July 2004, by section 7(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words
“resolution of”
for the words“special order made by”
.The words
“district plan”
, in paragraph (c), were substituted for the words“district scheme”
, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69), which substituted a definition of the first term for a definition of the latter.Subsection (1)(c) was amended, as from 7 July 2004, by section 7(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words
“resolution of the council”
for the words“special order”
.
330 Road levels
-
(1) The council may, if it thinks fit, make a map of the district or any specified portion thereof showing all roads therein with the levels thereof. Any map so made may be amended from time to time, and shall be open for public inspection at all reasonable hours at the office of the council.
(2) All buildings erected in any part of the district for which a map has been made as aforesaid, shall be constructed with proper regard to the levels shown on the map.
(3) Any person who erects any building abutting on a road without regard to the level of the road shall be liable to pay to the council any expenses incurred by the council in altering the level of the road adjacent to the building.
(4) The council may at any time, either before or after the making of any such map, fix the level of any road, subject to the conditions set out in Schedule 13 to this Act:
Provided that where no building or land appurtenant thereto fronts upon any road the conditions numbered (1) to (5) in that Schedule need not apply.
(5) Where a road crosses the boundary of a district or meets another road on such a boundary, the level of the road at the point of crossing or meeting shall not be altered without the agreement of both councils controlling the respective roads.
(6) It shall be lawful for the council to throw the batter or make the slope of any road (not being a private road) upon any land, subject to the payment of compensation, to be claimed and ascertained under the Public Works Act 1981.
(7) No compensation shall be payable by the council in respect of an alteration in the level of any road, unless the alteration has been made after that level has been fixed under this Act or the corresponding provisions of any former Act, or after the road has been constructed in some permanent manner by any local authority having the power to do so.
(8) In this section, unless the context otherwise requires, the term road includes a private road, but does not include an access way.
Compare: 1954 No 76 s 170(3); 1956 No 64 s 191A(4); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
331 Footpaths and channels
-
(1) the council may, in such manner as it thinks fit, form or upgrade footpaths on one side or both sides of any road, and may construct those footpaths of such dimensions and of such materials and in such manner as it thinks fit, and may impose a charge not exceeding half the cost of those works upon the owners of lands and buildings fronting the road. The amount so imposed shall be payable to the council and until paid shall be in every case a charge on the land.
(2) In forming or reforming any road or part thereof (not being a road in a rural area), the council shall ensure that reasonable and adequate provision is made for the kerb and channel of any footpath or part thereof to be formed or reformed so as to permit safe and easy passage from kerb to kerb of any mechanical conveyance normally and lawfully used by a disabled person:
Provided that the New Zealand Transport Agency may at any time exempt in whole or in part the forming or reforming of any road or part thereof from any requirements of this subsection, if, having regard to all the circumstances, the New Zealand Transport Agency considers that it is reasonable to grant the exemption.
Compare: 1954 No 76 s 178; 1956 No 64 s 198(1), (3); 1972 No 132 s 3; 1975 No 122 s 24
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the words
“or upgrade”
for the words“and construct or make permanent improvements of”
.Subsection (1) was further amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by omitting the words
“Without limiting the generality of its powers in relation to any scheme plan,”
.Subsection (2) was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word
“Safety”
. See sections 20 to 22 of that Act as to the savings and transitional provisions.Section 331(2) proviso: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
The proviso to subsection (2) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words
“Director of Land Transport Safety”
for the words“Director-General of Social Welfare”
.
332 Cycle tracks
-
(1) The council may on any road, or on any land vested in or under the control of the council, form a public cycle track, and may make bylaws under section 684 of this Act regulating and controlling the use of that cycle track.
(2) For the purpose of constructing any cycle track, the council may take, purchase, or otherwise acquire land in accordance with the provisions of this Act.
(3) In this section the term road does not include an access way.
Compare: 1948 No 39 s 23; 1954 No 76 s 176(1); 1956 No 64 s 197
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words
“section 684 of this Act”
for the words“section 386 of the Municipal Corporations Act 1954 or, as the case may be section 401 of the Counties Act 1956”
.
333 Dividing strips, etc
-
(1) The council may on any road construct, erect, or grow thereon or remove therefrom such barriers, dividing strips, guiding or sign posts, pillars or other markers, trees, hedges, lawns, gardens, and other devices as are, in the opinion of the council, necessary for separating, guiding, or warning traffic, intercepting glare, or for any other purpose.
(2) The council may on any road construct for road safety purposes, and alter or remove therefrom, any segregation strip for the purpose of segregating from the roadway any land having a frontage to the road:
Provided that no such segregation strip shall be constructed or altered so as to unreasonably prevent access to any land having a frontage to the road:
Provided also that for the purposes of this Act and of any other Act, any land having a frontage to the road before the construction of a segregation strip shall be deemed to continue to have that frontage, notwithstanding the existence of the segregation strip.
Compare: 1948 No 39 s 22
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
334 Erection of monuments, etc, and provision of facilities on or under roads
-
(1) The council may—
(a) Construct and enclose any part of a road as a pedestrian safety area:
(b) Lay out or plant grass plots or flower beds or trees on any road, and prohibit traffic, in whole or in part, on any such plots and flower beds laid out in roads (whether laid out before or after the commencement of this Part of this Act) by or under the authority of the council:
(c) Erect on any road a monument, statue, or other such erection:
(d) Construct or provide on, over, or under any road facilities for the safety, health, or convenience of the public, or for the control of traffic or the enforcement of traffic laws:
Provided that no such construction, erection, laying out, or planting shall be carried out, unless in the opinion of the council the construction, erection, laying out, or planting will not unduly impede vehicular traffic entering or using the road (not being a road or part of a road that has been declared a pedestrian mall under section 336).
(2) For the purposes of any resolution or bylaw of the council, anything constructed or provided under the authority of the council shall be deemed to be sufficiently described if the road in which it is constructed or provided and its approximate locality in that road are specified in the bylaw or resolution.
Compare: 1954 No 76 s 170(4)(k), (6); 1956 No 64 s 191A(5)(k), (7); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 7 July 2004, by section 8 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words
“that has been declared a pedestrian mall under section 336”
for the words“to which a special order under section 336 of this Act for the time being applies”
.
334A Council may light roads, etc
-
(1) A council may do all things necessary to light with any form of energy roads, private roads, public places, and (with the consent of the owner) private ways in the district.
(2) In the exercise of the powers conferred by subsection (1) of this section, the council may—
(a) Acquire or construct or reconstruct, purchase, extend, enlarge, and maintain all buildings, machinery, works, and plant necessary to light roads, private roads, public places, and (with the consent of the owner) private ways in the district:
(b) Contract for a supply of energy on such terms and conditions as it thinks fit:
(c) Erect poles with all requisite fittings thereto in the roads, private roads, public places, and (with the consent of the owner) private ways in the district, subject, in the case of roads, private roads, and public places not under the control of the council, to Schedule 14 to this Act:
(d) Lay cables and pipes under or over the roads, private roads, public places, and private ways in the district, subject in the case of roads, private roads, and public places not under the control of the council, and in the case of private ways, to Schedule 14 to this Act:
(e) Alter any drains or water pipes thereunder in such manner as may be necessary, but not so as to injuriously affect the same:
(f) Do all things necessary to keep works and everything appertaining to the lighting of roads, private roads, public places, and (with the consent of the owner) private ways in the district in good repair.
(3) A council may—
(a) Contract with any other body or person to light the roads, private roads, public places, and (with the consent of the owner) private ways within the district with any form of energy; and
(b) In that contract, authorise the body or person acting under the contract to exercise all or any of the powers conferred upon the council by this section, so far as this section is applicable to the construction and maintenance of the works necessary for effecting that lighting.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was inserted, as from 7 October 1994, by section 89(1) Energy Companies Act 1992 (1992 No 56).
335 Vehicle crossings
-
(1) Where vehicles are being taken or, in the opinion of the council, are likely to be taken, on to or from any land across any footpath on any road or any water channel on or adjoining any road otherwise than by means of a crossing properly constructed under the provisions of any bylaw made by the council, the principal administrative officer or other officer authorised by the council may, by notice in writing, require the occupier or, in any case where there is no occupier, the owner of the land to pay to the council such sum of money as the council from time to time fixes as payment for the cost of the construction of a crossing by the council.
(2) Within 28 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the requirements of the notice, and the notice shall thereupon be deemed to be suspended pending the determination of the objection or, where application is made to the Court to confirm the notice, pending the decision of the Court.
(3) Where any such objection is received by the council, the council shall forthwith inquire into and dispose of the objection.
(4) Where on inquiry into the objection the council reaffirms its requirements, the council shall apply to a District Court for an order confirming the notice.
(5) On the hearing of the application, the Court, whose decision shall be final, may—
(a) Confirm the notice; or
(b) Confirm the notice subject to a reduction in the sum payable to the council by the occupier or owner, as the case may be; or
(c) Set aside the notice.
(6) Where—
(a) In any case in which no such objection is made, the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice within 42 days after the service of the notice; or
(b) In any case in which objection is made, the notice is confirmed by the Court (whether with or without any reduction in the sum payable to the council), and the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice, or, as the case may be, the sum specified in the order of the Court, within 14 days after the giving of the decision of the Court,—
the council may construct the crossing and recover the cost from him.
(7) The said cost shall be recoverable by the council as a debt from the occupier or owner, as the case may be, and, where it is recoverable from the owner, shall be a charge on the land.
(8) Where any sum of money is paid to the council by any occupier or owner pursuant to this section, the council shall refund that sum to the occupier or owner if the crossing is not completed by the council within 6 months after the date of the payment.
(9) Where the council is satisfied that any crossing on to any land is redundant or is in excess of the reasonable requirements of the occupier, or, where there is no occupier, the owner, the principal administrative officer or other officer authorised by the council may serve notice upon the occupier or owner, as the case may be, of its intention to remove the crossing at the expense of the council.
(10) In this section the term road does not include an access way.
Compare: 1954 No 76 s 178A; 1956 No 64 s 199C; 1964 No 119 s 12; 1971 No 62 s 18; 1972 No 132 s 5
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The words
“District Court”
referred to in subsection (4) were substituted for the words“Magistrate's Court”
, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
336 Pedestrian malls
-
(1) A council may, by using the special consultative procedure,—
(a) declare a specified road or part of a specified road to be a pedestrian mall; and
-
(b) prohibit or restrict the driving, riding, or parking of any vehicle, or the riding of any animal, on all or any portion of the pedestrian mall either—
(i) generally; or
(ii) during particular hours.
(2) A declaration—
(a) may include exemptions and conditions; and
(3) Any person may, within 1 month after the making of a declaration, or within such further time as the Environment Court may allow, appeal to the Environment Court against the declaration.
(4) The appeal must be made and determined by the Environment Court in accordance with the Resource Management Act 1991 and any regulations made under that Act and the Court may quash or affirm the declaration, or affirm the declaration with modification.
(5) The decision of the Environment Court under subsection (4) is final.
(6) Subsections (2)(b) and (3) to (5) do not apply to a declaration that gives effect to the provisions of an operative district plan under the Resource Management Act 1991.
(7) Every person commits an offence who drives, rides, or parks any vehicle or rides any animal, or causes or permits any vehicle to be driven, ridden, or parked or any animal to be ridden, in contravention of a declaration (including a declaration modified by the Environment Court).
(8) A declaration (including a modified declaration) may be revoked or varied by a subsequent declaration using the procedure in subsection (1), and that subsection applies with all necessary modifications.
(9) For the purposes of subsection (1), the public notice required by section 83(1)(e) of the Local Government Act 2002 must explain the right of appeal under subsection (3).
(10) In this section,—
parking means the stopping or standing of a vehicle for any period
road does not include an access way
vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The proviso to subsection (1) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Subsection (8) was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Subsection (8) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“and the appeal shall be made and determined by that Tribunal in the manner prescribed by the Resource Management Act 1991 and any regulations made under that Act”
for the words“and the appeal shall be made and determined by that Tribunal in the manner prescribed by the Town and Country Planning Act 1977 and the regulations under that Act”
.The words
“Environment Court”
in subsection (8) were substituted, as from 2 September 1996, for the words“Planning Tribunal”
pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).The words
“Environment Court”
in subsections (8), (9) and (11) were substituted, as from 2 September 1996, for the word“Tribunal”
pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).The words
“Environment Court”
in subsections (9) and (11) were substituted, as from 2 September 1996, for the words“Planning Tribunal”
pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).The words
“district plan”
in subsection (10) were substituted for the words“district scheme”
, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69), which substituted a definition of the first term for a definition of the latter.Subsection (14) Parking: amended, as from 13 January 1984, by section 17 Local Government Amendment Act 1983 (1983 No 132) by omitting the words
“exceeding 5 minutes”
.Subsection (14) Vehicle: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110) by substituting the words
“the Land Transport Act 1998”
for the words“the Transport Act 1962”
.Section 336 was substituted, as from 7 July 2004, by section 9 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
337 Alteration of pipes and drains
-
The council may, by notice in writing, require the owner of any pipe, drain, or other apparatus of any kind on or under a road to raise, lower, or otherwise alter the same as the council directs, and if that alteration is not made within a reasonable time the council may make the same as it thinks fit; but, subject to the provisions of any other Act or to any agreement between the council and the person affected, the cost of any such alteration and any damage occasioned thereby shall be paid by and may be recovered from the council by any person affected.
Compare: 1954 No 76 s 174; 1956 No 64 s 195
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
338 Council may grant right to lay conduit pipes along or under road
-
(1) Subject to section 357 of this Act, the council may grant to any person an easement or other right for such period not exceeding 50 years and on such terms and conditions as the council thinks fit, authorising that person to lay conduit pipes for petroleum or biofuel or for any other purpose in the district under or along any road or (with the consent of the owners) under or along any private road or private way; but no such grant shall be to the exclusion of like grants to any other person.
(2) The grant of any such right or easement shall be subject to the payment of such rent, and to the observance of such conditions as to size, construction, repair, and maintenance of the conduit pipes, and as to repair of any road or private road or private way under or along which they are laid, as the council thinks fit.
Compare: 1954 No 76 s 200; 1956 No 64 s 207
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 338 heading: amended, on 1 October 2008, by section 19(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 338(1): amended, on 1 October 2008, by section 19(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Subsection (1) was amended, as from 7 July 2004, by section 10 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words
“, pursuant to a special order,”
.
339 Transport shelters
-
(1) The council may erect on the footpath of any road a shelter for use by intending public-transport passengers or taxi passengers:
Provided that no such shelter may be erected so as to unreasonably prevent access to any land having a frontage to the road.
(2) The council shall give notice in writing of its proposal to erect any shelter under this section to the occupier and, if he is not also the owner, to the owner of any land the frontage of which is likely to be injuriously affected by the erection of the shelter, and shall not proceed with the erection of the shelter until after the expiration of the time for objecting against the proposal or, in the event of an objection, until after the objection has been determined.
(3) Within 14 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the proposal.
(4) Where any person objects to the proposal in accordance with subsection (3) of this section, the council shall appoint a day for considering the objection and shall give notice to the objector of the time when and place where the objection is to be heard. Any such time shall be not earlier than 7 days after the date on which the notice of objection was received at the office of the council.
(5) The council shall, at the time and place stated in the notice referred to in subsection (4) of this section, consider the objection, and after hearing any submissions made by or on behalf of the objector, may either dismiss the objection or decide not to proceed with the proposal or make such modifications to the proposal to which the objection relates as it thinks fit. The hearing of any such objection may be adjourned from time to time and from place to place.
(6) Where there are more objectors than one, the council shall, as far as practicable, hear all objections together and give each objector an opportunity of considering and being heard in respect of all other objections.
(7) No resolution under this section shall be passed until the council has considered all the objections of which notice has been given in accordance with this section.
(8) In this section the term road does not include an access way.
Compare: 1954 No 76 s 177A; 1956 No 64 s 199A; 1959 No 91 s 16; 1971 No 63 s 20
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
340 Motor garages
-
(1) Subject to the Resource Management Act 1991, the council may grant permits for the erection of private motor garages adjacent to the line of the road or to a line intermediate between the line of the road and the building line.
(2) Every such permit may be at any time cancelled by the council. Within one month after the date of the cancellation, or within such extended time as the council may in any case allow, the owner shall remove the garage and shall not be entitled to any compensation in respect thereof.
(3) If the owner fails to remove the garage within the time specified, the council may remove it at his expense, and recover the cost thereof from that owner as a debt.
(4) Every permit granted under section 132 of the Public Works Act 1928 and in force at the commencement of this Part of this Act shall continue in force after the commencement of this Part as if it had been granted under this section.
Compare: 1928 No 12 s 132; 1948 No 39 s 28; 1953 No 91 s 52(1); 1954 No 76 s 178B; 1955 No 59 s 7; 1956 No 64 s 198F; 1961 No 131 s 41; 1964 No 119 s 13; 1972 No 96 s 3(1); 1972 No 132 s 8(1)
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“Subject to the Resource Management Act 1991,”
for the words“Where a building-line restriction has been imposed under this Act or any other Act in relation to the whole or any part of any road, then notwithstanding anything to the contrary in this Act, but subject to the Town and Country Planning Act 1977”
.Subsection (1) was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression
“Public Works Act 1981”
for the expression“Public Works Act 1928”
.
341 Leases of airspace or subsoil of roads
-
(1) Subject to section 357(2) of this Act, the council may—
(a) Grant a lease to any person of the airspace or any part of the airspace above the surface of any road; or
(b) Grant a lease to any person of the subsoil or any part of the subsoil beneath the surface of any road:
Provided that no such lease shall be granted for any purpose that would be in contravention of any provision of the Resource Management Act 1991:
Provided also that, in exercising the powers conferred by this subsection in relation to any airspace, the council shall ensure that sufficient airspace remains above the surface of the road for the free and unobstructed passage of vehicles and pedestrians lawfully using the road.
(2) Any improvements erected or constructed in any airspace or in any subsoil pursuant to a lease under this section shall be deemed to be rateable land for the purposes of the Local Government (Rating) Act 2002.
(3) Nothing in this section shall be construed so as to restrict any right a council may have to permit any person to use for a temporary period any part of the surface or of the airspace above the surface of any road.
(4) The council may grant a lease to any person under subsection (1) of this section for the purpose of the erection or construction and maintenance of a pedestrian or vehicular bridge or tunnel or subway connecting any land or building on one side of the road with any land or building on the other side upon such terms and conditions as it thinks fit.
(5) The Public Bodies Leases Act 1969 shall not apply with respect to any lease granted under this section.
Compare: 1954 No 76 s 170C; 1956 No 64 s 198H; 1971 No 62 s 16; 1972 No 132 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The reference to the
“Rating Powers Act 1988”
referred to in subsection (2) substituted, as from 29 June 1988, a reference to“Rating Act 1967”
by section 209 Rating Powers Act 1988 (1988 No 97).The first proviso to subsection (1) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“rateable land for the purposes of the Local Government (Rating) Act 2002”
for the words“rateable property for the purposes of the Rating Powers Act 1988”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating, in a financial year that begins on or after 1 July 2003.
341A Contribution to cost of railway, subway, or bridge
-
(1) A controlling authority or local authority, or any 2 or more of those authorities, may agree with an infrastructure owner to—
(a) the construction and maintenance by the infrastructure owner of a subway under, or a bridge over, a railway, or a railway bridge over a road, that is within the district of the controlling authority or local authority; and
(b) the payment by the controlling authority or local authority of the whole or part of the cost of that construction and maintenance.
(2) An agreement may be entered into with respect to any existing or proposed subway or bridge.
(3) A controlling authority or local authority that is authorised by this section to pay in whole or in part the cost of the construction of a subway, bridge, or railway bridge may agree with an infrastructure owner (and is deemed to always have had the power to agree) that—
(a) the payment must be made by instalments extending over a period of not more than 10 years; and
(b) interest at a rate agreed on (if any) must be paid on any unpaid balance of that cost.
(4) Every controlling authority and local authority has all the powers that are reasonably necessary or expedient to enable them to carry out functions or duties conferred or imposed under section 83 of the Railways Act 2005 or this section, including (without limitation) the power to enter into agreements with an infrastructure owner to provide for the maintenance of any footbridge or pedestrian subway.
(5) In this section, infrastructure owner has the same meaning as in section 4(1) of the Railways Act 2005.
Compare: 1992 No 111 s 10
Section 341A was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.
342 Stopping and closing of roads
-
(1) The council may, in the manner provided in Schedule 10 to this Act,—
-
(a) Stop any road or part thereof in the district:
Provided that the council (not being a borough council) shall not proceed to stop any road or part thereof in a rural area unless the prior consent of the Minister of Lands has been obtained; or
(b) Close any road to traffic or any specified type of traffic (including pedestrian traffic) on a temporary basis in accordance with that Schedule and impose or permit the imposition of charges as provided for in that Schedule.
(2) [Repealed]
Compare: 1954 No 76 s 170(4)(h), (i); 1956 No 64 s 191A(5)(h), (i); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(b) was substituted, as from 14 August 1986, by section 9(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
Subsection (2) was repealed, as from 14 August 1986, by section 9(2) Local Government Amendment Act (No 3) 1986 (1986 No 50).
-
342A Temporary closing of roads by Police
-
[Repealed]
Section 342A: repealed, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
343 Consumption or possession of intoxicating liquor in roads closed for public function or gathering
-
[Repealed]
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was repealed, as from 14 December 1984, by section 4(1) Local Government Amendment Act 1984 (1984 No 18).
344 Gates and cattle stops across roads
-
(1) The council may, in writing, permit the erection of a swing gate or a cattle stop or both across any road, where—
(a) In the council's opinion it is not practicable or reasonable to fence the road; or
(b) By agreement the road has been taken or may be constructed through private lands and the owner or occupier requests that a gate or a cattle stop or both be erected on the outer boundary at the cost (including maintenance) of one or both parties as may be agreed.
(2) Where a gate is erected across a road under subsection (1) of this section, a board with the words
“Public Road”
legibly painted thereon in letters of not less than 75 millimetres in height shall be fixed upon each side of the gate and at all times maintained thereon by the person authorised to erect the gate, or at whose cost it has been agreed that the gate shall be erected and maintained.(3) Where a gate or cattle stop across any road is considered redundant or an inconvenience, either by the council or by a petition supported by 20 or more residents of the district, the council may serve notice upon the person authorised to erect the gate or cattle stop of the council's intention to remove it.
(4) Within 14 days after the service on any person of a notice pursuant to subsection (3) of this section, he may object, in writing to the council, against its intention to remove the gate or cattle stop.
(5) Not later than 14 days after receiving any such objection, the council shall consider it, and, after hearing any submissions made by the objector or on his behalf, the council may dismiss the objection or decide not to proceed to remove the gate or cattle stop or make such modifications to its proposal as it thinks fit.
(6) The erection across any road of any gate or cattle stop shall not be commenced unless and until plans of the gate or cattle stop have been submitted to and approved by the council. The council may make such alterations in or additions to any plans submitted to it as it thinks fit, and may require the erection of such protective or warning devices as it considers necessary; and the gate or cattle stop shall be erected in accordance with the plans and requirements and in such position as the council directs.
(7) The Minister of Transport may from time to time, by notice in the Gazette, prescribe specifications for gates and cattle stops.
(8) The person by whom any swing gate or cattle stop has been erected pursuant to a permit granted under this section, and his successors in title, shall maintain the swing gate or cattle stop to the satisfaction of the council.
(9) Without limiting the power to make bylaws conferred on the council by section 684 of this Act, the council may from time to time make bylaws regulating the use of swing gates and cattle stops erected pursuant to this section, prohibiting the causing of damage to such swing gates and cattle stops, and prohibiting the leaving open of such swing gates.
(10) Neither the Crown nor the Minister of Transport nor the council shall be liable for damages in respect of any accident arising out of the existence of a gate or cattle stop across any road erected under a permit granted pursuant to this section.
(11) The power conferred by this section to erect and maintain any swing gate or cattle stop on any road shall be deemed to include power to fence the road up to that gate or cattle stop and to maintain that fence, and every reference in this section to a swing gate or cattle stop shall be deemed to include a reference to such a fence.
(12) This section shall apply with respect to every gate or cattle stop and fence lawfully erected across any road at the commencement of this Part of this Act pursuant to a permit granted under section 141 or section 142 or section 144 of the Public Works Act 1928 or section 11 of the Public Works Amendment Act 1935, as if it had been erected pursuant to a permit granted under this section.
(13) The Gates and Cattle Stops Order 1955 (SR 1955/67) shall continue in force and have effect after the commencement of this Part of this Act as if it were a notice issued under subsection (7) of this section.
Compare: 1928 No 12 s 141-146; 1935 No 27 s 11; 1948 No 39 s 31(2)
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (7) was substituted, as from 1 April 1988, by section 17(1) Local Government Amendment Act 1988 (1988 No 71).
The reference to
“s 684 of this Act”
in subsection (9) was substituted, as from 1 April 1980, for the references to“section 386 of the Municipal Corporations Act 1954 or, as the case may be, section 401 of the Counties Act 1956”
by section 9 Local Government Amendment Act 1979 (1979 No 59).Subsection (10) was amended, as from 1 April 1988, by section 17(2) Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Crown nor the Minister of Transport”
for the words“Minister of Works and Development”
.The Public Works Act 1928 and the Public Works Amendment Act 1935 referred to in subsection (12) were repealed by section 248 Public Works Act 1981 (1981 No 35).
345 Disposal of land not required for road
-
(1) Subject to subsection (3) of this section, where in forming a new road, or in diverting or stopping or diminishing the width of any existing road, any part thereof is no longer required as a road, the council may—
-
(a) Either—
(i) Sell that part to the owner or owners of any adjoining land for a price to be fixed by a competent valuer appointed by the council to value that part; or
(ii) Grant a lease of that part to the owner or owners of any adjoining land for a term and at a rental and subject to such conditions as the council thinks fit;—
and, if no such owner or owners is or are willing to purchase the land at the price fixed or, as the case may be, take a lease of that part for the term and at the rental and subject to the conditions fixed, the council may sell or lease the land by public auction or private tender; and a conveyance, transfer, or lease under the seal of the council shall constitute a valid title to the land; or
(b) Apply that part, or any part thereof, to any purpose to which the council may apply land, either under this Act or any other enactment; or
(c) Grant a lease of that part, or any part thereof, for such term and on such conditions as it thinks fit for use for any purpose to which the council may apply land, either under this Act or any other enactment; or
(d) Transfer that part, or any part thereof, to the Crown for a public reserve or for addition to a public reserve or for any purpose of public convenience or utility or as Crown land subject to the Land Act 1948.
(1A) To avoid doubt, this section does not apply to the public foreshore and seabed within the meaning of the Foreshore and Seabed Act 2004.
(2) Where the council pursuant to subsection (1)(a)(i) of this section sells the land to the owner or owners of any adjoining land, it may require, notwithstanding the provisions of any other enactment, the amalgamation of that land with the adjoining land under one certificate of title. The District Land Registrar may, if he thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a certificate of title under this section, and may issue a certificate of title limited as to parcels.
(2A) Where the council acting under subsection (2) of this section requires the amalgamation of the land sold with the adjoining land under one certificate of title—
(a) The separate parcels of land included in the one certificate of title by virtue of that requirement shall not be capable of being disposed of individually or of again being held under separate certificates of title, except with the consent of the council:
(b) Where that adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation is lawfully conferred or imposed, the land sold shall be deemed to be and always have been part of the land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on that adjoining land shall be deemed also to be rights and obligations in respect of, or encumbrances on, that land sold.
(2B) On the issue of a certificate of title to the land referred to in subsection (2A) of this section, the District Land Registrar shall enter on the certificate of title a memorandum that the land to which it relates is subject to paragraph (a) of that subsection, and, if the circumstances so require, that it is subject to paragraph (b) of that subsection.
(3) Where any road or any part of a road along the mark of mean high water springs of the sea, or along the bank of any river with an average width of 3 metres or more, or the margin of any lake with an area of 8 hectares or more is stopped, there shall become vested in the council as an esplanade reserve (as defined in section 2(1) of the Resource Management Act 1991) for the purposes specified in section 229 of the Resource Management Act 1991—
(a) A strip of land forming part of the land that ceases to be road not less than 20 metres wide along the mark of mean high water springs of the sea, or along the bank of any river or the margin of any lake (as the case may be); or
(b) The full width of the land which ceases to be road—
whichever is the lesser.
(4) The obligation under subsection (3) of this section to set aside a strip of land not less than 20 metres in width as an esplanade reserve is subject to any rule included in a district plan under section 77 of the Resource Management Act 1991.
(5) On the issue of any certificate of title for land which has become vested in the council as an esplanade reserve under subsection (3) of this section, the District Land Registrar shall enter thereon a memorandum that the land is subject to that subsection.
(6) [Repealed]
Compare: 1954 No 76 s 190; 1956 No 64 s 191F; 1972 No 132 s 2; 1977 No 134 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(a) was amended, as from 7 July 2004, by section 11 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words
“, pursuant to a special order,”
.Subsection (1A) was inserted, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93).
Subsections (2A) and (2B) were inserted, as from 14 January 1983, by section 22 Local Government Amendment Act (No 2) 1982 (1982 No 166).
The proviso to the original subsection (3) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word
“Conservation”
for the word“Lands”
.The original subsection (3) was substituted, and subsections (4) to (6) were inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsections (3) to (5) were substituted, as from 7 July 1993, by section 226(6) Resource Management Amendment Act 1993 (1993 No 65).
Subsection (6) was repealed, as from 7 July 1993, by section 226(6) Resource Management Amendment Act 1993 (1993 No 65).
-
Limited access roads
346 Interpretation
-
In sections 346A to 346J of this Act, unless the context otherwise requires,—
Limited access road means any road declared to be a limited access road under section 346A of this Act or the corresponding provisions of any former enactment
Road does not include an access way or a service lane.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
346A Declaration and revocation of limited access roads
-
(1) The council may declare any road or part thereof in the district to be a limited access road.
(2) The council may revoke the status as limited access road of any road or any part thereof.
Compare: 1954 No 76 s 170B(1); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 346A was amended, as from 7 July 2004, by section 12 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words
“from time to time, by special order,”
in both places where they occur.
346B Provisions of Acts relating to roads to apply to limited access roads
-
Subject to sections 346C to 346J of this Act, the provisions of this Act and of every other enactment relating to roads, as far as they are applicable and with the necessary modifications, shall apply to every limited access road.
Compare: 1954 No 76 s 170B(3); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
346C Requirements of declaration of limited access road
-
The following provisions shall apply in respect of the declaration under section 346A(1) of this Act of a limited access road:
-
(a) Every such declaration shall refer to a plan showing—
(i) The road or part thereof to which the declaration relates:
(ii) Any crossing places to be authorised:
(iii) The boundaries of all road frontages of each parcel of land adjoining the road or part thereof to which the declaration relates:
(iv) The boundaries of all other types (if any) of legal access (whether roads, private roads, private ways, rights of way, or any other types whatsoever) connecting the road or part thereof to any other parcel of land:
(b) Every such declaration shall indicate where the plan is held and may be inspected:
(c) The council shall forward to the District Land Registrar a certificate authenticated by the council (together with a copy of the plan and of any resolution under section 346D(3) of this Act), setting out by sufficient descriptions and title references, every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road; and the District Land Registrar shall record it against the titles to all the parcels of land therein described:
(d) The council shall cause a copy of the certificate to be served on the owner and the occupier (if he is not also the owner) of any land to which the declaration relates, so far as they can be ascertained.
Compare: 1954 No 76 s 170B(9); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (c) was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words
“every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road;”
. -
346D Access to and from land
-
(1) Each parcel of land that adjoins or has legal access to a limited access road and that does not have reasonably practicable alternative legal access to some other road that is not a limited access road, shall be entitled to one crossing place at which vehicles are permitted to proceed to and from the limited access road from and to the parcel of land. The location of that crossing place shall be specified by the council from time to time by notice issued to the owner under section 346E of this Act.
(2) No road, or part thereof, shall be declared a limited access road, unless the council, in any case where it considers it inexpedient to authorise any sufficient specified crossing place as aforesaid, purchases or takes under the Public Works Act 1981 or otherwise acquires any parcel of land that does not have a reasonable practical alternative legal access.
(3) In this section and in section 346E of this Act the term parcel of land means a parcel of land that can legally be transferred to a person other than an owner of adjoining land without the dedication of any further land as a road and without the deposit of any further plan:
Provided that the council may, by resolution, declare—
(a) Two or more adjoining parcels of land, while remaining in one ownership; and
(b) All parcels of land included in one unit title plan deposited in accordance with the Unit Titles Act 1972—
to be a single parcel of land for the purposes of this section and of section 346E of this Act.
Compare: 1954 No 76 s 170B(4); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
346E Authorisation of crossing places
-
The council may from time to time—
-
(a) By notice to the owner of the parcel of land affected,—
(i) Authorise, subject to such conditions (if any) as it may specify, any crossing place (whether formed or not) at which vehicles may proceed to and from any limited access road from and to that parcel of land:
(ii) Specify the location of any authorised crossing place:
(iii) Cancel any such authorisation or specified location if the parcel of land has reasonably practicable legal access to some other road that is not a limited access road or has another authorised crossing place:
(iv) Cancel or vary all or any conditions imposed under this section or impose further conditions or vary the location of any authorised crossing place:
(b) Construct any road that it may be expedient to construct to give access, whether additional or not, to any land adjoining or near the limited access road.
Compare: 1954 No 76 s 170B(4); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
-
346F Restricting movement to or from a limited access road
-
Without restricting any provision of any other Act, it is hereby declared that no person shall drive or move any vehicle or animal, or permit any vehicle or animal to be driven or moved, onto or from any limited access road, except—
(a) At a motorway or road from which vehicles or animals, as the case may be, might lawfully be driven or moved onto the limited access road or part thereof immediately before its declaration as a limited access road; or
(b) At a motorway or road from which vehicular or animal access to the limited access road has been authorised by the council and subject to such conditions as the council approves and publicly notifies; or
(c) At a crossing place authorised and specified by the council and subject to such conditions as are for the time being imposed by the council in accordance with section 346D or section 346E of this Act.
Compare: 1954 No 76 s 170B(5); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
346G Limited access road not a road for purpose of subdivision or sale
-
(1) Where any provision of this Act or any other Act makes any person's right to erect or use a building of any kind on any land, or to subdivide or sell any land, conditional upon the land having a frontage or vehicle access to a road, or in any other way conditional upon the existence of a road, then, for the purposes of that provision, a limited access road shall be deemed not to be a road, except for such purpose, to such extent, and on such conditions, as may be notified from time to time by the council to the District Land Registrar.
(2) Any person aggrieved at—
(a) The refusal of the council to issue a notice to the District Land Registrar under subsection (1) of this section; or
(b) Any condition subject to which any such notice is issued—
may object in writing to the Environment Court within one month after being notified of that refusal or condition, or within such further time as the Environment Court may allow, and the objection shall be made and determined by the Environment Court in the manner prescribed by the Resource Management Act 1991 and the regulations under that Act.
(3) Subject to section 299 of the Resource Management Act 1991, the decision of the Environment Court on any such objection shall be final.
Compare: 1954 No 76 s 170B(6); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (2) was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words
“the objection”
.The words
“Environment Court”
in subsection (2) were substituted, as from 2 September 1996, for the words“Planning Tribunal”
pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).Subsection (2)(b) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“and the objection shall be made and determined by the Planning Tribunal in the manner prescribed by the Resource Management Act 1991 and the regulations under that Act.”
for the words“and the objection shall be made and determined by the Planning Tribunal in the manner prescribed by the Town and Country Planning Act 1977 and the regulations under that Act”
.Subsection (3) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“Subject to section 299 of the Resource Management Act 1991”
for the words“Subject to section 162 of the Town and Country Planning Act 1977”
.The words
“Environment Court”
in subsection (3) were substituted, as from 2 September 1996, for the words“Planning Tribunal”
pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
346H Certificate of land affected to be forwarded to District Land Registrar
-
(1) Where any road is declared to be a limited access road under section 346A of this Act, the council shall forward to the District Land Registrar a certificate authenticated by the council specifying by sufficient description and title reference every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road; and the District Land Registrar shall record the certificate against the titles specified therein.
(2) Where the council revokes the status as a limited access road of any road or part thereof, the council shall forward to the District Land Registrar a certificate authenticated by the council that the status of the road or part thereof as a limited access road has been revoked, and setting out by sufficient descriptions and title references all parcels of land affected by the revocation, and the District Land Registrar shall record the certificate against the titles to all the parcels of land therein described.
(3) The council shall also cause a copy of that certificate to be served on the owner and the occupier (if he is not also the owner) of every parcel of land affected by the revocation, so far as they can be ascertained.
Compare: 1954 No 76 s 170B(9); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
346I Compensation
-
Where the exercise of any power given by any provision of sections 346A to 346H of this Act gives rise to any claim for compensation under section 60 of the Public Works Act 1981—
(a) The claim shall not be made after a period of 5 years from the date of the exercise of the power:
(b) Section 62(2) of the Public Works Act 1981 shall be read as if the term
“specified date”
meant the date of the exercise of the power:
(c) The Land Valuation Tribunal shall take into account, by way of deduction from the total amount of compensation that would otherwise be awarded, any increase in the value of the parcel of land in respect of which compensation is claimed that has occurred in consequence of the exercise by the council of any power under section 346E of this Act.
Compare: 1954 No 76 s 170B(10); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression
“Public Works Act 1981”
for the expression“Public Works Act 1928”
.Paragraph (b) was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression
“Public Works Act 1981”
for the expression“s 29 Finance Act (No 3) 1944”
.
346J Offences
-
Every person commits an offence against this Act who—
(a) Acts in contravention of or fails to comply with any provision of section 346F of this Act; or
(b) Uses or makes any crossing place to or from a limited access road that is not a crossing place authorised under section 346E of this Act.
Compare: 1954 No 76 s 170B(8); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Private roads and private ways
347 Width, etc, of private roads
-
Subject to the Resource Management Act 1991, the provisions of this Part of this Act relating to the grades, and formation of roads and to building lines shall apply to private roads as they apply to other roads under the control of the council.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 347 was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“Subject to the Resource Management Act 1991,”
for the words“Subject to the Town and Country Planning Act 1977”
. It was further amended by section 347 of that Act by omitting the word“widths”
.
348 Powers of council with respect to private roads and private ways
-
(1) Except with the prior permission of the council, no person shall lay out or form any private road or private way, or grant or reserve a right of way over any private way, in the district.
(2) Subject to section 347 of this Act, in granting any such permission the council may—
(a) Impose such conditions as to widths, levels, entrances, courses, formation, cost of formation, maximum number of buildings to be erected fronting any such private road or private way, minimum distances between any 2 buildings, position of building line, and otherwise in all respects whatsoever as the council thinks fit; and
-
(b) Require the owner or owners to whom permission is given to enter into a bond to comply with any conditions imposed by the council. Every such bond shall be deemed—
(i) To be an instrument creating an interest in each parcel of land to which the conditions apply within the meaning of section 62 of the Land Transfer Act 1952, and may be registered accordingly; and
(ii) To be a covenant running with each such parcel of land, and shall bind subsequent owners.
(3) Any permission of the council under subsection (1) of this section to lay out or form any private road or private way as aforesaid shall be deemed to lapse on the expiration of 3 years after the grant thereof, unless the work has then been completed to the satisfaction of the council; but may from time to time be extended by the council for a period or periods not exceeding one year at any one time.
(4) With respect to any private road, the council—
(a) May require any projection or obstruction in or over any part thereof to be removed at the expense of the person causing the same or to whom the same belongs:
(b) May by notice in writing require the owners of land or buildings abutting on the private road to construct or repair the road, with the footways, kerbing, and channelling thereof, and every such owner shall be liable for the construction and repair of so much of the private road as the council thinks fit:
(c) In case of default, may execute the said works, and recover the cost from the owners in the aforesaid proportions.
(5) Subsection (4) of this section shall apply to every private way which for the time being serves as an approach to 2 or more allotments that are separately owned or separately occupied or to any allotment on which there are 2 or more buildings that are separately occupied.
(6) Nothing in this section applies to a private road or right of way lawfully created as part of a subdivision under the Resource Management Act 1991.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1) and (3) were amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word
“form”
for the word“make”
.Subsection (6) was inserted, as from 1 August 2003, by section 98(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
349 Council may declare private road or right of way to be public road
-
(1) The council may declare to be a public road—
(a) Any private road within the meaning of any Act in force at the time of its being laid out:
(b) Any right of way within the meaning of any Act in force at the time of its being laid out, and which was laid out within the district on or after the 2nd day of November 1878, but before the 1st day of January 1887.
(2) Notwithstanding anything in the foregoing provisions of this section, the council shall not declare any private road or right of way as aforesaid to be a public road unless and until it is properly formed by the owners thereof or frontagers thereto.
(3) [Repealed]
(4) Every private road and right of way declared to be a public road as aforesaid shall become a road vested as such in the council.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 7 July 2004, by section 13(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words
“, by special order,”
.Subsection (2) was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by omitting the words
“and constructed”
.Subsection (3) was repealed, as from 7 July 2004, by section 13(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
350 Penalty for laying out private road or private way in contravention of this Act
-
If any person lays out or forms, or permits or allows to be open for use, any private road or private way, or grants or reserves any right of way, contrary to the provisions of this Act, or refuses or neglects to perform, observe, or keep any condition imposed by the council as aforesaid, he commits an offence, and is liable to a fine not exceeding $50 for every day during which the offence has continued after the day on which he receives notice from the council that the offence has been committed.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 350 was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word
“forms”
for the word“makes”
.
351 Illegal private road or private way not to be registered
-
No plan, deed, or instrument of any kind whatsoever whereby contrary to the provisions of this Part of this Act any private road or private way is created, recognised, referred to, granted, or reserved shall be received for deposit or registration under the Deeds Registration Act 1908 or under the Land Transfer Act 1952.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
352 Conditions to be noted on title by Registrar
-
The District Land Registrar shall enter upon the certificate of title, memorandum of lease, or other proper instrument a note of all conditions imposed under section 348 of this Act by the council which are contained in or endorsed upon any instrument or plan presented to him for registration or deposit, and the conditions so noted shall be deemed to constitute a registered encumbrance under the Land Transfer Act 1952.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Safety provisions as to roads
353 General safety provisions as to roads
-
The council shall take all sufficient precautions for the general safety of the public and traffic and workmen employed on or near any road and, in particular, shall—
(a) Take all reasonable precautions to prevent accidents during the construction or repair by the council of any road, or when any opening is made therein by the council for the repair of drains or gas pipes or for any other purpose, and require other persons doing such work to take such precautions, by erecting barriers, devices to cause traffic to slow down, or fences across any such road or around any dangerous place therein, or otherwise, and shall cause, and require other persons doing such work to cause, any such dangerous place to be sufficiently lighted by night; and any person removing any such protective work, or removing or extinguishing any such light without the authority of the council, commits an offence:
(b) Require the owner or occupier of any land upon which there is any hole, well, excavation, or other place dangerous to persons passing along any road forthwith to fill in, cover, or enclose the same:
(c) Whenever the public safety or convenience renders it expedient, require the owner or occupier of any land not separated from a road by a sufficient fence to enclose the same by a fence to the satisfaction of the council.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
354 Construction of cellar or making any excavation in vicinity of road
-
(1) Where the owner or occupier of any land proposes to construct a cellar, or make any other excavation (other than a cellar or other excavation to be constructed or made in accordance with a building consent under the Building Act 1991), within 20 metres from any road, private road, or any adjoining property, he shall give notice of his intention to the council, whose consent must first be obtained before the work is commenced; and the owner or occupier shall cause the cellar or excavation to be so constructed or made that it cannot become a receptacle for stagnant water or other impure matter.
(2) Where, under subsection (1) of this section, the council grants its consent to the construction of any cellar, it may grant its consent subject to a condition that neither the owner nor the occupier nor their successors in title shall be entitled to claim against the council for any damage caused to the cellar or any property therein arising, whether directly or indirectly, from any defect in any water-supply system, sewerage system, or other public-utility service under the control of the council.
(3) As soon as conveniently may be after the passing of a resolution by the council granting its consent to the construction of a cellar subject to the conditions specified in subsection (2) of this section, the council shall send a copy of the resolution, authenticated by the council, to the District Land Registrar, or the Registrar of Deeds, as the case may require, who shall deposit the same in his office and register against the title to the land a memorandum under his hand that the land is subject to those conditions.
(4) This section shall bind the Crown.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by inserting the words
“(other than a cellar or other excavation to be constructed or made in accordance with a building consent under the Building Act 1991)”
.
355 Council may require removal of overhanging trees, etc
-
(1) The council may, by notice in writing under the hand of the Chairman or the principal administrative officer, require the owner of any land abutting upon any road within the district to do any of the following acts:
(a) To remove, lower, or trim to the satisfaction of the council any tree or hedge overhanging or overshadowing the road in cases where, in the opinion of the council, the removal, lowering, or trimming is necessary in order to prevent injury to the road or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto:
(b) To cut down or grub up, as the council directs, and remove all obstructions to traffic or drainage arising from the growth of plants or the spreading of roots upon or under the road up to the middle line thereof along the whole frontage of the land occupied or owned by him:
(c) To remove, lower, or trim to the satisfaction of the council any tree or hedge, or to lower any fence or wall, if in the opinion of the council the tree, hedge, fence, or wall is likely, by reason of its obstructing the view, to cause danger to the traffic on that or any other road.
(2) Within 10 days after service of the notice, the owner may apply to a District Court for an order setting aside the notice.
(3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
(4) In the case of a notice which is not set aside as aforesaid, if the owner fails to do any such act in compliance therewith within one month from the service thereof, or where application as aforesaid has been heard, then within one month after the giving of the decision of the Court, he commits an offence and is liable to a fine not exceeding $5 for every day during which the failure has continued, and the council, by its officers or agents, may enter on the land and do that act and recover the cost from him.
(5) The said cost shall be a charge upon the land.
(6) In any case where the council might give any such notice as aforesaid in respect of any land, any resident of the district may, by notice in writing, request the council to do so.
(7) If for the space of 28 days after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to a District Court for an order requiring the council to comply with that notice.
(8) On the hearing of the application, the Court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the Court shall be final.
(9) The council may remove, lower, cut down, grub up, or trim, as the case may be, any fence, wall, tree, hedge, or plant to which subsection (1) of this section applies, after giving oral notice to the occupier, or, where there is no occupier, to the owner, of the land, if life, property, or any road is in imminent danger. The cost of the work shall be a charge against the land as if notice had been given under subsection (1) of this section and had not been set aside by a District Court.
(10) For the purposes of this section the term cut down means cutting down and keeping cut down or removing or controlling by chemical means the stem and roots of any plants so as to prevent their throwing out any leaf, offshoot, or flower.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The words
“District Court”
referred to in subsections (2), (7), and (9) were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
356 Removal of abandoned vehicles from roads
-
(1) This section applies where any category A or category B or category C motor vehicle is found on a road within the district of any council and appears to have been abandoned by its owner.
(2) In the case of a category A or category B vehicle, the following provisions shall apply:
(a) The council may, or may authorise any person to, remove the vehicle and store it:
(b) No person shall remove the vehicle until a member of the Police has been notified of the proposal to move it:
-
(c) The council shall make reasonable efforts to give notice to the last registered owner of the vehicle of its intention to sell the vehicle, and those efforts shall include,—
(i) In the case of a category A vehicle, taking practical steps to identify the owner of the vehicle by reference to chassis numbers or other numbers appearing on the vehicle:
(ii) In the case of a category B vehicle, identifying the owner of the vehicle by reference to such numbers and by searching the motor vehicle security register or otherwise:
(d) After making reasonable efforts to give notice under paragraph (c) of this subsection, the council may give not less than 10 working days' notice, by advertisement in 2 issues of a daily newspaper circulating in the district in which the road is situated, of its intention to sell the vehicle, but if the council is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispense with the giving of such notice:
(e) At any time after the expiration of a notice given in accordance with paragraph (d) of this subsection or at any time after the giving of such notice has been dispensed with under that paragraph, the council may sell or otherwise dispose of the vehicle to any person or otherwise dispose of the vehicle in such manner as the council thinks fit, and any person to whom such a vehicle is sold or disposed of shall thereupon become the lawful owner of the vehicle:
-
(f) The advertisement under paragraph (d) of this subsection shall specify the following:
(i) A description of the make, model, and colour of the vehicle:
(ii) The chassis numbers and any other vehicle numbers (if known):
(iii) The location from which the vehicle was removed:
(g) The proceeds of any such sale shall be applied in payment of the costs and charges attending the sale, including the advertisement under paragraph (d) of this subsection, and of the expenses of the removal and storage of the motor vehicle, and the residue, if any, shall be payable to the former owner of the vehicle:
(h) Where any motor vehicle is removed under this subsection, the owner shall be liable to pay to the council all expenses incurred by the council in removing and storing the vehicle, and, where the vehicle is claimed by the owner and not sold or otherwise disposed of pursuant to this subsection, those expenses shall be payable before the owner takes delivery of the vehicle.
(3) In the case of a category C vehicle, the provisions of subsection (2) of this section shall apply with the following modifications:
(a) The notice specified in paragraph (d) of that subsection shall not be given unless the vehicle has been stored for a period of 1 month and reasonable efforts to locate the last registered owner have been made by the council:
(b) In addition to specifying the matters set out in paragraph (f) of that subsection, the notice shall specify the name of the current registered owner and the last known address of that person:
(c) Paragraph (c) of that subsection shall apply as if the vehicle were a category B vehicle.
(4) If, after a search of the motor vehicle security register in accordance with subsection (2)(c)(ii) or subsection (3)(c) of this section, it is found that the vehicle is subject to a registered security interest, the council shall, before selling or otherwise disposing of the vehicle, notify the holder of that interest of its intention to sell or otherwise dispose of the vehicle.
(5) For the purposes of this section,—
(a) A category A vehicle is a motor vehicle that has neither a number plate nor a current licence label affixed to the vehicle:
(b) A category B vehicle is a motor vehicle that has affixed to it either a number plate or a current licence label (but not both):
-
(c) A category C vehicle is a motor vehicle that has affixed to it either—
(i) A number plate and a current licence label; or
(ii) A number plate and a licence label that expired not more than 6 months before the council took possession of the vehicle.
(6) For the purposes of this section, council, in relation to a State highway that is under the control of the New Zealand Transport Agency, means the New Zealand Transport Agency.
(7) Nothing in this section limits or affects anything in section 239 of the Public Works Act 1981.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (9)(a) council: was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Section 356 was substituted, as from 1 April 1993, by section 2(1) Local Government Amendment Act (No 3) 1992 (1992 No 113).
Subsection (2)(a) was amended, as from 28 June 2006, by section 4(1) Local Government Act 1974 Amendment Act 2006 (2006 No 27) by substituting the words
“may, or may authorise any person to,”
for the words“may authorise any person to”
.Subsection (2)(b) was amended, as from 28 June 2006, by section 4(2) Local Government Act 1974 Amendment Act 2006 (2006 No 27) by omitting the words
“authorised by the council”
.Subsection (2)(h) was amended, as from 28 June 2006, by section 4(3) Local Government Act 1974 Amendment Act 2006 (2006 No 27) by omitting the words
“by the council”
in the first place where it appears.Section 356(6): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
356A Further provision in relation to removal of vehicles from roads
-
(1) This section applies in relation to a motor vehicle if—
(a) the vehicle is found on a road or in a public place within a territorial authority's district; and
-
(b) the vehicle has—
(i) an evidence of vehicle inspection and a licence label affixed to it, but each document has expired by more than 31 days; or
(ii) an evidence of vehicle inspection affixed to it that has expired by more than 31 days and no licence label affixed to it; or
(iii) a licence label affixed to it that has expired by more than 31 days and no evidence of vehicle inspection affixed to it; or
(iv) neither an evidence of vehicle inspection nor a licence label affixed to it.
(2) The territorial authority—
(a) may, or may authorise any person to, remove the vehicle; and
-
(b) if it does so, must—
(i) store it for 10 days (the 10-day period); and
-
(ii) during that time, make reasonable efforts to notify the last registered owner of the vehicle—
(A) that it has removed the vehicle; and
(B) that the vehicle is in storage; and
(C) of the territorial authority's powers under subsection (7).
(3) However, if the territorial authority is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispose of the vehicle without complying with subsection (2)(b).
(4) A vehicle must not be removed under this section until a member of the police has been notified of the proposed removal.
(5) If a vehicle is claimed by any person lawfully entitled to it before the end of the 10-day period, the territorial authority must release the vehicle to the person.
(6) Subsection (5) applies only if any costs incurred by the territorial authority for removing and storing the vehicle are first paid.
(7) If a vehicle is not claimed under subsection (5), the territorial authority may—
(a) dispose of it (by sale or otherwise) at any time after the 10-day period has expired; and
(b) recover from the vehicle's last registered owner any costs incurred by the territorial authority as a result of removing, storing, and disposing of the vehicle (less any amount received on the disposal of it).
(8) A territorial authority may retain any proceeds from the disposal of a vehicle under this section that—
(a) are not claimed by the person who owned the vehicle at the time it was disposed of within 12 months of the vehicle's disposal; and
(b) are in addition to any costs incurred by the territorial authority for removing, storing, and disposing of the vehicle.
(9) Any person to whom a vehicle is disposed of under this section becomes the lawful owner of the vehicle.
(10) Nothing in this section limits or affects anything in section 239 of the Public Works Act 1981.
(11) For the purposes of this section,—
evidence of vehicle inspection has the meaning given to it in section 2(1) of the Land Transport Act 1998
public place means a place that is—
(a) under the control of the territorial authority; and
(b) open to, or being used by, the public, whether or not there is a charge for admission
territorial authority, in relation to a State highway that is under the control of the New Zealand Transport Agency, means the New Zealand Transport Agency.
Sections 356A and 356B were inserted, as from 28 June 2006, by section 5 Local Government Act 1974 Amendment Act 2006 (2006 No 27).
Section 356A(11) territorial authority: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
356B Relationship between section 356 and section 356A
-
In any circumstances where a territorial authority is authorised to remove a motor vehicle under both section 356 and 356A, the territorial authority may only exercise its powers under section 356A.
Sections 356A and 356B were inserted, as from 28 June 2006, by section 5 Local Government Act 1974 Amendment Act 2006 (2006 No 27).
357 Penalties for damage to roads
-
(1) Every person commits an offence who, not being authorised by the council or by or under any Act,—
(a) Encroaches on a road by making or erecting any building, fence, ditch, or other obstacle or work of any kind upon, over, or under the road, or by planting any tree or shrub thereon; or
(b) Places or leaves on a road, any timber, earth, stones, or other thing; or
(c) Digs up, removes, or alters in any way the soil or surface or scarp of a road; or
(d) Damages or, except with the consent of the council, removes or alters any gate or cattle stop lawfully erected across any road; or
(e) Allows any water, tailings, or sludge, or any filthy or noisome matter, to flow from any building or land in his occupation on to a road; or
(f) Wilfully or negligently causes or allows any oil, or any liquid harmful to sealed or paved road surfaces or likely to create a danger to vehicles on such surfaces, to escape on to any road having a sealed or paved surface; or
(g) Causes or permits any timber or other heavy material, not being wholly raised above the ground on wheels, to be dragged on a road; or
(h) Causes or negligently allows any retaining wall, foundation wall, or fence erected on any land, or any batter or slope of earth, or any building, erection, material, or thing, to give way or fall so as to damage or obstruct a road; or
(i) Digs up or removes any stone, gravel, sand, or other material from a river bed within 50 metres of a bridge or ford on any road or any dam on which a road is constructed; or
(j) Does or causes or permits to be done any act whatsoever by which any damage is caused to a road or any work or thing in, on, or under the same,—
and is liable to a fine not exceeding $1,000 and, where the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued and may be ordered to pay the cost incurred by the council in removing any such encroachment, obstruction, or matter, or in repairing any damage caused as aforesaid:
Provided that no fine shall be imposed unless the information is laid by authority of the council or by an officer thereof.
(2) The Council shall not authorise or suffer any encroachment on a road if the encroachment would or might interfere with or in any way obstruct the right of the Crown, or of any person so authorised by any Act, to construct, place, maintain, alter, remove, or otherwise deal with any electric wires, telephone wires, telegraph wires, pneumatic tubes, or gas pipes on, over, or under the road, except with the prior written consent of the Minister of the Crown, the person, or principal administrative officer of the body, who or which is responsible for any such services or utilities.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 25 July 1995, by section 5(1)(a) Local Government Amendment Act (No 2) 1995 (1995 No 40) by substituting the expression
“$1,000”
for the expression“$200”
. Subsection (1) was further amended by section 5(1)(b) of that Act by substituting the expression“$50”
for the expression“$20”
.Subsection (2) was substituted, as from 1 April 1988, by section 18 Local Government Amendment Act 1988 (1988 No 71).
Contracts and leases relating to ferries
357A Leasing powers of council with respect to ferries
-
The council having control of a ferry may let the ferry for a term not exceeding 14 years, for such rent and on such terms and conditions as to the maintenance of the ferry as the council thinks fit, and without submitting the lease to public auction or public tender:
Provided that before granting any such lease for any term exceeding 3 years the proposed terms and conditions thereof shall be publicly notified for at least 2 months.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Privately constructed bridges and ferries
358 Privately constructed bridges and ferries
-
(1) Subject to such conditions as he thinks fit, the Minister may from time to time, by notice in the Gazette, authorise any person to construct a bridge across any river, creek, or stream, the bed of which is vested in the Crown, or to establish a ferry across any river, creek, stream, or lake, the bed of which is vested in the Crown, and to maintain that bridge or ferry for such period as the Minister thinks fit, and to occupy for such period as the Minister thinks fit such portion of any road or Crown land as seems to him to be necessary as a site for that bridge or ferry.
(2) Every such bridge or ferry shall be deemed to be respectively a public bridge or ferry, and shall be open to the use of the public at all hours, subject to any regulations that may be made pursuant to this Act for regulating the use thereof.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
359 Regulations for maintenance and use of privately constructed bridges and ferries
-
Without limiting the general power to make regulations conferred by section 723 of this Act, regulations may be made under that section applying generally to bridges or ferries constructed or established under section 358 of this Act or to any such specified bridges or ferries,—
(a) For the management of those bridges or ferries and the approaches thereto, and for the maintenance of those bridges or ferries in good repair:
(b) Fixing the tolls (if any) to be levied on those bridges, and the fares to be chargeable for the conveyance of passengers, animals, or goods by those ferries:
(c) Declaring what exemptions shall be allowed from the payment of any such tolls or fares:
(d) Regulating the collection of any such tolls or fares, and preventing the evasion thereof.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words
“section 723 of this Act, regulations may be made under that section”
for the words“section 639 of this Act or by section 410 of the Municipal Corporations Act 1954 or section 449 of the Counties Act 1956, regulations may from time to time be made under any of those sections”
.
360 Minister may delegate powers to council
-
The Minister may from time to time, by notice in the Gazette, delegate to the council all or any of the powers conferred on him by section 358 of this Act, or authorise the council to make bylaws for all or any of the matters specified in section 359 of this Act.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Tolls at bridges, tunnels, and ferries
361 Establishment or abolition of toll gates at bridges, tunnels, and ferries
-
(1) The Minister may from time to time, by notice in the Gazette,—
(a) Authorise a council to establish, by using the special consultative procedure, toll gates and collect tolls at any bridge, tunnel, or ferry within the district or under the control of the council; or
(b) With the agreement of the council, abolish any toll gate or reduce the tolls to be taken at any toll gate if the Minister is of the opinion that any toll gate established by a council is not necessary or that the tolls taken thereat are excessive.
(2) Any authority granted under subsection (1)(a) of this section may be granted subject to such terms and conditions as the Minister thinks fit, including, but without limiting the generality of the foregoing provisions of this subsection, terms and conditions as to—
(a) The tolls that may be taken:
(b) The conditions under which the tolls may be taken:
(c) The persons and classes of persons exempted from payment of the tolls:
(d) The manner in which and the conditions on which tolls may be leased:
(e) The distraining for or recovery of tolls:
(f) The appointment and duties of collectors of tolls:
(g) The making of any toll gate in the district clearing any other toll gate in the district or in any other district.
(3) Notwithstanding the repeal by section 4 of the Local Government Amendment Act 1978 of sections 179 to 199 of the Public Works Act 1928, sections 206 to 211 of the Municipal Corporations Act 1954 and Schedule 9 to that Act, and sections 213 to 218 of the Counties Act 1956 and Schedule 4 to that Act, every toll gate established before the date of the commencement of this Part of this Act under any section so repealed and in existence immediately before that date shall continue in force on and after that date as if the said sections 179 to 199 or, as the case may be, sections 206 to 211 and the said Schedule 9 or sections 213 to 218 and the said Schedule 4 had not been repealed.
(4) Nothing in this section or in any notice given under this section shall be construed to limit or interfere with the right to levy tolls on any bridge, ferry, tunnel, tramway, or toll gate granted to any person during the period for which the tolls have been so granted, except on payment of adequate compensation.
(5) Every person commits an offence against this Act who—
(a) Evades the payment of any toll payable by him; or
(b) Resists or obstructs any toll keeper in the execution of his duty; or
(c) Falsely claims exemption from any toll.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(a) was amended, as from 7 July 2004, by section 14 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words
“using the special consultative procedure”
for the words“special order”
.
Part 22
Regional roads
Part 22, comprising sections 362 to 374, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
362 Interpretation
363 Power to declare regional roads
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(a) and (b) were substituted, as from 20 November 1981, by section 17(1) Local Government Amendment Act (No 2) 1981 (1981 No 111), for the former words.
Subsection (1) was further amended, as from 1 April 1988, by section 19 Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Secretary of Transit New Zealand”
for the words“District Commissioner of Works”
.Subsection (1) was further amended, as from 1 October 1991, by section 69 Resource Management Act 1991 (1991 No 69) by omitting the proviso.
Subsections (1), (3) and (5) were amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Subsection (3) was repealed, as from 1 October 1991, by section 69 Resource Management Act 1991 (1991 No 69).
Subsection (6) was amended, as from 1 January 1981, by section 17(2) Local Government Amendment Act (No 2) 1981 (1981 No 111) by substituting the words
“or other land is within the region and unless the council resolves that it is of the opinion that the road or other land”
for the words“unless the council resolves that it is of the opinion that the road”
.Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
364 Constituent authority may request council to declare regional road
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 20 November 1981, by section 18 Local Government Amendment Act (No 2) 1981 (1981 No 111) by substituting the words
“(a) That any road or part of a road within its district, whether then actually constructed or not: (b) Any other land, whether adjoining any road or not— should be declared to be”
for the words“that any road or part thereof within its district, whether then actually constructed or not, and any other land that is not part of a road should be declared to be or to be required for the purposes of”
.Subsection (1) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
365 Objections and appeals by constituent authorities
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1) and (2) were amended, as from 1 April 1988, by section 20 Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Minister of Transport”
for the words“Minister of Works and Development”
.Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
366 Powers of council in relation to regional roads
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(a) was amended, as from 6 June 1989, by section 32(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression
“section 247F”
for the expression“section 237A”
Subsection (1)(c) has been amended by substituting
“section 26 of the Public Works Act 1981”
, being the corresponding enactment in force, for“section 23 of the Public Works Act 1928”
.Subsection (2) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by omitting the word
“construction”
.Subsections (3) and (5)(b) were amended, as from 6 June 1989, by section 32(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression
“section 247F”
for the expression“section 237A”
Subsection (5) has been amended by substituting the
“Rating Powers Act 1988”
, being the corresponding enactment in force, for the repealed“Rating Act 1967”
.Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
367 Objections to intention to commence formation, or upgrading of regional road
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1) and (3)(a) were amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by omitting the word
“construction”
.Subsections (1) and (5) were amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
368 Power to delegate
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (2) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
369 Revocation of a regional road
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
.Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
370 Appeals
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1), (3) and (5) were amended, as from 1 April 1988, by section 21 Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Minister of Transport”
for the words“Minister of Works and Development”
.Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
371 Limited access regional roads
372 Bylaws
373 Road improvement land
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (2) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“for the purposes of the Resource Management Act 1991”
for the words“for the purposes of the Town and Country Planning Act 1977”
.Subsection (3) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
373A Subsidies under National Roads Act
374 Regional motorways
-
[Repealed]
Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1) and (3) were amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Voard”
.Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).
Part 23
Water supply by territorial authorities
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
375 This Part to be subject to Resource Management Act 1991, and Health Act 1956
-
[Repealed]
Nothing in this Part of this Act shall derogate from any of the provisions of the Resource Management Act 1991 or the Health Act 1956.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 375 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Section 375 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
376 Interpretation and application
-
[Repealed]
(1) In this Part of this Act, unless the context otherwise requires,—
Council means a territorial authority
District means the district of a territorial authority
Water supply area means a water supply area constituted under this Part of this Act
Waterworks includes all rivers, streams, lakes, waters, and underground waters, and all rights appertaining thereto, and all land, watersheds, catchment areas, water collection areas, reservoirs, dams, bores, tanks, and pipes, and all buildings, machinery, and appliances of every kind, vested in the council or acquired or constructed or operated by or under the control of the council under this Part of this Act, for or relating to the purpose of water supply, whether within or outside the district.
(2) All waterworks which before the commencement of this Part of this Act have been purchased, or acquired, or constructed, and established by any council under any special or other Act for the supply of water within or outside the district shall be deemed to have been purchased or acquired, or made, constructed, and established under this Part of this Act, and all the provisions of this Part of this Act relating to waterworks shall apply to those waterworks accordingly.
(3) [Repealed]
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (3) was repealed, as from 1 July 1992, by section 38 Local Government Amendment Act 1992 (1992 No 42).
Section 376 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
377 Constitution of water supply areas
-
[Repealed]
(1) The council may from time to time, by special order, declare the district or any specified portion of the district to be a water supply area for the purpose of the construction and maintenance of waterworks and the supply of water to persons within the area; and by any subsequent special order may alter the boundaries of any such area.
(2) The special order shall fix the day on which the water supply area shall be constituted or on which the boundaries shall be altered, as the case may be, and, in the case of the constitution of a water supply area, shall also give a name thereto.
(3) Every water supply area in existence at the commencement of this Part of this Act constituted pursuant to Part 18 of the Counties Act 1956 shall be deemed to be a water supply area constituted under this section.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 377 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Powers of council in regard to waterworks
378 Control of source of water supply
-
[Repealed]
Subject to this Part of this Act, a council shall, for the purposes of this Part of this Act, have control of all watercourses, streams, lakes, and other sources of water supply within its district.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 378 was substituted, as from 1 July 1992, by section 39 Local Government Amendment Act 1992 (1992 No 42).
Section 378 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
379 Council may construct or purchase waterworks
-
[Repealed]
(1) The council may—
(a) Construct or purchase any waterworks, whether within or outside the district, for the supply of pure water within the district or within any water supply area, or for the use of the shipping in any harbour adjoining:
(b) Keep those waterworks in good repair, and from time to time do all things necessary for that purpose;—
and in particular, without limiting the generality of the foregoing provisions of this subsection, the council may, subject to Schedule 14 to this Act,—
(c) Take, purchase, or otherwise acquire land, whether within or outside the district, in accordance with this Act:
(d) Subject to this Act and to any right granted under any other Act, take water from any river, stream, lake, or bore:
(e) Break up or dig into the surface of any road, private road, or public place, whether within or outside the district:
(f) Alter any drain, sewer, gas pipe, other pipe, cable, or other apparatus of any kind on or under any such road, so far as is necessary for that construction or repair:
(g) Prospect for water by any means, whether the land to be prospected is situated within or outside the district.
(2) All such waterworks shall vest in the council.
(3) All waterworks purchased under this section shall be deemed to be waterworks constructed under this Part of this Act.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 379 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
380 Special provisions as to waterworks beyond the district
-
[Repealed]
Schedule 14 to this Act shall apply to such parts of the waterworks as lie beyond the district.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 380 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Supply of water
381 Council may contract for water supply
-
[Repealed]
The council may contract with the owners of any waterworks or any other person for such supply of water as the council thinks necessary for the purposes of this Part of this Act.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 381 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
382 Persons supplied with water to prevent waste
-
[Repealed]
Every person supplied with water from the waterworks shall prevent the water running to waste. If any such person intentionally allows such water to run to waste the council may stop the supply of water to that person in such manner as it thinks fit.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 382 was substituted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Section 382 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
383 Notice of removal of water pipes to be given to council
-
[Repealed]
(1) Any person may remove any pipe or other apparatus belonging to him connected with the waterworks, after giving to the council not less than 14 days' notice in writing of his intention to do so, and of the time of the removal, but shall be liable for all damage done to any part of the waterworks thereby.
(2) If any person removes any such pipe or apparatus without giving that notice, he commits an offence, and, in addition to any penalty for the offence, he is liable to pay for all damage done to the waterworks by the removal.
(3) Notwithstanding anything in subsection (1) of this section, where with the consent of the council some other person receives water by means of that pipe or apparatus, the pipe or apparatus shall not be removed without the consent in writing of the council and that other person.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 383 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
384 Advances to property owners for water connections
-
[Repealed]
(1) The council may make advances to the owner of any land for the purpose of enabling him to do all things necessary (including the provision of pipes, fittings, appliances, and meters) to connect the land with any water-supply system of the district or to effect repairs to any such connection.
(2) Subsections (2) to (7) of section 463 and sections 464 and 465 of this Act (relating to advances in respect of the cost of drainage connections), as far as they are applicable and with the necessary modifications, shall apply with respect to every advance under this section as if it were an advance under the said section 463, and as if references in those sections to drainage works and to drainage and sewerage were references to waterworks and to the supply of water, respectively.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 384 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Supply to persons outside district
385 Supply of water outside district
-
[Repealed]
(1) The council may, with the consent of the territorial authority of the district in which the supply is given, supply any person outside the district with water; and, for that purpose, all the provisions of this Part of this Act relating to waterworks, and all the powers given to the council thereby, shall apply equally to all places, persons, and things outside the district as they apply to the same within the district.
(2) The council may contract, and shall be deemed to have always had power to contract, with any territorial authority to supply water to that territorial authority.
(3) The council may supply such water to places outside the district at such rate or charges, and for such times, and on such terms and conditions as the council from time to time determines.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was substituted, as from 1 July 1992, by section 40 Local Government Amendment Act 1992 (1992 No 42).
Section 385 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
386 Discontinuance of supply of water outside district
-
[Repealed]
The council may at any time, on giving not less than 12 months' notice in writing of its intention to do so, discontinue the supply of water outside the district without being liable to pay any compensation for the discontinuance or in any way relating thereto:
Provided that nothing in this section shall apply in any case where water is supplied to any territorial authority pursuant to a contract entered into under section 385(2) of this Act.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 386 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
387 Charge for water to residents of area added to district in certain cases
-
[Repealed]
Where any area to which water is supplied by the council pursuant to the authority conferred by section 385 of this Act becomes part of the district, the council may, until it makes and levies a water rate or water charge (or both) in that area, continue to supply water to the residents of the area at such rate or charges (or both) as were in force immediately before its inclusion in the district.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 387 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Use of water for motive power
388 Council may use water from waterworks for motive power
-
[Repealed]
Subject to the Electricity Act 1968, the council may use the water supplied by any waterworks belonging to the council for the purpose of obtaining motive power in connection with the production of electricity, but so that the ordinary supply shall not thereby be interfered with.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 388 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
389 Surplus water may be sold for motive power
-
[Repealed]
Subject to the Electricity Act 1968, the council may from time to time, where the supply of water in the district is in excess of all demands for ordinary and extraordinary supply within the meaning of any bylaw, enter into contracts to supply any person with an extraordinary supply of water for use as a motive power for the generation of electricity or any other purpose, upon such terms and conditions and at such charges, to be paid in such manner, as the council thinks fit.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 389 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
390 Discontinuance of supply of water for motive power
-
[Repealed]
Where under section 389 of this Act the council supplies any person with an extraordinary supply of water, the council may at any time, on giving not less than 3 months' notice in writing, or, if the excess of water fails, may at any time without previous notice, discontinue that extraordinary supply, without being liable to pay any compensation for the discontinuance or in any way relating thereto.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 390 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Protection of water and waterworks
391 Drawing off water from waterworks
-
[Repealed]
(1) Every person commits an offence who, unless authorised to do so by or under this Act or any other Act, does any act whereby the waters forming part of any waterworks are drawn off or diminished in quantity, and does not immediately on receiving notice in writing in that behalf from the council restore the waterworks to the state in which they were in all respects before that act.
(2) Every person who commits an offence against this section is liable to a fine not exceeding $1,000, and, where the offence is a continuing one, to a further fine not exceeding $200 for every day on which the offence has continued; and the council may, if it thinks fit, itself restore the waterworks to the said former state, and may recover from that person all the expenses incurred by doing so.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 391 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
392 Pollution of water supply
-
[Repealed]
Every person commits an offence against this Act who—
(a) Directly or indirectly pollutes or causes to be polluted the water supply of any district, or any part of that supply, in such a manner as to make the water a danger to human health or offensive; or
(b) Allows any livestock of which he is the owner or of which he has control to trespass on to any waterworks; or
(c) Directly or indirectly pollutes or causes to be polluted the watershed (being a part of or used for supplying water to any waterworks) in such a manner as to cause or be likely to cause the water to become a danger to human health or offensive.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 392 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
393 Factories, etc, may be examined
-
[Repealed]
(1) The council may at any time, by an authorised officer or agent, enter upon any works, factory, or business premises and cause the same to be thoroughly examined in order to ascertain whether any pollutant therefrom is flowing into any water or watershed (being a part of or used for supplying water to any waterworks), and may take samples of liquids being discharged therefrom.
(2) If it appears upon that examination that such is the case, the council may recover from the person carrying on or managing or having charge or control of the works, factory, or business premises all the expenses incurred in making the examination and in analysing any sample so taken.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 393 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
394 Diversion of water from waterworks in case of flood
-
[Repealed]
The council may in time of flood or other emergency lead any water from any waterworks vested in the council into any natural water with a view to the protection of the waterworks.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 394 was amended, as from 1 July 1992, by section 41 Local Government Amendment Act 1992 (1992 No 42) by omitting the words
“Subject to Part 24 of this Act,”
.Section 394 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
395 Offences with respect to waterworks
-
[Repealed]
(1) Every person commits an offence who—
(a) Unlawfully draws off or diverts any water from any waterworks; or
(b) Wilfully or negligently allows any pipe or apparatus on his premises to be out of repair so that water is wasted; or
(c) Not having agreed to be supplied with water from any waterworks, takes any such water from the supply furnished to another person; or
(d) Being supplied with water from any waterworks, supplies another person who has not agreed to be so supplied with, or permits him to take, any such water; or
(e) Bathes in the water of any waterworks; or
(f) Washes any clothing or other thing of any kind in the water of any waterworks; or
(g) Throws any animal or refuse or litter or debris of any sort into any water of any waterworks; or
(h) Opens the ground so as to uncover any pipe belonging to any waterworks, or connects any pipe with any such pipe, without giving the council at least 7 days' notice in writing of his intention to do so; or
(i) Connects any pipe with a pipe belonging to any waterworks without giving the council at least 3 days' notice in writing of the day and hour he proposes to do so, or without having obtained the permission of some person acting under the authority of the council in that behalf; or
(j) Connects any pipe with a pipe of any waterworks except in the presence of and pursuant to the direction of the officer appointed by the council to superintend that connection, unless that officer fails to attend at the time named in the notice; or
(k) Connects with a pipe of any waterworks any pipe of a strength or material not approved by the council.
(2) Every person who commits an offence against this section may, in addition to or instead of any penalty for the offence, be ordered to pay the cost incurred by the council in repairing the injury done to any part of the waterworks by any such act.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 395 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
396 Offences with respect to water meters
-
[Repealed]
(1) Every person commits an offence against this Act who alters the index of or in any other manner tampers with any water meter, with intent to defraud the council.
(2) No person (not being an officer or agent of the council acting as such) shall alter the position of any water meter without giving to the council not less than 3 days' notice in writing of his intention to do so.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 396 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
397 Council may stop supply of water in certain cases
-
[Repealed]
Where any person—
(a) Fails or refuses to do any act or thing that he is required to do by this Part of this Act; or
(b) Fails or refuses to do any act or thing that he has undertaken or agreed to do in respect of the supply of water to his land under this Part of this Act; or
(c) Commits any offence against this Part of this Act,—
the council may stop the supply of water to the land of that person in any manner it thinks fit and prevent him from using the water until he has ceased to make default or failure as aforesaid.
Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 397 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 24
Regional water supply
[Repealed]
Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)
398 This Part to be read subject to Resource Management Act 1991 and the Health Act 1956
-
[Repealed]
Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 398 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)
399 Interpretation
400 Council may supply water to constituent authorities
401 Council may construct or purchase waterworks
402 Local authorities and other bodies to be notified of work
403 Use of water for motive power
404 Surplus water may be sold for motive power
405 Discontinuance of supply of water for motive power
406 Council may contract for water supply
407 Drawing off water from waterworks
408 Offences with respect to water supply
409 Pollution of water supply
410 Factories, etc, may be examined
411 Diversion of water from waterworks in case of flood
412 Allocation of supply of water to constituent authorities
413 Appeals relating to supply of water
414 Council may operate constituent authority's waterworks
415 Supply of water to consumers outside the region
416 Supply of water to territorial authority
417 Discontinuance of supply of water outside region
418 Charges for water supplied to constituent authority
419 Surcharges for exceeding allocations
420 Payment of charges and surcharges
-
[Repealed]
Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 29 June 1988, by section 208(1) Rating Powers Act 1988 (1988 No 97) by substituting the words
“levy a separate rate or a charge or both under section 16 of the Rating Powers Act 1988”
for the words“levy a separate rate or a charge or both under section 143 of this Act”
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)
Part 25
Water races
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
420A Application of Part 25
-
[Repealed]
This Part—
-
(a) Applies only to—
(i) Water races owned by a council:
(ii) Water races under construction by a council:
(iii) Water races that a council has agreed to construct; and
(b) Does not apply in respect of water races transferred by a council under Part 29A.
Section 420A was inserted, as from 15 October 1999, by section 2 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 420A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
421 This Part to be subject to Resource Management Act 1991
-
[Repealed]
Nothing in this Part of this Act shall derogate from any of the provisions of the Resource Management Act 1991.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 421 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Section 421 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
422 Interpretation
-
[Repealed]
(1) In this Part of this Act, unless the context otherwise requires,—
Council means a territorial authority
District means the district of a territorial authority
Regional Water Board
[Repealed]
Subsection (1)
“Regional Water Board”
and water region: omitted, as from 1 July 1992, by section 43 Local Government Amendment Act 1992 (1992 No 42).Water race means the land occupied by any water channel (not being a main river) in, upon, or through any land for the supply of water to be used solely or principally for farming purposes, or, in the case of a water race in existence at the date of the commencement of this Part of this Act, for any purpose for which water therefrom may be used at that date, and constructed by or under the authority of the council; and includes—
(a) All branch races taken or made through any land for the purpose of supplying water as aforesaid; and
(b) Any alteration, extension, or widening thereof, whether made by the council or by any person with the approval of the council; and
(c) All flood or other banks, dams, sluices, flumes, bridges, gauges, meters, reservoirs, or other water works appertaining to or forming part of a water race; and
(d) All buildings and machinery, pipes, and other materials upon the land and within the limits of a water race or appertaining to or used in connection with a water race; and
(e) Any natural water channel purchased or acquired by the council pursuant to this Part of this Act or declared to be a water race pursuant to section 429 of this Act, and any artificial water race or channel purchased or acquired or constructed upon, under, or over any private land pursuant to this Part of this Act, or any such race or channel constructed upon, under, or over land vested in the council or, in the case of land in respect of which the Minister of Works and Development is the council, vested in the Crown:
Water-race area means a water-race area constituted under this Part of this Act.
(2) Every water race vested in a council or in the Crown at the commencement of this Part of this Act which has been constructed or established under Part 1 of the Water Supply Act 1908 or Part 3 of the Counties Amendment Act 1961, or under the corresponding provisions of any former Act, shall be deemed to be a water race constructed by a council under this Part of this Act.
(2A) Every water race vested in a council at the commencement of the Local Government Amendment Act (No 5) 1999, being a water race that has been constructed or established under Part 2 of the Land Drainage Act 1908, or under the corresponding provisions of any former Act, is deemed to be a water race constructed by a council under this Part of this Act.
(3) Every water race district constituted under Part 1 of the Water Supply Act 1908 or under Part 3 of the Counties Amendment Act 1961 and in existence at the commencement of this Part of this Act shall be deemed to be a water-race area constituted under this Part of this Act.
(3A) Every irrigation district constituted under Part 2 of the Land Drainage Act 1908 and in existence at the commencement of the Local Government Amendment Act (No 5) 1999 is deemed to be a water-race area constituted under this Part of this Act.
(4) Nothing in this Part of this Act shall restrict or interfere with the operation of Part 18 of the Public Works Act 1981, nor apply to any water race or portion of a water race that has been constructed or used or is to be constructed or used under the authority of any right granted or authorised under the Water and Soil Conservation Act 1967 or under the authority of any current mining privilege within the meaning of Part 1 of the Water and Soil Conservation Amendment Act 1971.
(5) Nothing in Part 23 of this Act shall apply with respect to any water race to which this Part of this Act applies.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
This section was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression
“Part 18 of the Public Works Act 1981”
for the expression“Part 10 of the Public Works Act 1928”
.Subsection (2A) was inserted, as from 15 October 1999, by section 3(1) Local Government Amendment Act (No 5) 1999 (1999 No 125).
Subsection (3A) was inserted, as from 15 October 1999, by section 3(2) Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 422 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Water-race areas
423 Constitution, alteration, and union of water-race areas
-
[Repealed]
(1) The council may from time to time, by special order, declare the whole district or any defined part thereof to be a water-race area for the purpose of the construction and maintenance therein of water races and the supply of water therefrom; and by any subsequent special order may—
(a) Alter the boundaries of any water-race area:
(b) Declare that any 2 or more adjoining water-race areas shall be united so as to form a new water-race area.
(2) Before making any such special order, the council shall cause a plan of the proposed water-race area, or, as the case may be, a plan of the area showing the proposed alteration of boundaries, or a plan of the water-race areas to be united, to be deposited at the public office of the council and at such other place or places as the council determines.
(3) Every such plan shall be open for inspection by the public without fee for at least one month before the passing of the resolution to make the special order, and public notice of the time when and the place or places where that inspection can be made shall be given by the council.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 423 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
424 Subdivision of water-race areas
-
[Repealed]
(1) The council may from time to time, by special order, divide any water-race area into subdivisions, and may define the boundaries of any such subdivisions, and assign names thereto.
(2) The council may from time to time, by special order,—
(a) Alter the boundaries of any such subdivisions:
(b) Abolish any such subdivisions.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 424 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
425 Water-race map
-
[Repealed]
(1) The council shall cause a map to be made showing the course and, if the council so decides, the levels of all water races made or intended to be made for the supply of water to a water-race area; and shall from time to time cause any new water races, or any extension, diversion, or alteration of existing water races found to be necessary, to be marked on that map.
(2) The water-race map shall be open for public inspection at all reasonable hours at the public office of the council.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 425 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Powers of council as to water races
426 General powers of council as to water races
-
[Repealed]
(1) The council may from time to time, in manner provided by this Part of this Act, purchase, construct, maintain, enlarge, alter, extend, divert, cleanse, or repair any water race in any water-race area, and for that purpose may, subject to Schedules 14 and 16 to this Act,—
(a) Take, purchase, or otherwise acquire land, within or outside the district, in accordance with the provisions of this Act:
(b) Contract with the owner of any private land for and acquire from him by deed duly executed the grant in perpetuity to the council, or, where the Minister of Local Government is the council, to the Crown, of the use, occupation, and enjoyment of that land:
(c) Make water races upon, over, or under any land:
(d) Make water races over or under any road or public place:
(e) Alter the course or level of any road or private road or public place, and break up and dig into the surface thereof and stop temporarily the traffic thereon:
(f) Alter any drain, sewer, gas pipe, other pipe, cable, or other apparatus of any kind on or under any road, private road, or public place:
(g) Make water races across any stream or river, but so as not to impede the flow of any such stream or river or the navigation upon any navigable river, except under the provisions of a special Act:
(h) Alter the course of any stream, river, ditch, or drain:
(i) Take, impound, or divert the water from any stream or river, and make dams, sluices, reservoirs, or other waterworks in any stream or river, whether or not the stream or river forms part of the water race:
(j) Without any previous payment, tender, or deposit, enter upon and use any land in the area for the purpose of taking therefrom any earth, clay, stone, boulders, gravel, sand, and other material:
(k) Make over any land in the area temporary roads or approaches, doing thereby no unnecessary or avoidable damage to the land:
(l) Lay or deposit on any land within the area any materials whatsoever to be used in connection with any such work, and erect on any such land any temporary shelter for workmen and other persons, doing thereby no unnecessary or avoidable damage to the land:
(m) Deposit on any land within the area any spoil from any such work or removed from any water race in the maintaining, cleansing, or repairing of the water race:
(n) Construct all works, buildings, and machinery of every description and material, and generally do all things necessary for the purposes aforesaid:
(o) Stop, reduce, or alternate the flow of water in any water race, and control and manage all water races in the area in such manner as it considers best adapted for the purpose of providing a supply of water under this Part of this Act:
(p) Allocate to, between, and among the occupiers and owners of land in the water-race area the cost incurred by the council in and about the execution of the works mentioned in this subsection, and of any other works which the council undertakes, constructs, and carries out for all or any of the purposes aforesaid:
(q) Contract with any person for such supply of water as the council thinks necessary for the purposes of this Part of this Act.
(2) Every such water race shall vest in the council.
(3) Where any owner or occupier of land in a water-race area, upon demand in writing made upon him by the council, or within such time after the making of that demand as the council by resolution appoints, fails to pay at the public office of the council, or at such other place as is appointed by the council for the purpose, the amount allocated to be paid by him under subsection (1)(p) of this section, the amount so allocated shall be recoverable as a debt owing to the council by that owner or occupier.
(4) Every water race shall, where necessary to prevent damage to any land, have an outfall to the sea, or to some river, stream, creek, lake, lagoon, canal, or public drain.
(5) The council shall not be responsible for the failure of any water supply to any water race, from whatever cause the failure may arise.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1)(b) was amended, as from 1 April 1988, by section 22 Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Minister of Local Government”
for the words“Minister of Works and Development”
.Section 426 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
427 Discontinuance of water race
-
[Repealed]
(1) The council, with the prior consent of the Regional Council (which consent shall not be unreasonably withheld) may, pursuant to a special order in that behalf, discontinue any water race from a date to be fixed in the special order, being not earlier than 3 months after the date of the making of the special order.
(2) Without limiting the power of the council to have regard to any other relevant matters, the council, in deciding whether or not any water race should be discontinued, shall have regard to—
(a) The cost of maintaining the water race; and
(b) The revenue derived by the council in respect of the water race; and
(c) The number of persons who for the time being are using water from the water race; and
(d) The availability and cost to those persons of any alternative supplies of water; and
(e) Any change in the circumstances since the construction of the water race.
(3) The council shall serve copies of the proposed special order on persons entitled to use water from the water race, so far as they can be reasonably ascertained, at least 14 days before the date fixed for the meeting to confirm the resolution to make the special order.
(4) Within one month after the date of the making of a special order under this section, any person entitled to use the water from the water race may apply to a District Court for an order setting aside the special order. Pending the determination of the application, the council shall not be entitled to discontinue the water race.
(5) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the special order should or should not be set aside, and in the former case the special order shall be deemed to be void.
(6) Where the Court determines that any such special order shall not be set aside, the council may discontinue the water race at any time after the expiration of 3 months from the date of the giving of the decision of the Court.
(7) All applications to a District Court under this section shall be made by way of originating application in accordance with the rules of that Court, and the fees prescribed by those rules in respect of originating applications shall be payable.
(8) Where all persons entitled to be supplied with water from the water race, or, as the case may be, the part proposed to be discontinued, consent thereto in writing, the council may, by resolution publicly notified, discontinue any water race or any part of any water race from a date to be specified in the resolution.
(9) Where all the water races in a water-race area have been discontinued, the council may by resolution abolish the area.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) amended, as from 1 July 1992, by section 44 Local Government Amendment Act 1992 (1992 No 42) by substituting the words
“Regional Council”
for the words“Regional Water Board in any case where the water race is situated in a water region”
.The words
“District Court”
were substituted for the words“Magistrate's Court”
, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).Section 427 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
428 Council may sell disused water race
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[Repealed]
Where any water race is no longer needed or is abandoned or discontinued, the council may sell or otherwise dispose of the water race and of all the materials appertaining thereto or forming part thereof upon such terms and conditions as the council thinks fit.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 428 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
429 Water channel may be declared a water race
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[Repealed]
Subject to the Resource Management Act 1991, where a natural water channel exists within a water-race area, the following provisions shall apply, notwithstanding anything in this Part of this Act:
(a) On the written application of not less than two-thirds of the occupiers and owners of such of the land through or adjoining which the water channel runs as is within the area, the council may by special order declare the water channel to be a water race:
(b) So long as the special order continues in force, every owner or occupier of land through or adjoining which the water race runs shall be entitled to use the water, in so much of the water race as is within or adjoining the boundaries of his land, for any purpose for which the water race may be used under this Part of this Act; but shall not be entitled to divert the water except at such times, to such extent, and subject to such conditions as are prescribed by bylaws, which the council is hereby empowered to make:
(c) The water race shall be under the control of the council, which may from time to time increase, diminish, or stop the supply of water therein as it thinks fit.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 429 was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“Subject to the Resource Management Act 1991,”
for the words“Subject to the Soil Conservation and Rivers Control Act 1941,”
.Section 429 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
430 Council may stop supply of water in certain cases
-
[Repealed]
Where any person—
(a) Fails or refuses to do and perform any act or thing that he is required to do by this Part of this Act, or by any bylaws made thereunder; or
(b) Fails to do and perform any matter or thing that he has undertaken or agreed to do in respect of the supply of water to his land under this Part of this Act; or
(c) Commits any offence against this Part of this Act, or any such bylaws,—
the council may stop the supply of water to the land of that person and prevent him from using the water until he has ceased to make default or failure as aforesaid.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 430 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
431 Compensation
-
[Repealed]
(1) Every person having any estate or interest in any land taken by the council under this Part of this Act, or injuriously affected thereby, or suffering any damage from the exercise of any of the powers given to the council by this Part of this Act, shall be entitled to full compensation for the same from the council.
(2) Such compensation shall be assessed in the manner provided by the Public Works Act 1981.
Part 25 (sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59). See Part 1 of that Act.
Section 431 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
432 Appointment of managing ratepayers
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[Repealed]
(1) On receipt by the council of a request signed by a majority of ratepayers supplied by any water race vested in the council that the management of the water race be given to managing ratepayers as hereinafter mentioned, the council may, by special order, appoint not fewer than 5 nor more than 7 ratepayers of the water race area or subdivision thereof in which the race is situated, who shall, on behalf of the council, have the management of the water race, and for that purpose shall have and may exercise all or such of the powers of management possessed by the council as are specified in the special order.
(2) Any such special order may from time to time be varied or rescinded by resolution of the council.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 432 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Water races outside district
433 Exercise of powers outside district
-
[Repealed]
Schedule 14 to this Act shall apply to such parts of any water race as lie outside the district.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 433 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
434 Supply of water outside district
-
[Repealed]
(1) The council may, with the consent of the territorial authority of the district in which the supply is given, supply any person outside the district with water from any water race to be used for any purpose for which water from the race may be used within the district, and for that purpose all the provisions of this Part of this Act relating to water races, and all the powers given to the council thereby, shall apply equally to all places, persons, and things outside as they apply to the same within the district:
Provided that this power shall not be exercised unless surplus water is available after supplying the requirements of all persons and land within the water-race area and entitled to be supplied.
(2) The council may contract, and shall be deemed to have always had power to contract, with the local authority of any district of any kind to supply water to that local authority from any water race.
(3) The council may supply such water to places outside the district at such charges, and for such times, and on such terms and conditions as the council from time to time determines.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 434 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
435 Discontinuance of supply of water outside district
-
[Repealed]
Where under section 434 of this Act the council supplies water to any person outside the district, the council may at any time, on giving not less than 12 months' notice in writing of its intention to do so, discontinue the supply of water outside the district without being liable to pay any compensation for the discontinuance:
Provided that nothing in this section shall apply in any case where water is supplied to any local authority pursuant to a contract entered into under subsection (2) of that section.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 435 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Provisions for the protection of water races
436 Drawing off water from streams supplying water race
-
[Repealed]
(1) Every person commits an offence who, unless authorised to do so by or under this Act or any other Act, does any act whereby the waters of any water race are drawn off or diminished in quantity, and does not immediately on receiving notice in writing in that behalf from the council restore the water race to the state in which it was in all respects before that act.
(2) Every person who commits an offence against this section is liable to a fine not exceeding $1,000, and, where the offence is a continuing one, to a further fine not exceeding $200 for every day during which the offence has continued.
(3) If any person fails to comply with a notice given to that person under subsection (1), the council, whether or not proceedings are taken against that person in respect of any offence, may, at any time after the lapse of a period of 24 hours from the giving of the notice, execute all the works necessary to restore that water race.
(4) The council, whether or not it executes any work under subsection (3), may recover from any person who fails to comply with a notice given to that person under subsection (1)—
(a) The costs or expenses (if any) incurred by the council under subsection (3); and
(b) The expenses incurred by the council under this section in respect of any investigations or supervision carried out by the officers or agents of the council; and
(c) The amount of any damage sustained by reason of the taking or diverting of the water.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (3) was substituted, and subsection (4) was inserted, as from 15 October 1999, by section 4 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 436 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
437 Offences with respect to water races
-
[Repealed]
(1) Every person commits an offence who—
(a) Commits a nuisance in or near any water race; or
(b) Unlawfully draws off or diverts any water from any water race; or
(c) Wilfully or negligently allows any pipe or apparatus on his premises to be out of repair so that water supplied from any water race is wasted; or
(d) Not having agreed to be supplied with water from any water race, takes any such water from the supply furnished to another person; or
(e) Being supplied with water from any water race, supplies another person who has not agreed to be so supplied with, or permits him to take, any such water; or
(f) Bathes in any water race; or
(g) Washes any clothing or other thing of any kind in any water race; or
(h) Throws any animal or refuse or litter or debris of any sort into any water race; or
(i) Takes or conveys any machinery through or across any water race, except at an appointed crossing place; or
(j) By any means obstructs the flow of water in any water race, or permits any gorse, broom, tree, plant, or other matter to grow or spread from land in his occupation, or from any hedge or fence growing on that land or on the boundary thereof, into, on, or over any water race, or into, on, or over any land reserved or used for the purpose of a water race, or into, on, or over any land where that gorse, broom, tree, plant, or other matter is likely to obstruct the flow of water in any water race; or
(k) Without the consent of the council, interferes with any dam, reservoir, headworks, or buildings connected with any water race; or
(l) Without the consent of the council, widens or deepens any water race, or alters the course thereof; or
(m) Obstructs any field-crossing over a water race; or
(n) Removes, displaces, alters, injures, or interferes with any bank, dam, sluice, flume, bridge, gauge, meter, reservoir, pipe, or other works or things used in supplying, or distributing water from, any water race; or
(o) Opens the ground so as to uncover any pipe belonging to any water race, or connects any pipe with any such pipe, without giving the council at least 7 days' notice in writing of his intention to do so; or
(p) Connects any pipe with a pipe belonging to any water race without giving the council at least 2 days' notice in writing of the day and hour he proposes to do so, or without having obtained the permission of some person acting under the authority of the council in that behalf; or
(q) Connects any pipe with a pipe of any water race, except in the presence of and pursuant to the direction of an officer appointed by the council to superintend that connection, unless that officer fails to attend at the time named in the notice given pursuant to paragraph (p) of this subsection; or
(r) Connects with a pipe of any water race any pipe of a strength or material not approved by the council; or
(s) Alters the index of or in any other manner tampers with any meter with intent to defraud the council.
(2) Every person who commits an offence against this section may, in addition to any penalty for the offence, be ordered to pay the cost, as assessed by the Court, incurred by the council in repairing the injury done to any part of any water race by any such act or default, and that cost shall be recoverable as a fine.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 437 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
438 Pollution of water races
-
[Repealed]
Every person commits an offence who—
(a) Directly or indirectly pollutes or causes to be polluted the water in any water race or in any watercourse used for supplying water to any water race, in such a manner as to make the water a danger to human health or offensive; or
(b) Allows any livestock of which he is the owner or of which he has control to trespass on to any water race or any such watercourse.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 438 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84). See also section 60 Health Act 1956 (1956 No 65).
Bylaws
439 Bylaws as to water races
-
[Repealed]
(1) Without limiting the power of the council to make bylaws conferred by section 684 of this Act, bylaws may be made under that section—
(a) To regulate the use of water from water races, and to prohibit the taking or use of water from water races for specified purposes or during specified periods:
(b) To prohibit or regulate the planting of any trees, hedges, or other plants or the erection or re-erection of any fences or structures on or within a specified distance from water races where they will obstruct or be likely to obstruct the free passage of machinery or apparatus used for the purpose of improving, maintaining, or cleaning water races, and requiring owners and occupiers of land on which any trees, hedges, or other plants are planted or fences or structures are erected or re-erected in breach of the bylaws to remove them:
(c) To prohibit the obstruction of water races:
(d) To prohibit the driving of animals or vehicles, and the conveying of machinery and other material, through or across water races, except at appointed crossings:
(e) Prohibiting interference, without the consent of the council, with dams, reservoirs, headworks, buildings, machinery, or appliances connected with water races:
(f) To protect persons employed by the council in connection with water races in the discharge of their duties:
(g) To prohibit the widening and deepening of water races, or the alteration of the course thereof, without the consent of the council:
(h) To prohibit trespasses upon water races through, over, upon, or under roads:
(i) Generally to prevent trespasses, nuisances, and obstructions to water races, and to make all such provision as to the council seems necessary or expedient for the proper protection and proper management of water races:
(j) To provide for the cleansing, repair, or maintenance of any water race by the owner or occupier of land on which that race is situated, or which is adjacent to any road or reserve on which that race is situated.
(2) Any such bylaw may empower the council, in case the owner or occupier of land on which any water race is situated, or the water of which he is at liberty to use, makes default in cleansing, repairing, or maintaining the race, to do the work and recover the cost thereof from that owner or occupier as a debt, whether or not proceedings are taken for a breach of the bylaw.
Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 439 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 26
Sewerage and stormwater drainage by territorial authorities
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
440 This Part to be subject to Soil Conservation and Rivers Control Act 1941 and Water and Soil Conservation Act 1967
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[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 440 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Section 440 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
441 Interpretation and application
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[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (3) was repealed, as from 1 July 1992, by section 45 Local Government Amendment Act 1992 (1992 No 42).
Section 441 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Powers of council in respect of sewerage and stormwater drainage
442 Council may make provision for drainage of district
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[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 442 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
443 Constitution of urban drainage areas
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[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 443 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
444 Drainage map
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[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 444 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
445 Council may construct drains
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[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 445 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
446 Council may cover in watercourse so as to make it a public drain
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(1) The council may enclose and cover in any watercourse within the district which, by reason of any pollutant therein, or from any other cause whatever, is, or in the opinion of the council may become, a nuisance or dangerous to the public health, whereupon the work shall become a public drain of the district.
(2) For that purpose the council may make, construct, and lay down such drains or do such other works as in the opinion of the council are necessary for the covering in of the watercourse.
(3) The council may do such work as in its opinion is necessary to exclude from any watercourse any pollutant which in the opinion of the council should be excluded therefrom, and for that purpose and for the purposes of subsection (1) of this section the council may straighten or otherwise alter the course and direction of any watercourse, and take up, disconnect, alter, relay, or otherwise deal with any private drains communicating with any watercourse.
(4) In the exercise of any powers conferred on it by this section, the council shall not be liable to pay compensation in respect of anyone being deprived of the water flowing in the watercourse, or of the right to that water, nor for any damage or inconvenience occasioned to the owners or occupiers of those lands or premises, but shall nevertheless make good any damage or injury caused during the construction of the works:
Provided that this subsection shall not apply in any case in which the nuisance or danger has been caused by the act or default of the council.
(5) Before undertaking any work under this section the council must—
-
(a) prepare a statement of proposal in relation to the work that includes—
(i) a description of the work; and
(ii) the reasons for the work; and
(iii) an explanation of the procedure under subsection (7); and
(iv) when and where the council will vote on a motion to undertake the work; and
(v) any other information that the council identifies as relevant; and
(b) make the statement of proposal available in a way appropriate to the subject-matter of the proposal; and
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(c) produce a summary of proposal that—
(i) is a fair representation of the major matters in the statement of proposal; and
(ii) explains how the statement of proposal is avail-able for inspection; and
(d) publicise the summary of proposal in a way appropriate to the subject-matter of the proposal.
(6) The council must not vote on a motion to undertake the proposed work until at least 20 working days after the summary of proposal is first publicised under subsection (5)(d).
(7) An owner or occupier of land who may be affected by the work may apply to a District Court for an order under subsection (8) at any time between the publicising of the summary of proposal under subsection (5)(d) and 10 days after a resolution of the council is made under subsection (6).
(8) The Court may make an order or orders—
(a) setting a date before which the council may not under-take the work:
(b) allowing the council to undertake the work with or without modification:
(c) prohibiting the council from undertaking the work.
(9) Despite subsections (5) to (8), a council may, at any time, undertake temporary works for abating a nuisance in a water-course if the Medical Officer of Health, or 2 medical practitioners, has certified in writing that immediate action in relation to the watercourse is necessary in the interests of public health.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsections (5) and (6) were substituted, as from 7 July 2004, by section 15 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Subsection (7) was amended, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125) by substituting the words
“District Court”
for the words“Magistrate's Court”
.Subsections (7) to (9) were substituted, as from 7 July 2004, by section 15 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Subsection (9) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word
“registered”
. See sections 178 to 227 of that Act as to the transitional provisions. -
447 Betterment contributions where watercourse covered in
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(1) Where the council incurs any expenditure in enclosing and covering in any watercourse under the powers conferred by section 446 of this Act, each owner of land benefited or likely to be benefited from the enclosing and covering in of the watercourse shall, if the council so requires, pay to the council on account of betterment the amount of the increased value thereby given, or likely to be given, to his land, or any smaller amount.
(2) Subsections (3) to (10) of section 326 of this Act (relating to betterment contributions due to road widening), as far as they are applicable and with the necessary modifications, shall apply with respect to claims for betterment under this section as if it were a claim for betterment under the said section 326, and as if the reference in subsection (4) of the said section 326 to the widening of a road or part of a road was a reference to the enclosing and covering in of a watercourse.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
448 Stormwater may be led into watercourses
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[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 448 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
449 Channels for stormwater
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[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 449 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
450 Council may make dams, etc, in watercourses
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[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 450 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
451 Diversion, etc, of drainage works
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(1) If any person proposes to erect any building or to carry out any work in such a location and at such levels that the diversion, alteration, protection, or replacement of any of the drainage works of the council appears to be essential to the erection of the building or carrying on of the work,—
(a) That person shall notify the council of his proposals; and
(b) If the council is satisfied that it is practicable for its drainage works to be diverted, altered, protected, or replaced without material interference with the services for which it is responsible and that it is reasonable that this be done, it may enter into an agreement with that person as to the manner in which the drainage works shall be diverted, altered, protected, or replaced.
(2) The cost of so diverting, altering, protecting, or replacing the drainage works of the council shall be borne by that person, and all other costs which the council may incur in any way incidental thereto shall be paid to the council by that person.
(3) If that person fails to comply with any condition specified in any such agreement, he commits an offence against this Act.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
452 Council may treat and deal with sewage
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 452 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Powers of council as to drainage outside district
453 Council may construct drainage works outside district
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 453 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
454 Construction and repair of drainage works outside district
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 454 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
455 Council may agree to use drainage works under control of other local authority
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 455 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
456 Council may drain areas outside district
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 456 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
457 Discontinuance of drainage outside district
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 457 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
458 Charges for drainage in areas added to district
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 458 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Private drains
459 Council may require owners of land in certain cases to provide private drains
-
(1) In respect of any land or building within the district, the council may, subject to sections 283 and 294(9) of this Act and to subsection (7) of this section, by notice in writing, require the owner thereof to do all or any of the following things:
(a) To provide, construct, and lay a private drain from any land or building which is not drained by some drain to the satisfaction of the council, and to connect that private drain with any public drain or watercourse or the sea, as the council thinks fit:
(b) To cleanse and repair or to relay or alter the course, direction, and outfall of any existing private drain of or belonging to the premises:
(c) To connect any such existing private drain with any public drain or watercourse other than the public drain or watercourse with which the private drain was previously connected:
(d) To provide and affix in and to any such existing private drain, and in and to any such new private drain, all such traps, methods of ventilation, and other fittings whatever as the council directs:
(e) To connect or disconnect any existing or new private drain with or from any water closet, urinal, bath, sink, grease trap, or other sanitary appliance:
(f) To execute, provide, and do generally any works, materials, and things which in the opinion of the council are necessary or expedient for the efficient drainage of the premises and every part thereof.
(2) The council may, in the exercise of the powers conferred upon it by subsection (1) of this section, instead of requiring several owners each to provide, construct, and lay a private drain, and to connect that private drain with any public drain, or watercourse, or the sea as provided in that subsection, require those owners—
(a) Jointly to provide, construct, and lay a common private drain through such of the separately owned lands as the council thinks fit, and to connect that private drain with any public drain, watercourse, or the sea as aforesaid; and
(b) Severally to provide, construct, and lay a private drain from the land or building of which each is the owner, and to connect that private drain with the common private drain.
(3) The powers conferred upon the council by paragraphs (b) to (f) of subsection (1) of this section may also be exercised with respect to private drains provided, constructed, and laid under subsection (2) of this section, and to similar private drains heretofore provided, constructed, and laid in the district.
(4) Every notice under this section shall specify the works, materials, and things to be executed, provided, or done thereunder, and the public drain or watercourse with which any private drain is required to be connected, and shall limit a time within which the works, materials, and things shall be so executed, provided, and done.
(5) The foregoing powers shall, among other things, enable the council to require any owner of premises to cause any pollutant and any water that does not contain any pollutant to be drained respectively by sewerage drains and stormwater drains to separate outfalls:
Provided that the council shall not in any such notice require any pollutant to be drained into any open drain.
(6) If the owner fails to do any work specified in the notice and as therein directed, the council may, if it thinks fit, cause the work to be done, and may recover from him the costs and expenses of the work together with 10 percent of those costs and expenses for supervision by the officers or agents of the council, and interest at a rate per annum, as fixed by the council, on the total sum until payment thereof. Where any work done by the council pursuant to this subsection is on account of several owners, the council may apportion the total amount as aforesaid between those owners, and the amount so apportioned to each such owner shall be the amount recoverable from him.
(7) No owner shall be required—
(a) To construct any private drain, other than a common drain, to connect with any public drain or the sea at a point more than 30 metres from his land; or
(b) To construct any private drain for the drainage of a building if the nearest part of the building is situated more than 60 metres from the public drain, or watercourse, or sea to which it is required to be connected.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (6) was amended, as from 10 September 1999, by section 5 Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words
“pursuant to section 221 of this Act”
.Subsection (7) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by omitting the words
“Subject to Part 20 of this Act”
.
460 Construction of private drains through adjoining premises
-
(1) Where, in the opinion of the council, the only practical route of any new private drain is through one or more adjoining premises, and any owner or owners of any of those premises will not consent to its construction, the council may, pursuant to a resolution in that behalf, of which notice shall be given to the owner or owners withholding his or their consent as aforesaid, enter upon his or their premises and execute, provide, and do all or any of the works, materials, and things which the council considers necessary, in order that the drain shall be laid in an efficient manner.
(2) Before passing a resolution under subsection (1) of this section, the council shall give to every owner refusing his consent as aforesaid an opportunity to be heard before a committee of the council.
(3) The cost incurred by the council in carrying out the said work, including the payment of compensation for injurious affection to any premises through which the drain is laid, shall be payable by the council in the first instance, and may be recovered by it from the owner of the land to be served by the private drain; and section 465 of this Act shall apply with respect to the amount so recoverable as if it were an advance made by the council under section 463 of this Act.
(4) If agreement cannot be reached between the council and any claimant for any such injurious affection, the matter shall be determined as if the work were a public work and the claim were a claim for injurious affection in respect thereof under the Public Works Act 1981.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
461 Further provisions with respect to private drains
-
(1) Where any private drain constructed with the consent of the owners of all the lands affected or constructed by the council pursuant to section 460 of this Act passes through or serves separately owned premises, there shall be attached to each and all of the lands served by that private drain the following rights, namely:
(a) A right to the free and uninterrupted use of that private drain; and
(b) A right for the occupiers or any of them to enter upon all lands served by that drain, or through which it passes, for the purpose of relaying or effecting necessary repairs to the drain; and
(c) A right to contribution from the owners or occupiers of other lands so served by that drain towards the cost of executing, providing, and doing all or any of the things required in respect of the drain by this Part of this Act or any bylaw; and
(d) A right to contribution from the owners or occupiers of those other lands towards the cost of all necessary relaying of or repairs to the drain; and
(e) A right to the recovery from the owners or occupiers of other lands through which that drain passes but which are not served by the drain of the cost of any repairs to the drain necessitated by any wilful or negligent act of those owners or occupiers,—
and those rights, upon a certificate being furnished by the principal administrative officer that any of the lands is actually served by that drain, together with such plans (if any) as the District Land Registrar requires, shall be registered by the District Land Registrar against the titles to all the other lands so served by the drain, and also, in the case of the right to free and uninterrupted use of the drain and the right to enter upon land to effect necessary relaying or repairs, or to recover under paragraph (e) of this subsection the cost of any repairs to the drain, against the titles to the lands through which the drain passes.
(2) The District Land Registrar, on the receipt by him of a certificate signed by the principal administrative officer that any of the said lands is actually served by that private drain, shall enter on the register and upon the outstanding duplicate certificate of title for that land, which certificate of title shall be produced to him for that purpose,—
(a) Particulars of the certificate given by the principal administrative officer; and
(b) A memorandum that there are attached to the land the rights specified in subsection (1) of this section.
(3) If any question arises as to the liability of any owner or occupier under any provision of subsection (1) of this section, a District Court shall have jurisdiction to hear and determine the question, and the decision of the Court shall be final.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 April 1980, by section 39 Local Government Amendment Act 1980 (1980 No 82) by substituting the expression
“paragraph (e)”
for the expression“paragraph (c)”
.The words
“principal administrative officer”
were substituted for the words“principal officer”
, as from 19 January 1981, pursuant to section 2(2) Local Government Amendment Act 1980 (1980 No 82).The words
“District Court”
were substituted for the words“Magistrate's Court”
, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
462 Council may declare private drain to be public drain
-
(1) The council may, by resolution passed at a meeting of which at least 14 days' public notice has been given, declare any specified private drain in the district to be a public drain.
(2) For the purposes of this section, every drain constructed for State housing purposes under the Housing Act 1955 and serving 2 or more properties, or carrying water from any road channel or sump over or under any land to a watercourse or public drain, shall be deemed to be a private drain.
(3) Where a certificate under section 461 of this Act in relation to any private drain has been entered on the register pursuant to that section or the corresponding provisions of any former enactment and the drain has been declared to be a public drain pursuant to subsection (1) of this section,—
(a) The principal administrative officer shall send to the District Land Registrar an authenticated copy of the resolution under that subsection; and
(b) The District Land Registrar shall enter on the register and on the outstanding certificates of title to the lands served by that drain (which shall be produced to him for the purpose) a memorandum that the drain has become a public drain.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“principal administrative officer”
were substituted for the words“principal officer”
, as from 19 January 1981, pursuant to section 2(2) Local Government Amendment Act 1980 (1980 No 82).
Money payable by owners and occupiers
463 Advances by council to owners in respect of cost of drainage connections
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (3) was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words
“or by instalments extending over a number of years with interest”
for the words“pursuant to section 221 of this Act, or by instalments extending over a number of years with interest not exceeding a rate so fixed”
.Subsection (4) was amended, as from 29 June 1988, by section 208 Rating Powers Act 1988 (1988 No 97) by substituting the words
“each such instalment shall for all purposes be deemed a rate, and the Rating Powers Act 1988 shall apply accordingly”
for the words“each such instalment shall for all purposes be deemed a rate, and the Rating Act 1967 shall apply accordingly”
.Subsection (4) was repealed, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Subsection (6) was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Subsection (7) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“Subsection (3) applies”
for the words“Subsections (3) and (4) of this section shall apply”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 463 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
464 Owner may recover proportion of cost of drainage connections from tenant under a lease with not less than 3 years unexpired
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“principal administrative officer”
were substituted for the words“principal officer”
, as from 19 January 1981, pursuant to section 2(2) Local Government Amendment Act 1980 (1980 No 82).Section 464 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
465 Money payable to council in respect of drainage to be a charge on land
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 465 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
466 Advances to property owners for clearing or covering in watercourses
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 466 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
Drain protection and protective works
467 Unlawful connection of private drain
-
(1) Every person commits an offence against this Act who, not having the written authority of the council, connects any private drain with a public or private drain or covered watercourse.
(2) The council may replace or repair any property destroyed or damaged by any such unlawful connection of a private drain, or remove or alter any such private drain, and may recover from that person the full cost of the work and the full amount of any damage done or caused by him.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
468 Tree roots obstructing public drains
-
(1) The council may, by notice in writing under the hand of the Chairman or the principal administrative officer, require the occupier or, in any case where there is no occupier, the owner of any land within the district to cut down or remove any tree on that land, or any specified part of any such tree, the roots of which in the opinion of the council enter or are likely to enter any public drain.
(2) Within 10 days after service of the notice, the occupier or owner, as the case may be, may apply to a District Court for an order setting aside the notice.
(3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
(4) In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within one month from the service thereof, or, where application as aforesaid has been heard, then within one month after the giving of the decision of the Court, he commits an offence and is liable to a fine not exceeding $5 for every day during which the failure has continued, and the council, by its officers, or agents, may enter on the land and do that act and recover the cost from him.
(5) The said cost shall be a charge upon the land.
(6) The council may remove, cut down, or grub up, as the case may be, any tree to which subsection (1) of this section applies, or, as the case may be, any specified part of any such tree, after the giving of oral notice by the principal administrative officer or other authorised officer of the council to the occupier, or, where there is no occupier, to the owner, of the land, if life, property, or any road is in imminent danger. The cost of the work shall be a charge against the land as if notice had been given under subsection (1) of this section and had not been set aside by a District Court.
(7) For the purposes of this section the term cut down means cutting down and keeping cut down or removing or controlling by chemical means the stem and roots of any tree so as to prevent its throwing out any leaf, offshoot, or flower.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“District Court”
were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).The words
“principal administrative officer”
were substituted, as from 19 January 1981, for the words“principal officer”
pursuant to section 2(2) Local Government Amendment Act 1980 (1980 No 82).
469 Council may construct protective works to prevent damage by flood
-
[Repealed]
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 469 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
Part 27
Regional drainage
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
470 This Part to be subject to Resource Management Act 1991
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 470 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
471 Interpretation
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
472 Council may undertake regional drainage in constituent district
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
473 Council may undertake drainage in district of local authority
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
474 General powers of council
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
475 Regional drainage map
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
476 Council may treat and deal with sewage
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
477 Construction of drains on or under roads, etc
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
478 Diversions, etc, of drain
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
479 Watercourses
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
480 Council may charge for regional drainage
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
481 Instalments of charges for regional drainage
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
482 Payment of charges
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
The words
“District Court”
were substituted for the words“Magistrate's Court”
, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
483 Powers to permit constituent authorities to connect drains
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
484 Connection of drains outside region
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
485 Reticulation work
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
486 Operation of drainage works
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
487 Unlawful interference with drains
-
[Repealed]
Part 27 (comprising sections 470 to 487) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).
Part 28
Trade wastes
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
488 This Part to be subject to Resource Management Act 1991 or Health Act 1956
-
[Repealed]
Nothing in this Part of this Act shall derogate from any of the provisions of the Resource Management Act 1991 or of the Health Act 1956.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
This section was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Section 488 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
489 Interpretation
-
[Repealed]
(1) In this Part of this Act, unless the context otherwise requires,—
Condensing water or circulating water means any water used in any trade, industry, or commercial process or operation in such a manner that it does not take up matter into solution or suspension
Domestic sewage means liquid wastes (including matter in solution or suspension therein) discharged from premises used solely for residential purposes, or wastes of the same character discharged from other premises; but does not include any solids, liquids, or gases that may not lawfully be discharged into sewerage drains controlled by a local authority
Local authority—
(a) Means a territorial authority; and
-
(b) Includes—
(i) Any other local authority for the time being having the control of any sewerage drain; and
(ii) Every other public body declared by any other Act or by the Governor-General, by Order in Council, to be a local authority for the purposes of this Part of this Act:
Local authority: substituted, as from 1 July 1992, by section 47(1) Local Government Amendment Act 1992 (1992 No 42).
Minister means the Minister of Health
Minister: substituted, as from 1 April 1988, by section 23 Local Government Amendment Act 1988 (1988 No 71).
Natural water means all forms of water, including fresh water, ground water, artesian water, sea water, geothermal steam, water vapour, ice, and snow that are within the outer limits of the territorial sea of New Zealand; but does not include water in any form while in any reservoir (not being an aquifer) under the control of a public authority and used mainly for the water supply purposes of that public authority, or in any pipe, tank, or cistern
Public authority includes every local authority and every Department or instrument of the Executive Government of New Zealand or of any local authority
Sewerage drain means a drain primarily for the reception and discharge of pollutants
Special order, in relation to any local authority other than a territorial authority, means—
(a) A special order made in accordance with the provisions of any Act in force by virtue of which the local authority may make a special order; or
(b) Where there is no such provision, a special order made in the manner prescribed by section 716B of this Act, as if every reference in that section to a council were a reference to a local authority:
Special order: amended, as from 1 July 1992, by section 47(2)(a) Local Government Amendment Act 1992 (1992 No 42) by omitting the words
“or regional council or united council”
and by substituting the expression“section 716B”
for the expression“section 113”
.Trade premises means any premises used or intended to be used for carrying on any trade or industry; and includes any land or premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes
Trade wastes means any liquid, with or without matter in suspension or solution therein, that is or may be discharged from trade premises in the course of any trade or industrial process or operation or in the course of any activity or operation of a like nature; but does not include condensing water, surface water, or domestic sewage
Trade wastes bylaws means bylaws made under the authority of section 491 of this Act or deemed to be trade wastes bylaws pursuant to section 498(2) of this Act
Waste
[Repealed]
Waste: this definition was repealed, as from 15 October 1999, by section 5 Local Government Amendment Act (No 5) 1999 (1999 No 125).
(2) All trade wastes bylaws in force at the commencement of this Part of this Act made under section 26L of the Water and Soil Conservation Act 1967 (as enacted by section 17 of the Water and Soil Conservation Amendment Act (No 2) 1971) or deemed to be trade wastes bylaws pursuant to section 26S(2) of the Water and Soil Conservation Act 1967 (as enacted by the said section 17) shall continue in force and have effect after the commencement of this Part of this Act as if they had been made under section 491 of this Act or, as the case may be, deemed to be trade wastes bylaws under section 498(2) of this Act.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 489 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
490 Councils may undertake trade wastes disposal
-
[Repealed]
(1) Where under Part 26 of this Act a territorial authority undertakes the drainage of its district or of any part thereof, it may also undertake in the district or in that part thereof, as the case may be, the disposal of trade wastes.
(2) [Repealed]
(3) Notwithstanding anything in subsection (1) of this section, where a local authority undertakes the disposal of trade wastes, the local authority may refuse to dispose of any type or class of trade wastes which is, in the opinion of the local authority, not suitable for discharge into the system it uses for the disposal of trade wastes.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was repealed, as from 1 July 1992, by section 48(a) Local Government Amendment Act 1992 (1992 No 42).
Subsection (3) was amended, as from 1 July 1992, by section 48(b) Local Government Amendment Act 1992 (1992 No 42) by omitting the expression
“or subsection (2)”
.Section 490 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
491 Powers of local authorities to make trade wastes bylaws
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[Repealed]
(1) Without limiting the power to make bylaws conferred by section 684 of this Act, any local authority may make bylaws not inconsistent with this Act with respect to the discharge of any trade wastes, or trade wastes of any particular nature or composition, from trade premises into any sewerage drain controlled by the local authority; and any such bylaws may provide for all or any of the following matters:
(a) Requiring notice to be given of the volume, composition, and rate of discharge of any trade wastes being discharged into any sewerage drain at the time of the coming into force of the bylaws:
(b) Requiring notice to be given of the volume, composition, and rate of discharge of any trade wastes intended to be discharged into any sewerage drain before any new drain is connected to convey the trade wastes to the sewerage drain, or before any increased, new, or different use is made of any drain at the time of the notice conveying any liquid to a sewerage drain, and providing for the notice to be deemed an application for the consent of the local authority:
(c) Determining the period or periods of the day during which trade wastes may be discharged from trade premises into the sewerage drains:
(d) Requiring the exclusion from liquid discharged with trade wastes of condensing water or a proportion of condensing water:
(e) Requiring that, before any trade waste enters a sewerage drain, the amount of any specified injurious constituent in the trade waste should be reduced to the extent prescribed in the bylaws:
(f) Determining the maximum quantity or quantities of the trade wastes that may, without the consent of the local authority, be discharged from any trade premises into the sewerage drain on any one day, and the highest rate at which the trade wastes may, without any such consent, be discharged from any trade premises into the sewerage drain:
(g) Regulating the temperature of the trade wastes at the time at which they are discharged into the sewerage drain and defining the degree of acidity or alkalinity to which the trade wastes must conform when discharged:
(h) [Repealed]
(i) Making provision for the treatment by the local authority of trade wastes, either before or after discharge into a sewerage drain:
(j) Requiring the provision and maintenance by and at the expense of the occupier of the trade premises concerned of such an inspection chamber, manhole, or other apparatus or device as will enable a person readily to take at any time samples of what is passing into the sewerage drain from the premises:
(k) Requiring the provision and maintenance by and at the expense of the occupier of the trade premises concerned of such meters as may be required to measure the volume of any trade wastes being discharged from the premises into a sewerage drain, and for the testing of the meters:
(l) Requiring the discharge of solids or grease or other constituents of any kind from trade premises to be prevented or controlled by and at the expense of the occupier of the trade premises concerned.
(2) Any trade wastes bylaws may apply generally throughout the district of the local authority or within any specified part or parts thereof and may be so made as to apply to any specified trade premises or to any specified class or classes of trade premises.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1)(h) was repealed, as from 1 April 1980, by section 40 Local Government Amendment Act 1980 (1980 No 82).
Subsection (1)(l) was substituted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Section 491 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
492 Making of trade wastes bylaws
-
[Repealed]
(1) Subject to this section, all trade wastes bylaws shall be made in the same manner as the local authority is authorised to make bylaws and shall be subject to the same provisions as apply to those bylaws:
Provided that before making any trade wastes bylaws the local authority shall send a copy of the proposed bylaws to the Minister for his comments.
(2) Before sending any proposed bylaws to the Minister pursuant to subsection (1) of this section, the local authority shall comply with the following requirements:
-
(a) At least 2 months before the making of the bylaws the local authority shall publish, by advertisement at its office and in one or more daily newspapers circulating in its district, a notice of its intention to make bylaws under this Part of this Act, stating—
(i) To what trade wastes the bylaws will relate; and
(ii) That, at such place as may be specified in the notice, copies of the draft bylaws may be inspected free of charge, and may be obtained on payment of such charge as may be specified; and
(iii) That the local authority is prepared to receive and consider any representation with respect to the bylaws that may be made to it in writing by or on behalf of owners or occupiers of trade premises within the district of the local authority at any time during such period after the date of the publication of the notice, not being less than 2 months, as may be specified in the notice:
(b) The local authority, before making the bylaws, shall take into consideration any representation that it has undertaken to consider under the terms of the notice given by it as aforesaid and shall consult any interested body:
(c) If the Minister has, for the purposes of this Part of this Act, designated to the local authority any specified body of persons as being representative of the interests of the owners or occupiers of trade premises in the district of the local authority, or of any class of those owners or occupiers, the local authority shall, before making the bylaws, consult that body.
(3) Where the owner or occupier of any trade premises within the district of a local authority serves on the local authority a written request to be registered and states his name and postal address, it shall be the duty of the local authority to enter his name and address in a register to be kept by it for the purpose of this Part of this Act; and so long as his name appears in the register the local authority shall cause to be sent to him a copy of any notice which it is required by this Part of this Act to publish in connection with the making of trade wastes bylaws.
(4) The local authority may remove from the said register the name of any person who has ceased to be the owner or occupier of trade premises within its district, or who has requested the local authority in writing to remove his name from the register.
(5) As soon as practicable after the making of any trade wastes bylaws, the local authority shall publish, by advertisement at its office and in one or more daily newspapers circulating in its district, a notice of the making of the bylaws specifying the date on which the bylaws will come into operation, and stating that copies of the bylaws may be inspected and obtained at the office of the local authority on payment of a specified amount.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 492 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
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493 Offences against trade wastes bylaws
-
[Repealed]
(1) Notwithstanding section 683(1) of this Act and without limiting the power of a District Court to grant an injunction under section 683(2) of this Act, if any trade wastes bylaw is contravened or not complied with in the case of any trade premises, the occupier of the premises commits an offence and is liable to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence has continued.
(2) Any person who has been convicted of an offence against subsection (1) of this section shall, in addition to any penalty for which he may be liable for the offence, be liable to pay to the local authority the costs of remedying any damage to the sewerage drains or trade wastes treatment, reception, or disposal works of the local authority caused in the course of committing the offence.
(3) The costs referred to in subsection (2) of this section shall be assessed by a District Court Judge and shall be recoverable summarily as if they were a fine.
(4) Nothing in this section shall prevent the council from recovering any amount that it is entitled to recover under section 695 of this Act to the extent that it is not included within any assessment under subsection (3) of this section or has not been recovered under that subsection.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
This section was substituted, as from 16 December 1983, by section 16 Local Government Amendment Act 1983 (1983 No 132).
Section 493 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
494 Restrictions on rights of local authority to charge in respect of treatment or reception of trade wastes
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[Repealed]
(1) The charges payable by the owner or occupier of trade premises for the treatment (whether before or after discharge into a sewerage drain) or the reception or disposal of trade wastes shall be made in accordance with and at a scale or scales prescribed by the local authority by special order; but no such charges shall be made by the local authority except—
(a) Such charges as may be necessary for the treatment by the local authority of the trade wastes so as to reduce the trade wastes to a strength or quality equivalent to the average strength or quality of domestic sewage normally discharged into the sewerage drains of that local authority:
(b) A charge in respect of the treatment, reception and disposal of excess sewage from trade premises.
(2) When fixing any charges to which subsection (1)(a) of this section relates, the local authority shall take into consideration and make allowances for any return received by the local authority in respect of the sale or other disposal of by-products produced as the result of the treatment of the trade wastes in respect of which the charges are made.
(3) With respect to any charges to which subsection (1)(b) of this section relates, the following provisions shall apply:
(a) Any such charges shall be made only in respect of the amount by which trade wastes discharged from any premises exceeds the amount of domestic sewage that would normally be discharged from other premises having substantially the same rateable value:
(b) The amount of any such charges shall not exceed the amount of the costs which the local authority estimates would be reasonably incurred by it in respect of the treatment, reception and disposal of an equivalent amount of domestic sewage of an equivalent strength:
(c) Any local authority may, for the encouragement of industry, exempt trade premises discharging less than a prescribed amount of trade wastes from the payment of any such charges or from a prescribed proportion of any such charges.
(4) Nothing in this section shall affect the right of a local authority to make charges or assessments or to set and assess rates in respect of the treatment, reception, or disposal of sewage conferred by or under the authority of this Act or any other Act or by any agreement entered into under the authority of this Part of this Act.
Part 28 (comprising sections 488 to 501) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 April 1980, by section 41(1)(a) Local Government Amendment Act 1980 (1980 No 82) by inserting the words
“payable by the owner or occupier of trade premises”
.Subsection (1)(b) was amended, as from 1 April 1980, by section 41(1)(b) Local Government Amendment Act 1980 (1980 No 82) by inserting the word
“treatment,”
.Subsection (3)(b) was amended, as from 1 April 1980, by section 41(2) Local Government Amendment Act 1980 (1980 No 82) by inserting the word
“treatment,”
.Subsection (4) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“set and assess”
for the words“make and levy”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 494 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
495 Appeal from assessment of charges
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[Repealed]
(1) Within one month after the receipt by any person of an assessment from a local authority of an amount claimed by the local authority to be due under this Part of this Act, in respect of the treatment or reception of trade wastes, that person may notify the local authority that he objects to the assessment.
(2) The objection shall be in writing and shall set out the grounds of the objection. The council shall give notice to the objector of its decision on the objection.
(3) Unless within one month after the receipt of the objection the assessment is amended by the local authority in such a manner as to be acceptable to the objector, he may, within one month after service on him of notice from the council of its decision on the objection, appeal against the decision to a District Court.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“District Court”
were substituted for the words“Magistrate's Court”
, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).Section 495 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
496 Hearing and determination of appeal
-
[Repealed]
(1) At the hearing of any such appeal, the Court shall hear all the evidence tendered and all representations by or on behalf of the appellant and other persons which it deems relevant to the subject-matter of the appeal.
(2) In its determination of any such appeal, the Court may confirm, modify, or disallow the assessment.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 496 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
497 Trade wastes bylaws may be relaxed in certain cases
-
[Repealed]
Where a local authority considers that the operation of any trade wastes bylaw made by that authority would be unreasonable in relation to any particular case, the local authority may, after consultation by the local authority with the Minister, relax the requirements of the bylaw or dispense with the compliance therewith in that particular case.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 497 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
498 Discharge of sewage into sewerage drain in accordance with bylaws not to constitute offence
-
[Repealed]
(1) Notwithstanding the provisions of this Part of this Act, the discharge of any domestic sewage into a sewerage drain under the control of a local authority in accordance with the bylaws of that authority, and the discharge of trade wastes into a sewerage drain in accordance with trade wastes bylaws shall not constitute a breach of any provision of this Act or the Resource Management Act 1991 or any regulations made under the last-mentioned Act:
Provided that nothing in this section shall absolve any local authority from liability in respect of the discharge, in contravention of this Part of this Act, or of the Resource Management Act 1991, of any contaminant from a sewerage drain under the control of the local authority.
(2) The Minister may, by notice in the Gazette, declare that any bylaw made by a local authority and specified in the notice shall be deemed to be a trade wastes bylaw for the purposes of this section. On the publication of any such notice (which may at any time be amended or revoked) the expression
“trade wastes bylaws”
when used in this section shall be deemed to include any bylaw to which any such notice for the time being relates.Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“or the Resource Management Act 1991”
for the words“or the Water and Soil Conservation Act 1967”
. The proviso to subsection (1) was amended by section 362 of that Act by inserting the words“or of the Resource Management Act 1991,”
The proviso to subsection (1) was further amended, as from 15 October 1999, by section 6 Local Government Amendment Act (No 5) 1999 (1999 No 125) by substituting the word
“contaminant”
for the word“waste”
.Section 498 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
499 Right to discharge trade wastes into sewerage drains
-
[Repealed]
Subject to this Part of this Act and to any trade wastes bylaws, the occupier of any trade premises within the district of a local authority may, with the consent of the local authority, or, as far as permitted by any such trade wastes bylaws, without any such consent, discharge into the sewerage drains under the control of the local authority any trade wastes proceeding from those premises.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 499 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
500 Agreements as to disposal of trade wastes
-
[Repealed]
(1) Subject to this Part of this Act and to any trade wastes bylaws for the time being in force, a local authority may enter into and carry into effect an agreement with the owner or occupier of any trade premises within its district for the reception and disposal of any trade wastes produced on those premises, and in particular, but without prejudice to the generality of the preceding provisions of this subsection, the agreement may provide for the construction, maintenance, and operation by the local authority of such works as may be required for the said reception, treatment, or disposal, and for the repayment by the owner or occupier, as the case may be, of the whole or part of the expenses incurred by the local authority in carrying out its obligations under the agreement:
Provided that before entering into an agreement under this subsection, the local authority shall send a copy of the proposed agreement to the Minister for his comments.
(2) A local authority may enter into and carry into effect an agreement with the owner or occupier of any trade premises within its district whereby the local authority, upon such terms as may be specified in the agreement, undertakes to remove and dispose of substances produced in the course of treating any trade wastes on or in connection with those premises.
(3) Where, for the purpose of compliance with any trade wastes bylaws, it is necessary for any works to be constructed by any person, the local authority may construct those works at the request of that person. The amount of the expenses reasonably incurred by the local authority in so doing shall be a debt due to the local authority from the person at whose request the works were constructed.
(4) Where any sum is payable by any person under subsection (3) of this section to a local authority, the local authority may make an agreement with him for the payment of that sum and the interest thereon to the local authority in such instalments, over such period, and on such terms (including a term as to the giving of security by the debtor) as may be specified in the agreement.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 500 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
501 Local authority may enter into agreements for disposal of sewage and trade wastes
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[Repealed]
(1) Any local authority may enter into an agreement with any owner or occupier of any trade premises within its district to share the costs of construction, maintenance, and operation of any works for the reception, treatment, and disposal of domestic sewage within the whole or any part of the district of the local authority and trade wastes from the trade premises.
(2) Any local authority may enter into an agreement with any owner or occupier of any trade premises within its district whereby the owner or occupier will receive domestic sewage from a local authority for treatment and disposal together with trade wastes from any such premises. The local authority may make such contribution towards the costs of any such reception, treatment, and disposal as may be agreed upon between the parties to the agreement.
(3) Before entering into an agreement under subsection (1) or subsection (2) of this section, the local authority shall send a copy of the proposed agreement to the Minister for his comments.
Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 501 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
Powers of local authority as to trade wastes disposal outside district
The heading
“Powers of Local Authority as to Trade Wastes Disposal Outside District”
was inserted, as from 19 January 1981, by section 42 Local Government Amendment Act 1980 (1980 No 82)
501A Local authority may construct trade wastes disposal works outside district
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[Repealed]
Subject to the provisions of this Act or the Resource Management Act 1991 or any other Act relating to pollution of waters or to nuisances, a local authority may construct such trade wastes treatment, reception, or disposal works as it thinks necessary through any lands outside the district for the purpose of conveying trade wastes into the sea, or into any lagoon, river, or watercourse, or to any place convenient for the purposes of treating or disposing of trade wastes.
Sections 501A to 501E were inserted, as from 19 January 1981, by section 42 Local Government Amendment Act 1980 (1980 No 82)
Section 501A was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by inserting the words
“or the Resource Management Act 1991”
.Section 501A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
501B Construction and repair of trade wastes disposal works outside district
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[Repealed]
Schedule 14 to this Act shall apply to such parts of any trade wastes disposal works as lie beyond the district.
Sections 501A to 501E were inserted, as from 19 January 1981, by section 42 Local Government Amendment Act 1980 (1980 No 82)
Section 501B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
501C Local authority may agree to use trade wastes works under control of other local authority
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[Repealed]
The local authority may agree with any local authority or other body for the use of any trade wastes treatment, reception, or disposal works under the control of that other local authority or other body for the purpose of conveying trade wastes upon such terms and conditions for that use, or for the alteration, enlarging, covering in, or maintenance of any part of those trade wastes treatment, reception, or disposal works as may be agreed on by the local authority and that other local authority or other body.
Sections 501A to 501E were inserted, as from 19 January 1981, by section 42 Local Government Amendment Act 1980 (1980 No 82)
Section 501C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
501D Local authority may deal with trade wastes from areas outside district
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[Repealed]
(1) The local authority may, with the consent of the local authority of any district, extend its trade wastes treatment, reception, or disposal system into any area within that district.
(2) Where any local authority so extends its trade wastes treatment, reception, or disposal system, it may, at the request of the owner of any premises in that area, and on such terms and conditions as it determines, including the payment by the owner of any charges in respect of the service rendered by the connection, connect those premises with the system as so extended.
(3) For the purposes of this section, all the provisions of this Part of this Act relating to trade wastes, and all the powers given to the local authority thereby, shall apply equally to all premises, places, persons, and things in any area to which the trade wastes treatment, reception, or disposal system of a local authority has been extended as if that area were within the district of that local authority.
Sections 501A to 501E were inserted, as from 19 January 1981, by section 42 Local Government Amendment Act 1980 (1980 No 82)
Section 501D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
501E Discontinuance of trade wastes system outside own district
-
[Repealed]
(1) At any time, after giving not less than 12 months' notice in writing to the owner of its intention to do so, the local authority may disconnect from its trade wastes treatment, reception, or disposal system any premises connected to its system under section 501D of this Act.
(2) Where any local authority disconnects any premises from its trade wastes treatment, reception, or disposal system after giving the notice required by subsection (1) of this section, the local authority shall not be liable to the owner for any loss or damage suffered by him because the service is no longer rendered.
Sections 501A to 501E were inserted, as from 19 January 1981, by section 42 Local Government Amendment Act 1980 (1980 No 82)
Section 501E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) .
Part 29
Land drainage and rivers clearance
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
501F Application of Part 29
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This Part—
-
(a) Applies only in respect of—
(i) Drainage channels or land drainage works under the control of a council:
(ii) Drainage channels or land drainage works under construction by a council:
(iii) Drainage channels or land drainage works that a council has agreed to construct; and
(b) Does not apply in respect of drainage channels or land drainage works transferred by a council under Part 29A.
Section 501F was inserted, as from 15 October 1999, by section 7 Local Government Amendment Act (No 5) 1999 (1999 No 125).
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502 This Part to be subject to Resource Management Act 1991
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Nothing in this Part of this Act shall derogate from the provisions of the Resource Management Act 1991.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 502 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
503 Interpretation
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In this Part of this Act, unless the context otherwise requires,—
Council means a territorial authority
District means the district of a territorial authority
Drainage area means any area constituted under this Part of this Act for land drainage purposes
Drainage channel or channel means every passage or channel on or under the ground through which water flows, continuously or otherwise, and which—
(a) Immediately before the commencement of this Part of this Act was a drainage channel under the control, as such, of any council; or
(b) Is constructed by the council as a drainage channel after the commencement of this Part of this Act; or
(c) Is vested in the council as a drainage channel;—
but does not include a navigable river, a water race as defined in section 422 of this Act, or a drain as defined in section 441 or section 471 of this Act
Land drainage works means works of any sort for the drainage of land in the district (being works vested in the council or acquired or constructed or operated by or under the control of the council under this Part of this Act), including drainage channels for receiving water in its natural flow on or from any hills or other lands, and works diverting or damming the same to prevent its overflow on to any other lands at a lower level, as well as drainage channels for carrying of water from any land.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Land drainage areas
504 Declarations in relation to drainage areas
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(1) A council may, for the purpose of land drainage work, declare—
(a) all of its district to be a drainage area:
(b) part of its district to be a drainage area:
(c) 2 or more contiguous drainage areas to be a drainage area:
(d) the boundaries of a drainage area to be altered.
(2) A declaration must—
(a) define the relevant area; and
(b) assign a name to the drainage area; and
(c) fix the day on which the declaration takes effect.
(3) A council may make a declaration only if—
(a) a demand for a poll of electors is taken in accordance with sections 505 and 505A and results in a majority of votes in favour of the declaration; or
(b) a petition complying with section 505B is presented to the council.
(4) Before making a declaration, a council must—
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(a) prepare a statement of proposal in relation to the declaration that includes—
(i) a draft of the declaration; and
(ii) a statement of the reasons for proposing to make the declaration; and
-
(iii) an explanation of the procedure—
(A) to demand a poll under section 505; and
(B) to petition the council under section 505B; and
(iv) when and where the council will vote on a motion to make the declaration; and
(v) any other information that the council identifies as relevant; and
(b) make the statement of proposal available in a way appropriate to the subject matter of the proposal; and
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(c) produce a summary of proposal that—
(i) is a fair representation of the major matters in the statement of proposal; and
(ii) explains how the statement of proposal is available; and
(d) publicise the summary of proposal in a way appropriate to the subject-matter of the proposal.
(5) The council must not vote on a motion to make the declaration until at least 20 working days after the summary of proposal is first publicised under subsection (4)(d).
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was substituted and subsections (1A) to (1C) were inserted, as from 17 June 1986, by section 9 Local Government Amendment Act 1986 (1986 No 21).
Sections 504 and 505 were substituted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
505 Procedure for demanding poll
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(1) For the purposes of section 504(3)(a), a demand for a poll is made if—
(a) the council resolves that a poll be taken; or
(b) 15% or more of the electors in the relevant area demand a poll, and a document containing the demands is delivered to the principal office of the council at least 3 working days before the date referred to in section 504(5).
(2) An elector has demanded a poll if he or she—
(a) signs a document which clearly expresses that he or she demands a poll on whether the council should make the proposed declaration under section 504(1); and
-
(b) states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—
(i) he or she is an elector; and
(ii) the given address is in the relevant area.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was substituted and subsections (1A) to (1C) were inserted, as from 17 June 1986, by section 9 Local Government Amendment Act 1986 (1986 No 21).
Sections 504 and 505 were substituted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
505A Poll on proposed declaration
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(1) A council must conduct a poll on the proposed declaration under section 504(1) if a demand is validly made under section 505(1).
(2) The poll must be conducted in accordance with the Local Electoral Act 2001, and the provisions of that Act apply with all necessary modifications.
Sections 505A to 505C were inserted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
505B Petition to make declaration
-
(1) A petition for a declaration is made under section 504(3)(b) if—
(a) a majority of the electors in the relevant area petition the local authority to make the proposed declaration under section 504(1); and
(b) a document containing the petitions is delivered to the principal office of the council at least 1 working day before the date referred to in section 504(5).
(2) An elector has validly petitioned if he or she—
(a) signs a document which clearly expresses that he or she petitions the council to make the proposed declaration under section 504(1); and
-
(b) states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—
(i) he or she is an elector; and
(ii) the given address is in the relevant area.
Sections 505A to 505C were inserted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
505C Relevant area for polls and petitions
-
In sections 504 to 505B, relevant area,—
(a) in the case of a declaration under section 504(1)(a), means the district; and
(b) in the case of a declaration under section 504(1)(b), means the part of the district that would become the drainage area; and
(c) in the case of a declaration under section 504(1)(c), means the drainage areas that would become the new drainage area; and
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(d) in the case of a declaration under section 504(1)(d), means—
(i) any part of a drainage area that would be excluded from the drainage area as a result of the boundary changes; and
(ii) any part of the district that would be included in the drainage area as a result of the boundary changes.
Sections 505A to 505C were inserted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
506 Subdivision of areas
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The council may from time to time divide any drainage area in the district constituted under section 504 or section 505 of this Act into subdivisions, and may define the boundaries of any such subdivisions, and assign names thereto.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 506 was amended, as from 7 July 2004, by section 17 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words
“, by special order,”
.
Control of drainage channels and land drainage works
507 Existing drainage channels may be brought under this Part
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The Minister may, upon application by the council in which is vested any drainage channel constructed under the provisions of any special Act, by notice in the Gazette, declare that drainage channel to be subject to the foregoing provisions of this Part of this Act, as from a day to be named in the notice.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
508 Repeal of special Act
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From and after the day named in the special notice under section 507 of this Act, the special Act shall be deemed to be repealed as to that drainage channel, saving as to anything done, or any loan raised, or any rate authorised to be levied as security for the loan.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Powers of councils with respect to land drainage
509 Powers of council as to drainage channels and land drainage works
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(1) The council may purchase, or make and maintain, or enlarge, and from time to time alter, extend, or repair, any drainage channel or land drainage works constructed under this Part of this Act in any drainage area in the district, and for that purpose may—
(a) Contract with the owner of any private land for and acquire from him by deed duly executed the grant in perpetuity to the council of the use, occupation, and enjoyment of that land or any part thereof for the purpose of constructing and maintaining any drainage channel or land drainage works thereon:
(b) Make drainage channels or land drainage works upon, over, or under any land:
(c) Make drainage channels or land drainage works over or under any road or place to which the public have general access, or through any public reserve:
(d) Alter the course or level of any road or public place, and break up and dig into the surface thereof and stop temporarily the traffic thereon:
(e) Make land drainage works across any stream or river but so as not to impede the navigation upon any navigable river, except under the provisions of a special Act:
(f) Alter the course or level of any stream or river, or of any ditch or drainage channel:
(g) Alter any drain, sewer, gas pipe, other pipe, cable, or other apparatus of any kind on or under any road or public place, whether within or outside the district, so far as is necessary for the purpose of constructing and maintaining any drainage channel or land drainage works.
(2) Section 708 of this Act shall apply with respect to the laying of drainage channels or land drainage works on private land pursuant to subsection (1) of this section.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
510 Inspection of private dams, etc
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Subject to section 238 of this Act, the council shall have the power to inspect any private dam, weir, or mill race, and to close or open any sluice or flood gate for the purpose of such inspection.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Removal of obstructions from drainage channels and watercourses
511 Removal of obstructions from drainage channel or watercourse
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(1) Where in the opinion of the council the free flow of water in any drainage channel or in any watercourse that is not under the control of any other local authority—
(a) Is impeded by any obstruction, and that obstruction is likely to cause loss of life, injury, or damage to property in the district or to obstruct navigation; or
(b) Is likely to be impeded by any such obstruction,—
the council may, by notice in writing, require the occupier or, if there is no occupier, the owner of the land on the banks of the drainage channel or watercourse within the district to remove the obstruction from the drainage channel or watercourse and from the banks of the drainage channel or watercourse to a distance not exceeding 3 metres from the nearest margin of the drainage channel or watercourse.
(2) Within 10 days after service of the notice, the occupier or owner to whom the notice is given may apply to a District Court for an order setting aside the notice.
(3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
(4) In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the Court, he commits an offence, and the council, by its officers or agents, may enter on the land and do that act.
(5) Where the council does any work under subsection (4) of this section, it may recover the cost from the occupier or owner.
(5A) Notwithstanding that no work has been carried out by the council under subsection (4), the council may recover any cost or expenses incurred by it under this section in respect of any investigations or supervision carried out by the officers or agents of the council.
(6) The said cost and expenses shall be a charge upon the land.
(7) The council may dispose of anything removed under this section in such manner as it thinks fit, and the proceeds of that disposal shall form part of its general revenues.
(8) Where a drainage channel or watercourse or the bed thereof divides 2 districts, the council on either side may exercise the powers under subsection (1) of this section in respect of that half of the river bed adjoining the bank within its district.
(9) In this section,—
(a) Obstruction includes earth, stone, timber, driftwood, and material of all kinds, and trees, plants, weeds, and growths of all kinds:
(b) The occupier or owner of land adjoining a road shall be deemed to be the occupier or owner of land on the banks of any drainage channel or watercourse running upon the road where the road fronts the land of that occupier or owner, unless the channel or watercourse has been artificially constructed by the council for the purpose only of draining the surface of the road:
(c) Remove, in relation to any obstruction consisting of trees, plants, weeds, or growths, includes, if the council so specifies, burning, poisoning, cutting, or treating, whether with or without the removal of the burnt, poisoned, cut, or treated portions.
(10) Nothing in this section shall be deemed to authorise any council to dispose of any timber floated down from any watercourse under the Timber Floating Act 1954.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125) by substituting the words
“District Court”
for the words“Magistrate's Court”
.Subsection (5A) was inserted, as from 15 October 1999, by section 8(1) Local Government Amendment Act (No 5) 1999 (1999 No 125).
Subsection (6) was amended, as from 15 October 1999, by section 8(2) Local Government Amendment Act (No 5) 1999 (1999 No 125) by inserting the words
“and expenses”
.
512 Power to require council to order removal of obstructions
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(1) In any case where the council might give any notice under section 511(1) of this Act in respect of any land, any resident of the district may, by notice in writing, request the council to do so.
(2) If for the space of one month after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to a District Court for an order requiring the council to comply with that notice.
(3) On the hearing of the application, the Court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the Court shall be final.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125) by substituting the words
“District Court”
for the words“Magistrate's Court”
.
513 Order of Court on application under section 511 or section 512
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Where under section 511(2) or section 512(2) of this Act application is made to a District Court for an order setting aside a notice under subsection (1) of the said section 511 or, as the case may be, an order requiring the council to comply with a notice under subsection (1) of the said section 512, then, notwithstanding anything in the said section 511 or section 512, the Court may, in its discretion,—
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(a) Direct that—
(i) A portion of the cost of removing the obstruction; and
(ii) A portion of the cost and expenses incurred by the council under section 511 or section 512 in respect of any investigations or supervision carried out by the officers or agents of the council,—
be borne by any person holding any interest in the land or by any local authority whose district or works will be improved by that removal:
(b) Decide when and to whom that cost is to be paid:
(c) Direct who shall do the work and the time within which it is to be completed.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“District Court”
were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).Paragraph (a) was substituted, as from 15 October 1999, by section 9 Local Government Amendment Act (No 5) 1999 (1999 No 125).
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514 Council may make advances to owners
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(1) The council may make advances to the owner of any land within the district for the purpose of enabling him to do all things necessary to comply with any requirement of the council under section 511 of this Act or to cover in or improve any drainage channel or watercourse on the banks of which that land is situated.
(2) Instead of making any such advance to any owner, the council may, by agreement with the owner, itself do all or any of the things referred to in subsection (1), and all money expended by the council pursuant to that agreement, together with an amount to cover the cost of supervision by the officer or agents of the council, is deemed to be an advance for the purposes of this section.
(3) The council and the owner may agree that the amount of any advance shall be repayable in one amount at a fixed time with interest at a rate per annum fixed by the council, or by instalments extending over a number of years with interest not exceeding that rate. The agreement may contain any incidental provisions and may provide for the earlier payment of instalments, or any of them, on terms to be mentioned in the agreement:
Provided that, where the agreement makes no provision as aforesaid for early payment of instalments, the council shall accept payment of the whole of the unpaid instalments at any time when payment is tendered, and for the purpose of any such tender interest shall be paid up to and including the day of tender.
(4) That agreement may, where the money is repayable in one amount, contain provisions for securing the repayment thereof, and, where the money is repayable by instalments, each such instalment is a charge on the land:
Provided that the owner for the time being of the premises shall in all cases be deemed the person primarily liable for payment.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was substituted, as from 15 October 1999, by section 10 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Subsection (3) was amended, as from 10 September 1999, by section 6 Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words
“pursuant to section 221 of this Act”
and substituting the words“by the council”
.Subsection (4) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“is a charge on the land”
for the words“shall for all purposes be deemed to be a rate”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating, in a financial year that begins on or after 1 July 2003.
515 Removal of obstructions in watercourses outside the district
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(1) Where any watercourse under the control of the council extends beyond the limits of the district, and its obstruction is likely to cause loss of life, injury, or damage to property within the district, the council may, by notice in writing, require the occupier, or, where there is no occupier, the owner of any land on the banks of the river, stream, or watercourse for a distance of 1500 metres beyond the upstream boundary or downstream boundary of the district to remove any earth or stone, and any driftwood, tree, shrub, or bush, or any part thereof, impeding the free flow of water in that watercourse, or to lower or trim any part of a tree, shrub, or bush overhanging that watercourse and likely to fall therein, within the space of the aforesaid 1500 metres.
(2) Subsections (2) to (7) and (9)(b) of section 511 of this Act shall apply with respect to every notice under this section as if it were a notice given under subsection (1) of the said section 511.
(3) In this section the terms obstruction and remove have the same meanings as in section 511(9) of this Act.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
General provisions
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
516 Exercise of powers on roads and public works not under control of council
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Schedule 14 to this Act shall apply with respect to any drainage channels and land drainage works on roads and other public works not under the control of the council.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
517 Bylaws for protection of land drainage works
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Without limiting the powers of the council to make bylaws conferred by section 684 of this Act, the council may from time to time make bylaws—
(a) To regulate the use of any constructed drainage channel under the control of the council:
(b) To determine the conditions on which other constructed public or private drainage channels may be connected or continue to be connected with any constructed drainage channel under the control of the council, including in those conditions the payment to the council of any annual or other charges:
(c) To compel owners of land on or adjoining which there are any watercourses or drainage channels to construct, maintain, and renew crossings thereover at places and in manner approved by the council:
(d) To regulate the construction and maintenance of crossings over watercourses and drainage channels:
(e) To provide that in the case of specified watercourses or drainage channels, or parts thereof, the crossings shall be bridges or culverts constructed at places and in manner approved by the council:
(f) To prohibit the passing over any watercourse or drainage channel except at appointed crossings:
(g) Prohibiting interference without the consent of the council with dams, reservoirs, headworks, and buildings connected with drainage channels:
(h) To prohibit the widening and deepening of drainage channels, or the alteration of the course thereof, without the consent of the council:
(i) Prohibiting or regulating the planting of any trees, hedges, or other plants or the erection of any structures on or within a specified distance from the banks of any watercourse or drainage channel where they will obstruct or be likely to obstruct the free passage along the banks of the watercourse or channel of machinery or apparatus used for the purpose of improving, maintaining, or cleaning watercourses or channels, and requiring owners and occupiers of land on which any trees, hedges, or other plants are planted or structures are erected in breach of the bylaws to remove them:
(j) Regulating the erection of any structures or fences within a specified distance of any watercourse or drainage channel or in any place where they will obstruct or be likely to obstruct the free flow of flood waters in any existing flood channel:
(k) Authorising the council to require the removal, burning, poisoning, cutting, or treating (whether with or without the removal of the burnt, poisoned, cut, or treated portions) of trees, plants, weeds, or growths that obstruct or will be likely to obstruct the free flow of water in any watercourse or drainage channel or the free flow of flood waters in any existing flood channel:
(l) To prohibit or regulate the pumping or releasing of water into any watercourse or drainage channel:
(m) Generally, to prevent trespasses, nuisances, and obstructions to drainage channels, and to make all such provision as to the council may seem necessary or expedient for the protection and proper management of drainage channels.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 29A
Divestment of land drainage schemes and water-race schemes
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517A This Part subject to Resource Management Act 1991 and Soil Conservation and Rivers Control Act 1941
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Nothing in this Part of this Act derogates from the provisions of the Resource Management Act 1991 or the Soil Conservation and Rivers Control Act 1941.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517B Interpretation
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In this Part, unless the context otherwise requires,—
Drainage area means any area constituted under Part 29 for land drainage purposes
Drainage channel and channel have the meanings given to those terms by section 503
Land drainage scheme means all drainage channels or land drainage works relating to a particular land drainage system vested in a council or acquired or constructed or operated by or under the control of a council under Part 29
Land drainage works has the meaning assigned to that term by section 503
Occupier, in relation to any land, means the owner of the land, except where a person other than the owner has a right to occupy the land by virtue of a tenancy granted for a term of not less than 12 months certain, in which case the term occupier means that person; and includes any person having a right to occupy the land by virtue of a lease, licence, or other authority for a term of not less than 12 months certain
Scheme asset means any real or personal property of any kind of the local authority that is held or used (whether solely or partially) for the purposes of, or in relation to any land drainage scheme or water-race scheme proposed to be transferred under this Part, whether or not subject to rights, and, without limiting the generality of the foregoing provisions of this definition, includes—
(a) Any estate or interest in any land, including all rights of occupation of land or buildings:
(b) All buildings, vehicles, plant, equipment, and machinery, and any rights therein:
(c) All financial reserves, and any rights therein:
(d) All securities within the meaning of the Securities Act 1978:
(e) All rights of any kind, including rights under Acts, deeds, agreements, or licences, and any kind of consent granted under the Resource Management Act 1991, and all applications for and objections against applications for such rights:
(f) Annual revenue (or any proportion thereof) received by a local authority from land vested in the local authority in trust or as an endowment for the purpose of or in relation to the land drainage scheme or water-race scheme; but does not include any interest in any such land:
Scheme liabilities means any liabilities of the local authority that were incurred (whether solely or partially) for the purposes of any land drainage scheme or water-race scheme proposed to be transferred under this Part and, without limiting the generality of the foregoing provisions of this definition, includes—
(a) Liabilities and obligations under any Act or agreement; and
(b) Deposits and other debt securities within the meaning of the Securities Act 1978; and
(c) Contingent liabilities:
Scheme owner means, in relation to a land drainage scheme or water-race scheme transferred under this Part, any person or group of persons who control that scheme after its transfer
Scheme user, in relation to any land drainage scheme or water-race scheme proposed to be transferred, means the occupier, whether solely or jointly with others, of any land served by the land drainage scheme or water-race scheme; and includes the operator of any other drainage system or water supply system that utilises that land drainage scheme or water-race scheme
Water race has the meaning given to that term by section 422(1)
Water-race area means a water-race area constituted under Part 25
Water-race scheme means all water races relating to a particular water-race system and constructed or established, or deemed to be constructed by a council, under Part 25.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517C Purposes of this Part
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The purposes of this Part are—
(a) To enable any land drainage scheme or water-race scheme to be transferred to the ownership and responsibility of the ratepayers served by the scheme where that is the wish of those ratepayers; and
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(b) To ensure that the manner in which any such scheme is transferred protects—
(i) The interests of all ratepayers served by the scheme; and
(ii) The public interest in the effective operation of this Act and other Acts by local authorities.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517D Obligation of local authority to facilitate purposes
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(1) Where any local authority that has control of a land drainage scheme or water-race scheme has reasonable grounds to believe that a significant proportion of scheme users may seek the transfer of that scheme under this Part, the local authority must, in relation to that scheme, take all reasonable steps to facilitate the operation of the provisions of this Part.
(2) Reasonable steps under subsection (1) may include the provision of reasonable assistance to any person appearing to represent or have the confidence of the scheme users in the development of a transfer proposal.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Transfer petitions and transfer proposals
517E Initiation of transfer
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Subject to section 517F, any person who is a scheme user of a land drainage scheme or water-race scheme may file, at the principal office of the local authority that has control of the scheme,—
(a) A petition requesting the transfer of the land drainage scheme or water-race scheme to the scheme users; and
(b) A transfer proposal.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517F Duty of local authority upon receipt of transfer petition and transfer proposal
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(1) No transfer petition or transfer proposal filed under section 517E is of any effect if—
(a) The number of valid signatures to the transfer petition, is not greater than 50% of the number of separately rateable properties served by the land drainage scheme or water-race scheme; or
(b) The transfer proposal is the same or substantially similar to any proposal that has been filed with the local authority within the period of 36 months ending with the date on which the transfer petition is filed with the local authority.
(2) Where any transfer petition or transfer proposal is of no effect under subsection (1), the local authority must notify the proposer or the proposer's representative accordingly.
(3) Subject to subsection (1), where the local authority ascertains that a transfer proposal filed under section 517E does not deal adequately with the matters set out in section 517I, the local authority must return that transfer proposal to the proposer together with a written statement indicating the matters that, in the local authority's opinion, have not been adequately dealt with in the proposal.
(4) The return of the transfer proposal to the proposer under subsection (3) does not in any way preclude the proposer from once again filing a transfer petition under section 517E and subsection (1)(b) has effect, in relation the transfer proposal that accompanies any such transfer petition, as if the transfer proposal returned under subsection (3) had never been filed.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517G Signatures to transfer petition
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(1) Subject to this section, every scheme user is entitled to sign the transfer petition filed under section 517E.
(2) Where there is more than one scheme user in respect of any property served by the land drainage scheme or water-race scheme proposed to be transferred, every such scheme user is entitled to sign a petition requesting the transfer of the land drainage scheme or water-race scheme; but not more than one signature in respect of any such property may be counted for the purpose of assessing the number of valid signatures to the petition.
(3) For the purposes of this section, and section 517F, land held in more than one title but occupied by the same person or persons and used as a single property is deemed to be one property.
(4) No person may sign any transfer petition more than once.
(5) Every scheme user who signs a petition filed under section 517E must state against the scheme user's signature—
(a) The scheme user's name; and
(b) The address of the property in respect of which the scheme user is entitled by virtue of subsection (1) to sign the petition.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517H Proposer
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Every transfer proposal filed under section 517E must clearly state—
(a) The name of the proposer; and
(b) An address at which the proposer or a representative of the proposer can be contacted; and
(c) Where a representative of the proposer is the person to be contacted, the name of that representative; and
(d) The grounds on which the proposer claims to be entitled to make the proposal.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517I Contents of transfer proposal
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The transfer proposal must—
(a) Identify the land drainage scheme or water-race scheme proposed to be transferred, which identification must be accompanied by a plan or other description sufficient to identify the land drainage scheme or water-race scheme; and
(b) Identify (by reference to the land or property which is served by the scheme and which is occupied by each scheme user) the scheme users to whom the scheme is to be transferred; and
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(c) State whether it is the intention of the scheme users to whom the scheme is to be transferred—
(i) To have the scheme transferred to themselves as tenants in common; or
(ii) To have the scheme transferred, by their direction, to a body corporate comprised of those scheme users or acting on their behalf; or
(iii) To have the scheme transferred, by their direction, to persons appointed by them to hold the scheme in trust on their behalf; and
(d) Identify the scheme assets and scheme liabilities; and
(e) Identify the scheme assets and scheme liabilities proposed to be transferred with the scheme; and
(f) Identify such of the assets identified in paragraph (e) as are, upon transfer of the scheme, to be purchased from the local authority (because they are not held or used by the local authority solely for the purposes of, or in relation to, the scheme to be transferred); and
(g) Identify the price proposed to be paid or the method for determining the price that should be paid for the scheme assets identified in paragraph (f); and
(h) Propose a procedure for the transfer of such of the scheme assets and scheme liabilities as are proposed to be transferred with the scheme and a timetable for their transfer; and
(i) Identify any rights conferred by designations under operative district plans applying to any land relating to the scheme; and
(j) Identify any rules or proposed rules in any regional plan or proposed regional plan relating to the scheme; and
(k) Identify any resource consents relating to the scheme, including any water permits or discharge permits that have become resource consents under section 386 of the Resource Management Act 1991; and
(l) Identify any leases, easements, permits, or rights of any kind in respect of any scheme assets or scheme liabilities.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517J Service of transfer proposal
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The proposer of a transfer proposal filed under section 517E, or the proposer's representative, must, as soon as practicable after filing the transfer petition and the transfer proposal under that section, serve a copy of the transfer proposal on—
(a) Every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
(b) Every other scheme user in relation to the scheme to which the transfer proposal relates; and
(c) Every local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (other than the local authority that has control of that scheme).
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517K Right to object to transfer proposal
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Where a transfer proposal is filed under section 517E in relation to any land drainage scheme or water-race scheme,—
(a) Any scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
(b) Any other scheme user in relation to the scheme to which the transfer proposal relates; and
(c) Any local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (including the local authority that has control of that scheme)—
may, in accordance with this Part, object to the transfer proposal.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517L Notice of right to object
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Subject to section 517F(3), every local authority that receives a transfer petition and transfer proposal under section 517E must, as soon as practicable after such receipt, forward—
(a) To every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
(b) To every other scheme user in relation to the scheme to which the transfer proposal relates; and
(c) To every local authority entitled under section 517K(c) to object to the transfer proposal,—
a notice complying with section 517M.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517M Contents of notice of right to object
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Every notice given under section 517L must—
(a) Give notice of the local authority's receipt of the transfer petition and transfer proposal under section 517E; and
(b) Give notice of the obligations of the proposer under section 517J, and of the address at which the proposer or a representative of the proposer can be contacted; and
(c) Invite any person (being a person entitled under section 517K to object to the transfer proposal) who wishes to object to the transfer proposal to lodge written objections to the proposed transfer of the land drainage scheme or water-race scheme identified in the notice or the transfer proposal prepared in respect of any such scheme, at the principal office of the local authority that has control of that land drainage scheme or water-race scheme, on or before a date specified in the notice, which date must be no earlier than 6 weeks after the date of that notice; and
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(d) Advise that, where objections are received from—
(i) A local authority entitled under section 517K(c) to object to the transfer proposal; or
(ii) The operator of any other drainage system or water supply system that utilises the scheme; or
(iii) Scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme,—
all the objections received by the local authority will be forwarded to the Commission for determination in accordance with section 517T:
(e) Advise that, where a local authority receives an objection under paragraph (d)(i) or paragraph (d)(ii), any objections received by the local authority under paragraph (d)(iii) will also be forwarded to the Commission, notwithstanding that those objections are from scheme users who are occupiers of less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517N Lodging of objections
-
Every objection under section 517K—
(a) Must be made in writing; and
(b) Must, within the time stipulated in the notice issued under section 517M, be lodged with the principal administrative officer of the local authority; and
(c) Must state the basis on which the person making the objection is entitled to do so under section 517K; and
-
(d) Must, where the person making the objection is a scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates,—
(i) Describe that drainage system or water supply system; and
(ii) State, against the scheme user's signature, the scheme user's name; and
-
(e) Must, where the person making the objection is a scheme user (other than a scheme user to whom paragraph (d) applies), state against the scheme user's signature—
(i) The scheme user's name; and
(ii) The address of the property in respect of which the scheme user is entitled to lodge the objection; and
(f) Must specify the grounds on which the objection is lodged, which grounds must be stated with sufficient particularity as to give full advice to both the Local Government Commission and other parties of the issues involved.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517O Service of copies of objections
-
Every person who lodges an objection under section 517K must, either before or immediately after the lodging of the objection, serve a copy of the objection either personally or by post on the proposer of the transfer or the proposer's representative.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517P Notification by local authority of receipt of objections
-
Within 7 days after the closing date for the lodging of written objections under section 517K, the local authority—
-
(a) Must ascertain whether it has received any written objections from—
(i) Any local authority entitled under section 517K(c) to object to the transfer proposal; or
(ii) The operator of any other drainage system or water supply system that utilises the scheme; or
(iii) Scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme; and
(b) Must advise the proposer and all other scheme users and every local authority within whose district the scheme is wholly or partly situated or which is otherwise likely to be affected by the proposed transfer, whether or not, as a result of its finding under paragraph (a), the local authority is required by section 517S to forward to the Commission the transfer proposal and every objection received by the local authority.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
-
517Q Procedure where transfer proposal not required to be forwarded to Commission
-
Where the local authority finds, under section 517P, that it is not required by section 517S to forward to the Commission the transfer proposal and every objection received by the local authority, the transfer proposal becomes, as from the date of the local authority's finding under section 517P(a), a transfer plan and the local authority must, as soon as practicable, give effect to that transfer plan.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517R Obligation of local authority to effect transfer
-
Where a transfer proposal becomes a transfer plan under section 517Q, the local authority in whom the land drainage scheme or water-race scheme is vested, must transfer the land drainage scheme or water-race scheme—
(a) To the scheme users of the land drainage scheme or water-race scheme as tenants in common; or
-
(b) By direction of the scheme users of the land drainage scheme or water-race scheme,—
(i) To any body corporate comprised of or acting on behalf of all the scheme users; or
(ii) Where the scheme users of the land drainage scheme or water-race scheme have appointed any persons to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517S Procedure on receipt of objections
-
(1) The local authority must, as soon as is practicable upon receipt by it of—
(a) An objection from a local authority entitled under section 517K(c) to object to the transfer proposal; or
(b) An objection from any scheme user who is the operator of a drainage system or water supply system that utilises the scheme; or
(c) Objections from scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme,—
forward to the Commission the copies and information specified in subsection (2).
(2) The copies and information required by subsection (1) to be forwarded to the Commission comprise—
(a) A copy of the transfer proposal; and
(b) A copy of every objection received by the local authority under section 517K; and
(c) Such information concerning the characteristics of the land drainage scheme or water-race scheme proposed to be transferred as is necessary for the purposes of section 517T.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517T Duty of Commission to consider objections
-
(1) Where the copy of the transfer proposal and the copies of the other documents are forwarded to the Commission under section 517S, the Commission—
(a) Must ensure that the proposer or a representative of the proposer, and any person who has lodged a written objection under section 517K, and any other person or group of persons the Commission thinks fit, is given a reasonable opportunity to be heard by the Commission; and
-
(b) Must consider, having regard to the criteria set out in section 517U and such other matters as the Commission considers on reasonable grounds to be relevant,—
(i) The transfer proposal; and
(ii) Each objection received; and
(iii) All other relevant information presented to or obtained by the Commission.
(2) Where all objections to a transfer proposal have been considered and any further investigations or inquiries or negotiations considered by the Commission to be necessary or desirable have been made or carried out, the Commission must determine whether the transfer of the scheme is to proceed or not.
(3) Where the Commission determines under subsection (2) that the proposed transfer is to proceed, the Commission may approve the transfer proposal with such modifications, if any, as the Commission thinks fit, being modifications which result from the objections made in relation to the transfer proposal or from any investigations, inquiries, or negotiations made or carried out in relation to that transfer proposal.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517U Relevant criteria
-
Where the Commission considers any transfer proposal under section 517T, the relevant criteria, in relation to any such consideration, are—
(a) The purposes of local government as set out in section 37K; and
(b) The purposes of this Part as set out in section 517C; and
(c) The extent to which the transfer of the scheme would impact upon, or be prejudicial to, the operation of any other drainage system or water supply system that utilises the scheme; and
(d) The extent to which the transfer of the scheme would be oppressive, unfairly discriminatory, or unfairly prejudicial to any scheme user or particular scheme users; and
(e) The extent to which the transfer of the scheme would impact upon the functions, powers, and duties of any local authority under the Local Government Act 1974, the Resource Management Act 1991, the Soil Conservation and Rivers Control Act 1941, or any other Act.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517V Notice of Commission's determination
-
(1) Where the Commission makes a determination under section 517T, the Commission must as soon as practicable after making that determination,—
(a) Forward a copy of that determination, together with a statement explaining the Commission's reasons for the determination to the local authority concerned and to the proposer or the proposer's representative; and
(b) Give notice of the determination and explanatory statement to all scheme users and local authorities affected by the proposed transfer; and
(c) Make a copy of the determination and a copy of the explanatory statement available for public inspection at the office of the Commission.
(2) The local authority concerned must make a copy of the determination and a copy of the explanatory statement available for public inspection at its office.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517W Modification of support for transfer proposal
-
(1) This section applies to any transfer proposal approved with modifications by the Commission under section 517T(3).
(2) Where a local authority receives under section 517V(1) a copy of a determination by which a transfer proposal is approved with modifications by the Commission, the local authority must forward to every scheme user a notice which—
(a) Gives notice that the Local Government Commission has modified the transfer proposal; and
(b) States the Commission's obligations under paragraphs (b) and (c) of section 517V(1) and the local authority's obligations under section 517V(2); and
(c) States that any scheme user who signed the transfer petition under section 517G in respect of the transfer proposal may, by written application received by the local authority before a date specified in the notice, being a date not less than 4 weeks nor more than 6 weeks after the date of the notice, have the scheme user's signature deleted from the petition; and
(d) States that any scheme user who was entitled under section 517G to sign the transfer petition in respect of the transfer proposal but did not sign that petition may, by written application received by the local authority before the date specified under paragraph (c), have the scheme user's support for the petition recorded; and
(e) States the local authority's obligations under subsection (3).
(3) Within 7 days after the date specified under subsection (2)(c), the local authority must determine whether—
(a) After deleting any signature that is the subject of an application under subsection (2)(c); and
(b) After, counting, as if it were a signature to the petition, any support for the petition recorded in accordance with an application under subsection (2)(d),—
the number of valid signatures on the transfer petition is equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water-race scheme.
(4) Where the local authority determines under subsection (3) that the number of valid signatures on the transfer petition is not equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water-race scheme, the local authority must notify every scheme user that the number of valid signatures on the transfer petition is insufficient and that the transfer proposal is not to proceed.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Transfer plan
517X Procedure after determination
-
(1) Where the Commission determines under section 517T(2) that the transfer of the land drainage scheme or water-race scheme is to proceed (and does not exercise its power, under section 517T(3) to approve the transfer proposal with modifications), the transfer proposal becomes, as from the date of the Commission's determination, a transfer plan and the local authority must, as soon as practicable, give effect to that transfer plan.
(2) Where, in relation to a transfer proposal to which section 517W applies, the local authority determines, under section 517W(3), that the number of valid signatures on the transfer petition is equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water-race scheme, the modified transfer proposal becomes, as from the date of the local authority's determination, a transfer plan and the local authority must, as soon as practicable, give effect to the transfer plan.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517Y Obligation of local authority to effect transfer
-
Where a transfer proposal becomes a transfer plan under section 517X, the local authority in whom the land drainage scheme or water-race scheme is vested, must transfer the land drainage scheme or water-race scheme—
(a) To the scheme users of the land drainage scheme or water-race scheme as tenants in common; or
-
(b) By direction of the scheme users of the land drainage scheme or water-race scheme,—
(i) To any body corporate comprised of or acting on behalf of the scheme users; or
(ii) Where the scheme users of the land drainage scheme or water-race scheme have appointed any person to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Implementation of transfer plan
517Z Transfer by local authority of scheme assets and scheme liabilities
-
(1) Notwithstanding any Act, rule of law, or agreement, where a transfer proposal becomes a transfer plan under section 517Q or section 517X and that plan is to be given effect to by the transfer of a land drainage scheme or water-race scheme, the local authority must on the transfer day—
(a) Transfer to the person or group of persons to whom the scheme is transferred, the scheme assets and scheme liabilities; and
(b) Vest in the person or group of persons to whom the scheme is transferred any rights conferred by designations under district plans applying to any land transferred pursuant to this Part; and
(c) Grant to the person or group of persons to whom the scheme is transferred leases, easements, permits, consents, or rights of any kind in respect of any scheme assets or scheme liabilities as provided for by the transfer proposal, the amended transfer proposal, or the Commission's determination, as the case may be.
(2) Where a local authority continues, on behalf of scheme users, to collect revenue from land vested in the local authority in trust or as an endowment for the purposes of or in relation to a land drainage scheme or water-race scheme transferred under this Part, the local authority is entitled to deduct from such revenue all reasonable costs and expenses incurred in the collection of such revenue.
(3) Where any designation is, under subsection (1)(b) vested in a person or group of persons, that person or group of persons may, within the period of 2 years beginning on the transfer day, apply under section 167 of the Resource Management Act 1991 for approval as a requiring authority and is, until that application is disposed of or until that period of 2 years expires, whichever is the sooner, deemed to be a requiring authority within the meaning of that Act.
(4) Scheme assets that are fixed to, or are under or over, any land may be transferred under this Part, whether or not any interest in the land is also transferred. Where any such asset is so transferred, the asset and the land are to be regarded as separate assets each capable of separate ownership.
(5) Any scheme asset or scheme liability may be transferred under this Part, whether or not any Act or agreement relating to the asset or liability permits such transfer or requires any consent to such a transfer.
(6) Where a transfer takes place pursuant to this section and the transfer is registrable, the person responsible for keeping the register must register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for that purpose by the local authority.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZA Further provisions relating to transfer of scheme assets and scheme liabilities
-
(1) Nothing in this Part—
(a) Is to be regarded as placing the local authority, the scheme owner, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) Is to be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or
(c) Is to be regarded as placing the local authority, the scheme owner, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or
(d) Releases any surety wholly or in part from all or any obligation; or
(e) Invalidates or discharges any contract or security.
(2) Where a scheme asset or scheme liability is transferred to the scheme owner under section 517Z, the local authority remains liable to any third party as if the asset or liability had not been so transferred and in any such case the scheme owner must indemnify the local authority in respect of any liability arising under this situation.
(3) Where—
(a) Any scheme assets held or used by a local authority are held or used for the purposes of, or in relation to, any other land drainage scheme or water-race scheme vested in the local authority; or
(b) Any scheme liabilities are incurred by a local authority for the purposes of any other land drainage scheme or water-race scheme vested in the local authority,—
the scheme owner must indemnify the local authority for that proportion of the liability which represents the share of the land drainage scheme or water-race scheme in any such scheme asset or scheme liability.
(4) Any satisfaction or performance by the scheme owners in respect of the asset or liability is deemed to be also satisfaction or performance by the local authority.
(5) Any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the scheme owner is deemed to be also to the benefit of the local authority.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZB Rates and charges payable for proportionate part of year in certain circumstances
-
(1) Where in any year a land drainage scheme or water-race scheme is transferred under this Part before a local authority prescribes any charge or sets any rate for that year in respect of the scheme, any expenditure incurred by the local authority in respect of the scheme for the period beginning on 1 July in that year and ending with the transfer date of the scheme is recoverable by the local authority upon the transfer of the scheme, as a debt owing to the local authority by the scheme owner.
(2) If in any year a land drainage scheme or water-race scheme is transferred under this Part, after any charge or rate in respect of the scheme has been prescribed or set for that year, the local authority may assess and collect the charge or rate, but the proportion of the charge or rate that was assessed for the purpose of the scheme and that was not expended by the local authority before the transfer of the scheme must be paid by the local authority to the scheme owner upon the transfer of the scheme.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Subsection (1) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the word
“sets”
for the word“makes”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating, in a financial year that begins on or after 1 July 2003.Subsection (2) was substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating, in a financial year that begins on or after 1 July 2003.
517ZC Rights of entry
-
(1) Subject to subsections (2) to (6), any scheme owner may enter upon land (including land owned by the Crown) for the purpose of gaining access to any land drainage scheme or water-race scheme owned by the scheme owner and may perform any act or operation necessary for the purpose of operating, inspecting, maintaining, or repairing any such scheme.
(2) Subject to subsection (3), the power to enter upon land given by subsection (1) is subject to the following conditions:
(a) Entry to the land may only be made by the scheme owner or any other person authorised by the scheme owner in writing, either specifically or as a member of a class so authorised by the scheme owner:
(b) Reasonable notice of the intention to enter must be given:
(c) Entry may be made only at reasonable times:
(d) The person entering must carry evidence of his or her authority and must produce such evidence on initial entry or if required to do so.
(3) Nothing in subsection (2) applies where the entry is necessary in circumstances of probable danger to life or property.
(4) In any situation to which subsection (3) applies, notice of the entry must be given as soon as is practicable, whether before or after the entry is made.
(5) A person who enters upon any land in the exercise of the power given by subsection (1) must take all reasonable steps—
(a) To avoid or minimise the disturbance of any stock or poultry on the land; and
(b) To avoid or minimise any damage to or destruction of any fences, buildings, trees, or other property of any kind, other than property belonging to the scheme owner.
(6) The scheme owner is liable to repair, or pay compensation for, any damage or loss suffered by any person as a result of any exercise of the power of entry given by subsection (1).
Compare: 1987 No 116 s 12(1), (3); 1988 No 164 s 14(1)
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZD Registration of rights
-
(1) As soon as is reasonably practicable after the transfer of a land drainage scheme or water-race scheme under this Part, the principal administrative officer of the local authority must furnish to the scheme owner a certificate that the rights of entry upon land referred to in section 517ZC(1) apply to land specified in the certificate.
(2) The scheme owner must, upon receipt of the certificate, lodge it, together with such plans, if any, as the Registrar-General of Land requires, in the Land Registry Office for the district in which the land is situated.
(3) The Registrar-General of Land upon receipt of the certificate referred to in subsection (1) must,—
(a) If the land affected or any part of it is not subject to the Land Transfer Act 1952, cause an entry of the particulars of the certificate to be made under the proper heading or title in the index book of the Deeds Register Office; or
(b) If the land affected or any part of it is subject to the Land Transfer Act 1952, register the particulars of the certificate against the title to the land or part so subject.
(4) If the land affected by the certificate to which this section applies or any part of it is not subject to the Land Transfer Act 1952, and dealings with the land or part not so subject are not registrable under the Deeds Registration Act 1908, the person in whose favour the right exists must lodge a true copy of the certificate and memorandum in the office of the Chief Surveyor; and the Chief Surveyor must note the existence of the certificate on plans and records of the land district.
(5) No action lies against the Crown or any other person under Part 11 of the Land Transfer Act 1952 by reason of any certificate registered under this section not indicating the true position or course of those parts of the land drainage scheme or water-race scheme to which the right relates.
(6) Notwithstanding any enactment or rule of law to the contrary, any certificate registered under this section is deemed to be binding on any registered proprietor of an estate in fee simple or leasehold of, or on any registered licensee of, and on every person with a prior or subsequent interest registered against, the land or any interest in the land affected by the certificate.
(7) Without limiting the provisions of this section, any right referred to in any certificate registered by the Registrar-General of Land under this section may be transferred, by a memorandum of transfer to be registered under the Land Transfer Act 1952, to any person or group of persons to whom any land drainage scheme or water-race scheme has been transferred.
(8) On and after the commencement of this section, nothing in—
(a) Part 5 of the Public Works Act 1981; or
(b) Section 708 of this Act; or
(c) Section 29 of the Land Drainage Act 1908; or
(d) Section 10 of the Rangitaiki Land Drainage Act 1956,—
applies to, or in respect of, any right to which subsection (1) applies.
(9) Nothing in this section prejudices or affects any claim for compensation made before the commencement of this section under any of the Acts specified in subsection (8).
Compare: 1990 No 52 s 4(6)(c), (7), (10)-(13)
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZE Transfer of existing easements, etc
-
(1) Where a land drainage scheme or water-race scheme is transferred by a local authority under this Part, the benefit of any existing easement, agreement, or right over or in respect of land relating to land drainage works, drainage channels, water races, or other facilities, for the purposes of the scheme, is deemed to be transferred to the person or group of persons to whom the scheme is transferred, notwithstanding that the easement, agreement, or right may not have been registered.
(2) In respect of any land to which subsection (1) applies, the local authority must, at the request of the scheme owner, by notice registered in accordance with this section against the title of the land, indicate the existence of the relevant easement, agreement, or right and the fact that it has been transferred to the scheme owner pursuant to subsection (1).
(3) Every such notice must—
(a) Be signed by the local authority; and
(b) Specify the parcel of land affected; and
(c) Have endorsed on the notice, or refer to, a diagram or plan showing the position or course of the land drainage works, drainage channels, water race, or other facility to which the easement, agreement, or right relates; and
(d) Be lodged by the local authority in the Land Registry Office for the district in which the land affected is situated and registered by the Registrar-General of Land against the title to that land.
(4) Notwithstanding anything in subsection (3)(c), where it is not practicable to show on the diagram or plan the true position or course of the land drainage works, drainage channels, water race, or other facilities to which the easement, agreement, or right relates, the notice registered in accordance with this section must indicate the position or course as nearly as possible, and, until the contrary is proved, the position or course so indicated is deemed to be the true position or course.
(5) Where any such notice has endorsed on it or refers to a diagram or plan to which subsection (4) applies and it is subsequently shown by a plan deposited by the Registrar-General of Land that the true position or course of the land drainage works, drainage channels, water race, or other facility differs from the position or course shown on the first-mentioned diagram or plan, the Registrar-General of Land must endorse on the notice and on any other appropriate titles, plans, or records a reference to the deposited plan; and the notice is thereupon deemed to have referred to the deposited plan from the date on which it was signed.
(6) No action lies against the Crown under Part 11 of the Land Transfer Act 1952 by reason of any notice registered under this section not indicating the true position or course of any land drainage works, drainage channel, or water race.
(7) Notwithstanding any enactment or rule of law to the contrary, any notice registered under this section is deemed to be binding on any registered proprietor of an estate in fee simple or leasehold of, or on any registered licensee of, and on every person with a prior or subsequent interest registered against, the land or any interest in the land affected by the notice.
(8) Any easement, agreement, or right referred to in any notice registered under this section may be transferred, by a memorandum of transfer registered under the Land Transfer Act 1952, to any person or group of persons to whom any land drainage scheme or water-race scheme is subsequently sold or otherwise disposed of.
Compare: 1990 No 52 s 5
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZF Transfer of water permits
-
(1) Where a land drainage scheme or water-race scheme is transferred by a local authority under this Part, any existing permit held by the local authority to dam any river or stream or to divert, take, use, or discharge water for the purposes of the scheme is deemed to be transferred to the person to whom, or the group of persons to which, the scheme is transferred.
(2) Every permit so transferred continues to be subject to the same terms and conditions as those to which it was subject immediately before the date of transfer.
(3) Every permit to which this section applies is subject to the provisions of any other enactment relating to it.
Compare: 1990 No 52 s 7; 1991 No 69 s 362
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZG Transfer of land
-
(1) Nothing in sections 40 to 42 of the Public Works Act 1981 applies to the transfer by the local authority of any land or interest in land under this Part so long as the land or interest in land continues to be used for the purposes of a land drainage scheme or water-race scheme, but, if all or any part of the land or interest in land is no longer required for such purposes, sections 40 and 41 of that Act apply to the land or interest no longer so required as if the owner of the land or interest were the local authority and the land or interest had not been transferred under this Part.
(2) The Registrar-General of Land must endorse on every certificate of title transferred to any person or group of persons under this Part, the effect of subsection (1).
Compare: 1990 No 52 ss 9(4), 10(2)
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZH Section 11 and Part 10 of Resource Management Act 1991 and Part 21 of this Act not to apply
-
Section 11 and Part 10 of the Resource Management Act 1991 and Part 21 of this Act do not apply to or in respect of the transfer of any land or interest in land under this Part of this Act nor to any subdivision required in respect of any such transfer.
Compare: 1990 No 52 s 12; 1991 No 69 s 362
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZI Activity permitted as of right
-
For the purposes of section 375(1)(a)(iii) of the Resource Management Act 1991 and for the avoidance of doubt, where any land drainage scheme or water-race scheme is transferred under this Part, any use for drainage purposes or water-race purposes of the land upon which the land drainage scheme or water-race scheme is situated is deemed to be a permitted activity within the meaning of that Act, and section 375 of that Act applies accordingly.
Compare: 1990 No 52 s 13; 1991 No 69 s 362
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZJ Revocation of resolutions constituting drainage areas and water-race areas
-
(1) On the transfer of any land drainage scheme or water-race scheme under this Part,—
(a) That part of every resolution in force in relation to that scheme and made under section 423 or section 504 or section 505, or the corresponding provision of any former enactment relating to land drainage or water races, is deemed to be revoked; and
(b) That part of every drainage district (being a drainage district that is deemed to be a drainage area constituted under Part 29) that relates to the scheme is deemed to be excluded from that drainage area; and
(c) That part of every water-race district (being a water-race district that is deemed to be a water-race area constituted under Part 25) that relates to that scheme is deemed to be excluded from that water-race area; and
(d) That part of every irrigation district (being an irrigation district that is deemed to be a water-race area constituted under Part 25) that relates to that scheme is deemed to be excluded from that water-race area.
(2) A local authority must alter the boundaries of any drainage area or water-race area to such extent as is necessary to reflect any revocation effected, or exclusion deemed to have been effected, by subsection (1).
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
The heading to section 517ZJ was amended, as from 7 July 2004, by section 18(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the word
“resolutions”
for the words“special orders”
.Subsection (1)(a) was amended, as from 7 July 2004, by section 18(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the word
“resolution”
for the words“special order”
.Subsection (2) was amended, as from 7 July 2004, by section 18(3) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words
“by special order”
.
517ZK Power of local authority to enter into contracts with scheme owners
-
Subject to Part 16A, a local authority may enter into a contract with the scheme owner of any land drainage scheme or water-race scheme to undertake all or any of the following, namely, the planning, implementation, operation, and maintenance of that land drainage scheme or water-race scheme.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZL Power to repair or maintain land drainage schemes and water races
-
If a land drainage scheme or water-race scheme is not repaired or maintained in a due state of efficiency, the owners or occupiers for the time being of the land through, on, or between which the land drainage scheme or water-race scheme is situated may, after giving 7 clear days notice to the scheme owner of their intention to do so, repair or otherwise maintain the same in a due state of efficiency, and recover in a summary manner from the scheme owner a fair and equitable proportion of the expenses incurred by them in so doing.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
517ZM Power of territorial authority to reconstitute land drainage or water-race areas
-
(1) A territorial authority may, upon receipt of a petition signed by the occupiers of a majority of the separately rateable properties served by a land drainage scheme or water-race scheme, and with the agreement of the scheme owner, declare the whole or any defined part of the district in which the land drainage scheme or water-race scheme is situated to be constituted—
(a) A drainage area for the purpose of land drainage works for the drainage of land in the area; or
(b) A water-race area for the purpose of the construction and maintenance therein of water races and the supply of water therefrom.
(4) Upon a drainage area or water-race area being constituted under subsection (1),—
(a) The drainage channels and land drainage works relating to the land drainage scheme vest in the territorial authority; and
(b) The water races relating to the water-race scheme vest in the territorial authority.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Subsection (1) was amended, as from 7 July 2004, by section 19 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words
“by special order,”
.
Part 30
Supply of energy
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
518 Interpretation
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
Supply of energy by territorial authorities
519 Territorial authority may light roads, etc, with energy
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
520 Supply of energy
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
Section 520(b) was substituted by section 71(2) Gas Act 1982 (1982 No 27), and further amended, as from 1 April 1993, by section 173(2) Electricity Act 1992 (1992 No 122) by substituting the expression
“Gas Act 1992”
for the expression“Gas Act 1982”
.Section 520(d) was inserted, as from 17 December 1982, by section 23 Local Government Amendment Act (No 2) 1982 (1982 No 166).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56).
521 Gas reticulation
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 521 was repealed, as from 1 May 1983, by section 71(2) Gas Act 1982 (1982 No 27).
522 Powers in respect of supply of energy
523 Territorial authority may contract with other persons for lighting of roads and for supply of energy
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
524 Territorial authority may install, purchase, or sell fittings and equipment
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
525 Supply of energy to persons outside the district
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
Section 525 was amended, as from 1 April 1980, by section 43(1) Local Government Amendment Act 1980 (1980 No 82), and further amended, as from 1 April 1993, by section 173(2) Electricity Act 1992 (1992 No 122) by deleting the words
“subject to the Gas Act 1982”
.Section 525(b) was substituted, as from 1 April 1980, by section 43(2) Local Government Amendment Act 1980 (1980 No 82).
526 Works for supply of energy to vest in territorial authority
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
527 Consumer to supply fittings
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
528 Offences with respect to meters
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
529 Territorial authority to fix price of energy
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
530 Territorial authority may cut off supply of energy
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
Section 530 amended by section 71(2) Gas Act 1982 (1982 No 27).
531 Recovery of energy charges
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
532 Electricity or gas company may sell works to territorial authority
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 532 was amended, as from 1 May 1983, by section 71(2) Gas Act 1982 (1982 No 27) by substituting the words
“paragraph (c) of section 520 of this Act and the Gas Act 1982”
.Section 532 was amended, as from 1 April 1993, by section 173(2) Electricity Act 1992 (1992 No 122) by omitting the words
“and the Gas Act 1982”
.Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
533 Territorial authority may advance to occupier of premises cost of installation or conservation of energy
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was substituted, as from 14 August 1986, by section 10 Local Government Amendment Act (No 3) 1986 (1986 No 50).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
534 When advance not to be a charge on land
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
535 Savings of agreements
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
Supply of energy by regional councils or united councils
536 Regional council or united council may undertake regional energy supply
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 536 was repealed, as from 1 July 1992, by section 49 Local Government Amendment Act 1992 (1992 No 42).
536A Regional energy planning committee
-
[Repealed]
Part 30, comprising sections 518 to 536A, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 536A was repealed, as from 1 July 1992, by section 49 Local Government Amendment Act 1992 (1992 No 42).
Agreements for supply of energy
536B Territorial authority, regional council, or united council may enter into arrangements with other bodies for the supply of energy
-
[Repealed]
Section 536B was inserted, as from 19 January 1981, by section 44 Local Government Amendment Act 1980 (1980 No 82).
Section 536B was repealed, as from 14 August 1986, by section 8(2)(c) Local Government Amendment Act (No 3) 1986 (1986 No 50).
Part 31
Waste management
[Repealed]
Part 31: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
537 Interpretation
-
[Repealed]
Section 537: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
538 Duty of territorial authority to encourage efficient waste management
-
[Repealed]
Section 538: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
539 Waste management plan
-
[Repealed]
Section 539: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
540 Powers in respect of waste management
-
[Repealed]
Section 540: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
540A Collection and disposal of waste
-
[Repealed]
Section 540A: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
541 Waste management operations and facilities
-
[Repealed]
Section 541: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
542 Bylaws
-
[Repealed]
Section 542: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
543 Grants
-
[Repealed]
Section 543: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
544 Allocation of costs
-
[Repealed]
Section 544: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).
545 Meaning of council
-
[Repealed]
Part 31 (comprising section 537 to 548) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 545, and the heading
“Regional refuse collection and disposal”
, were repealed, as from 1 July 1992, by section 50 Local Government Amendment Act 1992 (1992 No 42).A new Part 31 (comprising sections 537 to 544) was substituted for the former Part 31, as from 8 August 1996, by section 2 Local Government Amendment Act (No 4) 1996 (1996 No 84).
546 Council may operate refuse collection and disposal services
-
[Repealed]
Part 31 (comprising section 537 to 548) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Sections 546 to 548 were repealed, as from 1 July 1992, by section 50 Local Government Amendment Act 1992 (1992 No 42).
547 Powers of council in respect of refuse collection and disposal service
-
[Repealed]
Part 31 (comprising section 537 to 548) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Sections 546 to 548 were repealed, as from 1 July 1992, by section 50 Local Government Amendment Act 1992 (1992 No 42).
548 Use of regional refuse disposal works by local authorities outside region
-
[Repealed]
Part 31 (comprising section 537 to 548) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Sections 546 to 548 were repealed, as from 1 July 1992, by section 50 Local Government Amendment Act 1992 (1992 No 42).
Part 32
Land development for housing, commercial, and industrial purposes
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
549 Interpretation
-
[Repealed]
(1) In this Part of this Act, unless the context otherwise requires,—
Building society means a society formed under or subject to the Building Societies Act 1965
Council means a territorial authority
Council: substituted, as from 29 April 1985, by section 31 Local Government Amendment Act 1985 (1985 No 60). Further substituted, as from 1 July 1992, by section 51(1) Local Government Amendment Act 1992 (1992 No 42).
District means the district of a territorial authority
District: substituted, as from 29 April 1985, by section 31 Local Government Amendment Act 1985 (1985 No 60). Further substituted, as from 1 July 1992, by section 51(1) Local Government Amendment Act 1992 (1992 No 42).
Estimated value, in relation to any land or building, means the value as estimated in a valuation made on behalf of the council for the purposes of this Part of this Act
Financial institution means any Government department, building society, savings bank, company, or body corporate (whether incorporated in New Zealand or elsewhere) empowered to lend money on mortgage of land
House means any house, or part of a house occupied as a separate dwelling; and includes a residential flat and a lodginghouse; and also includes out-buildings, paths, and fences and any land appurtenant to a house
Insurance fund means an insurance fund established under section 571 of this Act
Road has the same meaning as in section 315 of this Act; and includes a private road and a private way
Savings bank means a trustee bank constituted under the Trustee Banks Act 1983 or a private savings bank established under the Private Savings Banks Act 1983
Savings bank: the expression
“trustee bank”
was substituted for the expression“trustee savings bank”
, as from 1 April 1984, pursuant to section 54(5) Trustee Banks Act 1983 (1983 No 116).Savings bank: the expression
“Trustee Banks Act 1983”
was substituted for the expression“Trustee Savings Banks Act 1948”
, as from 1 April 1984, pursuant to section 54(5) Trustee Banks Act 1983 (1983 No 116).Savings bank: The Trustee Savings Bank Act 1983 was repealed by section 40 Trustee Banks Restructuring Act 1988 (1988 No 90).
Services includes water supply, sewerage, drainage, electricity supply, gas supply, and other services of any kind
Valuer means the officer or valuer appointed from time to time by the council as valuer for the purposes of this Part of this Act.
(2) Every provision of this Part of this Act authorising a council to sell land or to make advances in respect of any land shall include power to sell on deferred-payment licence or, as the case may be, to make advances in respect of land held on deferred-payment licence.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 549 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
549A United council and regional council may only act under this Part in response to developments for which it may determine development levy
-
[Repealed]
Section 549A was inserted, as from 30 March 1985, by section 32 Local Government Amendment Act 1985 (1985 No 60).
Section 549A was repealed, as from 1 July 1992, by section 52(1) Local Government Amendment Act 1992 (1992 No 42).
Development of land for housing
550 Council may acquire land for housing
-
[Repealed]
(1) The council may from time to time purchase any area or areas of land, whether within or outside the district, for housing purposes.
(2) The council may from time to time take or otherwise acquire under the Public Works Act 1981 any area or areas of land within the district for housing purposes.
(3) Subject to section 18 of the Public Works Act 1928, land may be purchased or taken or otherwise acquired under this section, whether or not there are buildings on the land.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 550 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
551 Council may subdivide land
-
[Repealed]
Subject to the Resource Management Act 1991, the council may—
(a) Subdivide or resubdivide any land acquired as aforesaid, and any other land vested in it and not held upon trust for any particular purpose other than housing, into suitable building allotments; and
(b) Construct thereon roads and such other public works as it considers necessary for the use, convenience, and enjoyment of the land for residential purposes, and provide services and develop the land as building allotments.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 551 was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“Subject to the Resource Management Act 1991,”
for the words“Subject to Part 20 of this Act,”
.Section 551 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
552 Council may erect or purchase or convert houses
-
[Repealed]
(1) The council may—
(a) On any land purchased, acquired, or appropriated by it or by any other local authority for the purpose, erect houses:
(b) Purchase or otherwise acquire any buildings with or without lands for that purpose:
(c) Convert any buildings into houses:
(d) Alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and supply the same or any of them respectively with all requisite furniture, fittings, and conveniences.
(2) Without limiting the power of the council to make bylaws conferred by section 684 of this Act, the council may make bylaws in reference to the letting of houses by the council.
(3) The council shall manage and control every such house that it so fits up, furnishes, and supplies as aforesaid.
(4) The council may make reasonable charges for the tenancy or occupation of the houses provided under this section.
(5) Every council that establishes any lodginghouse under this section shall make bylaws for the management and control thereof by the council, and for the observance of proper conduct therein.
(6) The erection or conversion of houses for the purposes of this section shall be deemed to be a public work within the meaning of the Public Works Act 1981.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 552 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
553 Erection of flats and sale of flats
-
[Repealed]
(1) In this section the term flat-owning company means a company registered under the Companies Act 1955or the Companies Act 1993, as the case may be, the articles of association or the constitution of which provide that the registered holder of specified shares in the company is entitled, by virtue of being the holder of those shares, to occupy a specified residential flat comprising or forming part of a building owned by the company.
(2) Without limiting any powers conferred on the council by any other provision of this Part of this Act, the council may, for the purpose of providing residential accommodation for persons desiring to own and personally occupy flats erected by the council,—
(a) Acquire land and erect one or more residential flats thereon or erect one or more residential flats on land vested in the council and not held in trust for any particular purpose other than housing:
(b) Take all such steps as may be necessary for the purpose of forming and registering a flat-owning company:
(c) Subscribe for shares in the company:
(d) Transfer to the company any such flats together with the land appurtenant thereto in consideration of the allotment to the council of shares in the company:
(e) Acquire, hold, transfer, and otherwise dispose of shares in the company in accordance with the articles of association or the constitution of the company:
(f) Take all such steps as may be necessary to enable persons desiring to own and personally occupy flats transferred to the company to become shareholders in the company:
(g) Sell to any person desirous of personally occupying any flat an undivided share in the land on which the flat is erected:
(h) Lease any flat to any person desirous of personally occupying that flat, or to some other person as trustee for a future lessee or intending lessee of that flat, and, notwithstanding any other provision of this Act, for such terms of years, at such nominal rental or other rental, and subject to such other provisions as the council thinks fit:
(i) Take all such other steps as may be necessary to enable a person desirous of owning and personally occupying a flat to become the lessee of that flat and the owner as aforesaid of a proportionate undivided share in the land on which the flat is erected:
(j) Take all such steps as may be necessary to subdivide the land on which any flats are erected or are to be erected into units under the Unit Titles Act 1972:
(k) Sell any such unit to any person desirous of personally occupying the flat included in that unit:
(l) Exercise such other incidental powers as may be necessary.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by substituting the words
“or the Companies Act 1993, as the case may be, the articles of association or the constitution”
for the words“articles of association”
.Subsection (2)(e) was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by inserting the words
“or the constitution”
.Section 553 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
554 Council may sell or lease houses and building sections
-
[Repealed]
(1) Subject, in the case of a sale, to section 230 of this Act and, in the case of a lease, to section 555 of this Act, the council may—
(a) Sell any building allotment upon such terms as in its absolute discretion it thinks proper to any person desirous of erecting a house thereon for the personal occupation of himself and his family:
(b) Sell to any person desirous of personally occupying the same with his family any house, with or without the allotment upon which it is erected, upon such terms as in its absolute discretion it thinks proper:
(c) Lease any building allotment to any person desirous of personally occupying with his family any house already on the allotment:
(d) Lease to any person for the purpose of erecting a house thereon any building allotment (not being land held upon trust for any particular purpose other than housing) on which no buildings are erected:
(e) Either itself erect and sell to the lessee a house on any building allotment so leased, or lend money to the lessee to enable him to erect a house thereon, and may provide for the repayment of any such loan, with interest, by instalments as hereinafter mentioned.
(2) The council may advance money to any person to enable him to erect, extend, improve, or convert a house on any land of which he is the owner, or to acquire land and erect a house thereon, or to acquire land with a suitable house already erected thereon, and to extend, improve, or convert any such house, and may provide for the repayment of the advance, with interest, by instalments.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 554 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
555 Provisions as to leases
-
[Repealed]
(1) Subject to this section, every lease under section 554 of this Act shall be in accordance with the Public Bodies Leases Act 1969, but sections 8 and 9 of that Act shall not apply to any such lease if there is a covenant therein that the lessee will erect one or more houses on the land not later than 2 years after the commencement of the lease. If the lease is granted on the terms mentioned in Schedule 1 or Schedule 2 to that Act, then, to the extent to which the house has been paid for by the lessee (whether out of his own money or by repayment by instalments of the loan money), the house shall be deemed an improvement effected by the lessee during his tenancy.
(2) Where any such lease is granted, the following provisions shall apply:
(a) The annual rent throughout the term of any terminating lease shall not be less than 4 percent of the land value of the land to be fixed by the Valuer and approved by the council:
(b) The annual rent for renewal terms of any such lease shall be fixed by valuation as provided in the Public Bodies Leases Act 1969, but shall in no case be less than 4 percent of the land value of the land according to the valuation roll under the Rating Valuations Act 1998 for the time being in force:
(c) Any such lease may contain a provision whereby the lessee shall have the right at any time to purchase the fee simple of the land comprised therein at a price not less than the land value of the land as last fixed pursuant to and for the purpose of paragraph (a) or paragraph (b) of this subsection, whichever is applicable to the lease. Every such purchase shall be completed within 6 months after the date of the election:
-
(d) On any such election by a lessee to purchase during the subsistence of any mortgage under this Part of this Act affecting the leasehold interest of the lessee in the land concerned,—
(i) The lessee shall, on the completion of the purchase, either fully pay off and satisfy the mortgage or execute in favour of the same mortgagee a new mortgage of the fee simple of the land securing the money still remaining owing under the mortgage of the leasehold interest and containing the same covenants, terms, and provisions, so far as they are applicable and with the necessary modifications, as are contained in the last-mentioned mortgage; and
(ii) All guarantees and agreements entered into pursuant to this Part of this Act between the council and the financial institution concerned in relation to the mortgage of the leasehold interest shall, so far as they are applicable and with the necessary modifications, enure in respect of and apply to the new mortgage instead of the mortgage of the leasehold interest.
(3) Nothing in subsection (2) of this section shall affect the rights of the parties under any lease in force at the commencement of this Part of this Act granted before the 1st day of March 1971 (being the date of the commencement of the Valuation of Land Amendment Act (No 2) 1970), or any lease granted after that date (whether before or after the commencement of this Part of this Act) in renewal or subsequent renewal of any such first-mentioned lease, and every such lease shall continue to have effect or, as the case may be, shall have effect after the commencement of this Part of this Act as if every reference in subsection (2) of this section to land value were a reference to unimproved value (as defined in the Valuation of Land Act 1951 before the commencement of the Valuation of Land Amendment Act (No 2) 1970), as determined by a registered valuer nominated by the President of the New Zealand Institute of Valuers by a special valuation made as at the relevant date.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2)(b) was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words
“Rating Valuations Act 1998”
for the words“Valuation of Land Act 1951”
. See sections 55 to 63 for the savings and transitional provisions.Subsection (3) was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words
“a registered valuer nominated by the President of the New Zealand Institute of Valuers”
for the words“the Valuer-General”
. See sections 55 to 63 for the savings and transitional provisions.Section 555 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
556 Leasehold-purchase schemes
-
[Repealed]
(1) Sections 8 and 9 of the Public Bodies Leases Act 1969 shall not apply in respect to any building allotment that is disposed of pursuant to a leasehold-purchase scheme operated by a financial institution.
(2) In any such case the council may lease any such allotment to any person desirous of erecting thereon a house for his personal occupation or of personally occupying a house already on the allotment, on such terms and conditions as the council in its discretion thinks fit, including, but without limiting the generality of the provisions of this subsection, a provision that the lessee shall have the option of purchasing the fee simple of the land comprised therein at such price and on such terms and conditions as the council in its discretion thinks fit.
(3) For the purposes of any such scheme, the council may transfer any such building allotment to the financial institution operating the scheme.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 556 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
557 Leases to employees of council may be by private contract
-
[Repealed]
Notwithstanding anything in this Act, any lease under sections 554 to 556 of this Act to any employee of the council may be by private contract.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 557 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
558 Repayment of advances and purchase money
-
[Repealed]
(1) In any case mentioned in section 553 or section 554 of this Act, where money is advanced to any person or any purchase money is unpaid, interest at a rate fixed by the council shall be payable.
(2) In any case mentioned in section 553 or section 554 of this Act, where provision is made for the repayment of any advance or for the payment of any purchase money by instalments, those instalments may be made weekly, fortnightly, or monthly, as may be arranged, for such period as the council thinks fit.
(3) Every weekly or other instalment payable as aforesaid shall consist partly of principal and partly of interest, and the amount of principal and interest respectively payable during each period of 6 months shall be calculated according to such scale or scales as may from time to time be determined by the council.
(4) Notwithstanding anything in the foregoing provisions of this section, the council and any lessee or mortgagor, at any time after at least one-tenth of the principal money owing by the lessee or mortgagor has been repaid, may enter into a new agreement with respect to payment by instalments of the balance of the principal then outstanding, and for the purposes of that agreement any arrears of interest may be capitalised and be treated as outstanding principal.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 10 September 1999, by section 7 Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words
“pursuant to section 221 of this Act”
and substituting the words“by the council”
.Section 558 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
559 Council may decline to sell or lease without giving reasons
-
[Repealed]
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 559 was repealed, as from 29 April 1985, by section 33 Local Government Amendment Act 1985 (1985 No 60).
560 Sale or lease of land for housing
-
[Repealed]
Subject to sections 230 and 231 of this Act, the council may sell or may lease by private contract or in accordance with the Public Bodies Leases Act 1969 any land which it has acquired under this Part of this Act, or any other land vested in the council (not being a public reserve or land held upon trust for any particular purpose other than housing) to any person, company, or other organisation, subject to the condition that that person, company, or other organisation will build houses thereon for disposal by way of sale or lease to any person desirous of personally occupying the same.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 560 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
561 Council may sell or lease surplus land
-
[Repealed]
Subject to sections 230 and 231 of this Act, the council may sell or lease any land which it has acquired under this Part of this Act and which it may at any time consider to be unsuitable for, or in excess of what it requires for, the purposes of this Part of this Act to such persons and upon such terms as the council thinks fit.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 561 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
562 Proceeds of sale or lease of building allotments to be paid into a separate account
-
[Repealed]
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 29 April 1985, by section 34 Local Government Amendment Act 1985 (1985 No 60) by substituting the words
“bank account and credited to the Housing and Property Account”
for the words“separate account”
.Section 562 was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Advances to financial institutions and guarantees of housing loans
563 Advances by council towards loans for housing purposes
-
[Repealed]
(1) Where any person approved by the council is desirous of erecting or purchasing or improving or converting a house upon land, whether within or outside the district, and applies to a financial institution for an advance by way of first mortgage upon the security of the land and the proposed or existing house, the council may, out of loan money raised as hereinafter provided, pay to the financial institution such sum, not exceeding the limit provided by subsection (4) of this section, as it thinks fit, conditionally on that sum, together with the money to be advanced by the financial institution, being secured upon the land and the proposed or existing house by a first mortgage in favour of the financial institution containing such terms and provisions as the council may approve.
(2) The council and the financial institution may from time to time enter into such agreements in writing as they think fit in regard to the application and appropriation, as between the council on the one hand and the financial institution on the other hand, of all payments made and sums recovered under any such mortgage or mortgages, and in regard to such other matters concerning any such mortgage or mortgages as the council and the financial institution consider expedient. Every such agreement may be varied from time to time by agreement in writing between the council and the financial institution.
(3) Before exercising in any case the power conferred on it by subsection (1) of this section, the council shall be satisfied—
(a) That the applicant for the loan has provided or is able to provide towards the cost of the land and the proposed or existing house not less than one-tenth of the total estimated value of the land and of the proposed house (when erected thereon) or of the land and the existing house (when purchased, improved, or converted), as the case may be:
(b) That the money to be advanced as aforesaid by the financial institution on first mortgage out of its own money (not including the money to be paid by the council to the financial institution under this section) amounts to not less than two-thirds of the total estimated value of the land and of the proposed house (when erected thereon) or of the land and the existing house (when purchased, improved, or converted), as the case may be:
(c) That the total principal money to be secured by the mortgage (after deduction therefrom of the money payable to the insurance fund under this Part of this Act) does not exceed nine-tenths of the total estimated value of the land and of the proposed house (when erected thereon) or of the land and the existing house (when purchased, improved, or converted), as the case may be.
(4) The total principal money secured by any mortgage to which this section relates shall not exceed an amount from time to time prescribed by the Minister by notice in the Gazette, and the amount to be paid by the council to any financial institution for the purpose of being advanced by the financial institution upon the security of any such mortgage shall not exceed one-fourth of the total principal money advanced under that mortgage.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 563 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
564 Guarantees by council of portions of mortgages granted for housing purposes
-
[Repealed]
(1) Where any person approved by the council is desirous of purchasing or erecting or improving or converting a house upon land within or outside the district, and applies to a financial institution for an advance by way of first mortgage upon the security of the land and the proposed or existing house, the council may, by deed or other instrument, guarantee to that financial institution repayment of any portion, not exceeding the limit provided by subsection (4) of this section, of the money which the financial institution may so advance to that person.
(2) Every guarantee under this section shall contain such provisions as the council and the financial institution may agree upon in regard to the application and appropriation, as between the portion of the money guaranteed by the council and the other money secured by the mortgage, of all payments made and sums recovered under the mortgage and in regard to such other matters concerning the mortgage or the guarantee as the council and the financial institution consider expedient. Every such guarantee may from time to time be varied by deed or other instrument executed by the council and by the financial institution.
(3) Before exercising in any case the power conferred on it by this section, the council shall be satisfied—
(a) That the applicant for the loan has provided or is able to provide towards the cost of the land and proposed house not less than one-tenth of the total estimated value of the land and of the proposed house (when erected thereon) or of the land and the existing house (when purchased, improved, or converted), as the case may be:
(b) That the money to be advanced by the financial institution on first mortgage as aforesaid amounts to not less than two-thirds of the total estimated value of the land and of the proposed house (when erected thereon) or of the land and the existing house (when purchased, improved, or converted), as the case may be, but does not (after deduction therefrom of the money payable to the insurance fund under this Part of this Act) exceed nine-tenths of that total estimated value.
(4) The portion of the principal money the payment of which may be guaranteed by the council under this section shall not exceed one-third of the total principal money secured by the mortgage.
(5) Where the council becomes liable to make any payment under any such guarantee as aforesaid, it may make the payment out of the Rates and Appropriations Account or the Contributions Account, as the case may be, or out of any money borrowed under this section.
(6) [Repealed]
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (6) was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 564 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
565 Power of council to guarantee loans for erection of flats
-
[Repealed]
(1) For the purpose of enabling any person to obtain funds required by that person for the erection or improvement of residential flats or the conversion of any building into residential flats on land, whether within or outside the district, the council may from time to time guarantee the repayment of the whole or any part of any money so borrowed by that person for that purpose and the payment of interest or any part of the interest on any money so borrowed.
(2) Where the council becomes liable to make any payment under any such guarantee as aforesaid, it may make the payment out of the general revenues of the district or out of any money borrowed under this section.
(3) For the purpose of providing funds to enable it to make any payment for which it becomes liable pursuant to this section or for the purpose of refunding to the general revenues of the district any money paid thereout under this section, the council may borrow money under Part 7B of this Act.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
This section was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 565 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
566 Council may guarantee certain replacement mortgages
-
[Repealed]
(1) Subject to subsection (2) of this section, where—
(a) The council has entered into any guarantee under section 564 of this Act in respect of any advance by way of first mortgage (in this section referred to as the original mortgage) granted to any person; and
(b) That person, for the purpose of repaying all money then secured by the original mortgage, applies to a financial institution for an advance by way of first mortgage (in this section referred to as the replacement mortgage) upon the security over which the original mortgage was given and on terms providing that the principal money secured by the replacement mortgage shall be free of interest but shall include money by way of premiums payable by the mortgagor,—
the council may guarantee to the financial institution making the advance under the replacement mortgage repayment of the money so advanced, or of any portion of that money.
(2) The council shall not under this section guarantee in respect of any replacement mortgage repayment of any money in excess of the principal money secured by the original mortgage at the time of its repayment.
(3) Subject to the foregoing provisions of this section, section 564 of this Act shall apply with respect to every guarantee given under this section.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 566 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
567 Provisions affecting mortgages
-
[Repealed]
(1) Every mortgage to which section 563 or section 564 or section 566 of this Act applies shall be for a period of not more than 30 years.
(2) Every such mortgage shall contain a covenant by the mortgagor that on any transfer or agreement for sale of the property encumbered by the mortgage he will reduce the principal money then secured thereby to such sum as is equivalent to seven-tenths of the principal money originally secured by the mortgage, or to such greater sum as the council and the financial institution may approve in the circumstances of the particular case.
(3) Any person, firm, or company may join in or guarantee any of the covenants on the part of the mortgagor contained or implied in any such mortgage.
(4) Collateral security may be taken by the financial institution in respect of any such mortgage; and in particular collateral security may be taken over any policy of life insurance, whether the policy be on the life of the mortgagor or on the life of any other person.
(5) If default is made under any such mortgage, the council shall have the right, while the default continues, to call upon the financial institution to transfer the mortgage to the council.
(6) If default is made under any such mortgage and the default continues for a period of not less than 3 months,—
(a) The financial institution, by notice in writing given while the default continues, may call upon the council to elect whether or not it desires to call upon the financial institution to transfer the mortgage to the council; and
(b) The council shall, if the default continues, make its election within 2 months after being called upon to do so; and
(c) If it elects not to call upon the financial institution to transfer the mortgage to the council, or if the default continues during the 2 months and the council fails to make an election in accordance with this subsection, the council shall not be entitled thereafter to call upon the financial institution to transfer the mortgage to the council.
(7) Where the council, pursuant to subsection (5) or subsection (6) of this section, calls upon the financial institution to transfer any such mortgage to the council,—
-
(a) The council shall, within one month after the date upon which the council calls upon the financial institution to transfer the mortgage to the council, pay to the financial institution all principal and other money secured by the mortgage, including all interest secured by the mortgage down to the date of the payment, but excluding any money secured by the mortgage in respect of any sum advanced by the council to the financial institution under section 563 of this Act:
Provided that, except in cases where the council and the financial institution have previously otherwise agreed, the council shall not be liable to pay to the financial institution any interest which accrued due under the mortgage more than 6 months before the date upon which the council called upon the financial institution to transfer the mortgage to the council:
(b) The financial institution shall, on the payment being made by the council as aforesaid, and on the council paying all reasonable legal and other expenses incurred by the financial institution in doing so, transfer to the council the mortgage and every guarantee thereof and security collateral therewith held by the financial institution.
(8) If default is made under any such mortgage and the default continues for a period of not less than 6 months, the council may, if the financial institution has not during the period of default and prior to the council doing so called upon the council under subsection (6) of this section to make the election referred to in that subsection, require the financial institution to apply (if it may lawfully do so) to the Registrar of the High Court to conduct a sale of the mortgaged property under section 99 of the Property Law Act 1952, but the council shall pay to the financial institution all reasonable legal and other expenses incurred by the financial institution in and consequent upon the making of that application.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“High Court”
were substituted for the words“Supreme Court”
, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).Section 567 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
568 Mortgages securing premium instead of interest
-
[Repealed]
Where, in any mortgage to which section 563 or section 564 or section 566 of this Act applies, the mortgagor is charged with a premium instead of interest, and the premium forms part of the principal sum secured by the mortgage, then, for the purposes of this Part of this Act, the following provisions shall apply:
(a) The amount of the principal sum secured by any such mortgage may exceed nine-tenths of the total estimated value of the land and the proposed house (when erected thereon) or of the land and the existing house (when purchased, improved, or converted), as the case may be, and may also exceed the amount for the time being prescribed by the Minister by notice in the Gazette for the purposes of the said section 563 or, as the case may be, the amount specified in the said section 564 or section 566, but in each case only by an amount equal to the amount of the premium which has been added to the cash advance instead of interest:
(b) The amount which the council may be required to pay to the financial institution concerned under section 567(7) of this Act shall be determined by agreement between the council and the financial institution at the time of the making of the advance.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 568 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
569 Mortgages of leases
-
[Repealed]
Sections 563 to 568 of this Act shall apply, as far as they are applicable and with the necessary modifications, to applications for advances on the security of any lease granted under this Part of this Act of land purchased or taken or otherwise acquired under this Part of this Act for subdivision into building allotments:
Provided that every reference in this Part of this Act to the cost or the estimated value of the land and the house proposed to be erected thereon or of the land and the existing house thereon shall be deemed to be a reference to the cost or the estimated value (as the case may be) of the proposed or existing house alone:
Provided also that every mortgage to which any of those sections applies of any such lease shall be for a period expiring at least 12 months before the expiration of the term of the leasehold interest (in the case of a terminating lease), or at least 12 months before the expiration of the current term in the case of a renewable lease.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 569 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
570 Extending lending powers of financial institutions
-
[Repealed]
Notwithstanding any rule of law or any statutory or other provision to the contrary, any financial institution may advance money (including trust funds) by way of mortgage on the terms and conditions prescribed in or under sections 563 to 569 of this Act—
(a) On the security of an estate in fee simple in any land and the house to be erected thereon or existing thereon to an amount which does not (after deduction therefrom of the money payable to the insurance fund under this Part of this Act) exceed nine-tenths of the total estimated value of the land and of the proposed house (when erected thereon) or of the land and the existing house (when purchased, improved, or converted), as the case may be:
(b) On the security of any lease granted under this Part of this Act of land purchased or taken or otherwise acquired under this Part of this Act for subdivision into building allotments and the house to be erected or existing on the land comprised in the lease to an amount which does not (after deduction therefrom of the money payable to the insurance fund under this Part of this Act) exceed nine-tenths of the total estimated value of the proposed house (when erected thereon) or of the land and the existing house (when purchased, improved, or converted), as the case may be.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 570 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
571 Insurance fund
-
[Repealed]
(1) To provide a fund for insuring the council against losses arising out of mortgages to which the provisions of sections 563 to 569 of this Act relate, the council may require the financial institution to deduct from the principal money to be advanced to the mortgagor upon any such mortgage so much thereof as may be the equivalent of one-hundredth of the remainder of the principal money after that deduction, and to pay the amount so deducted to the council.
(2) Every sum so deducted and paid to the council shall, for the purpose of the mortgage and of any agreement or guarantee relating thereto, be deemed to have been paid to the mortgagor, and all sums so deducted and paid to the council shall become the property of the council and shall form part of a special fund (in this Part of this Act called an insurance fund), which shall be invested, held, and applied by the council as an insurance to the council against losses arising out of mortgages to which the aforesaid sections relate.
(3) The council may use for the purposes of sections 550 to 570 of this Act so much of the money in any such insurance fund as from time to time exceeds the amount which represents the contingent liability of the council for losses which may arise from the aforementioned mortgages.
(4) Every insurance fund shall be deemed to be a special fund within the meaning of section 208 of this Act, and that section shall apply accordingly.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 571 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Commercial and industrial development
572 Development, sale, or lease of land and buildings for commercial or industrial purposes
-
[Repealed]
(1) This section applies to—
(a) Any land or building within the district purchased by the council by agreement with the owner for commercial or industrial purposes:
(b) Any land or building owned by the council for the general purposes of the district, and not held for any particular purpose:
(c) Any land or building held by the council on trust or endowment unless the subdivision, development, sale, or lease of the land or building is prohibited by the terms of the trust or endowment.
(2) Subject to the Resource Management Act 1991, the council may from time to time, in respect of any land to which this section applies,—
(a) Subdivide the land into suitable allotments for commercial or industrial purposes:
(b) Erect or alter buildings for commercial or industrial purposes:
(c) Construct roads and other works and provide services so that the land and buildings may be used for commercial or industrial purposes:
(d) Generally develop the land for commercial or industrial purposes.
(3) The council may sell or lease any land to which this section relates or any building on that land on such terms as it considers proper to any person desiring to use the land or building for commercial or industrial purposes.
(4) The Public Bodies Leases Act 1969 shall not apply to any lease granted under subsection (3) of this section.
(5) Subject to sections 230 and 231 of this Act, the council may sell or lease any land or building that it has purchased for commercial or industrial purposes to any person for any other purpose on such terms as it considers proper, if it considers the land or building to be unsuitable for use for commercial or industrial purposes, or to be in excess of its requirements for those purposes.
(6) Sections 40 to 42 of the Public Works Act 1981 shall not apply to the sale of any land under this section.
(7) All money received by the council from the sale or lease of land or buildings in respect of which the powers conferred by this section are exercised shall be paid into a bank account and credited to the Housing and Property Account.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 572 was substituted, as from 29 April 1985, by section 35 Local Government Amendment Act 1985 (1985 No 60).
Subsection (2) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“Subject to the Resource Management Act 1991”
for the words“Subject to Part 20 of this Act”
.Section 572 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Miscellaneous provisions
573 Validity of documents and resolutions
-
[Repealed]
(1) Every agreement or guarantee entered into or purporting to be entered into by the council under any of the provisions of sections 563 to 569 of this Act shall, notwithstanding any non-compliance with any of the provisions of this Act, be valid and binding upon the council according to its tenor.
(2) Every resolution of the council to advance money under section 563 of this Act shall, notwithstanding any non-compliance with any of the provisions of this Act, be conclusive evidence of the authority of the council to make the advance.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 573 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
574 Borrowing powers of council
-
[Repealed]
(1) [Repealed]
(2) The failure of the council to raise money under any provision of this Part of this Act, or the insufficiency of any such money if raised, shall not in any way prejudice or affect the rights, powers, or remedies of any financial institution against the council under any document purporting to be executed under any of the provisions of this Part of this Act.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 574 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
575 Registration of agreements for sale
-
[Repealed]
(1) Notwithstanding anything to the contrary in the Land Transfer Act 1952, an agreement for sale under section 554 or section 572 of this Act (or the corresponding provisions of any former Act) may be registered under the Land Transfer Act 1952 against the title of the council to the land, in the same manner as a lease may be so registered.
(2) Where the District Land Registrar is satisfied that any such agreement has not been executed in duplicate, he may accept as a duplicate of the agreement a copy of the agreement duly authenticated to his satisfaction as a true copy, and every such authenticated copy shall, for the purposes of Part 3 of the Land Transfer Act 1952, be deemed to be a duplicate of the agreement.
(3) Where any such agreement has been registered as aforesaid, every transfer, mortgage, lease, transmission, and other disposition of the land comprised therein may be registered in the same manner as a similar transfer, mortgage, lease, transmission, or disposition of a registered lease.
(4) The same fee shall be payable on the registration of any transfer, mortgage, lease, transmission, or other disposition of the land comprised in any such agreement as on the registration of a similar transfer, mortgage, lease, transmission, or other disposition of an estate in fee simple in land.
(5) The registration of any such agreement or of any assignment or other disposition thereof shall have the same effect in conferring priority of title as against any unregistered right, title, or interest, as if it were the registration of a transfer or other disposition of the legal estate in the land:
Provided that registration shall not be necessary for the validity, either at law or in equity, of any such agreement or any assignment or other disposition thereof.
(6) Where the council rescinds any such agreement which has been registered under this section, it may send a notice of rescission to the District Land Registrar, who, without further notice or inquiry and without fee, shall enter a memorial thereof upon the register.
(7) Where the purchaser's estate or interest under any such registered agreement is subject to any registered encumbrance, lien, or other interest, the District Land Registrar, before registering the purchaser as the proprietor of an estate in fee simple in the land, shall make all entries necessary to record on the certificate of title every existing registered encumbrance, lien, and interest, in the order of their registered priority; and the purchaser's estate or interest in the land shall be subject to every such encumbrance, lien, and interest as if it had been created in respect of that estate.
Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 575 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 33
Farming and afforestation
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Farming
575A Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires, council means a territorial authority.
Section 575A was inserted, as from 1 July 1992, by section 53 Local Government Amendment Act 1992 (1992 No 42).
Section 575A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
575B Regional councils
-
[Repealed]
(1) A regional council may undertake farming operations under section 576 of this Act and may establish, tend, and utilise forests under section 577 of this Act only where the undertaking of farming operations or the establishment, tending, or utilisation of forests is necessary for the proper management of land acquired or retained in the exercise of some other function of the regional council.
(2) Where a regional council exercises any of the powers conferred on it by subsection (1) of this section, sections 576 to 586 of this Act shall, with all necessary modifications, apply in relation to that regional council as if it were a council within the meaning of this Part of this Act.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 575B was inserted, as from 1 July 1992, by section 54 Local Government Amendment Act 1992 (1992 No 42).
Section 575B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
576 Power to undertake farming operations
-
[Repealed]
(1) Subject, in the case of any reserve under the Reserves Act 1977, to that Act, the council may undertake farming operations (including the establishment of agricultural schools or model farms) on land vested in or under control of the council (whether within or outside the district):
Provided that, except in the case of land on which the council is carrying on farming operations at the commencement of this Part of this Act, the council shall not carry on farming operations on any land pursuant to this subsection except as a secondary use of land that is used or is to be used by the council for some other principal or primary purpose.
(2) The council shall have all such powers as may be reasonably necessary or expedient to enable it to carry out the proper and efficient management of its farming operations, other than the power to acquire land (whether under the Public Works Act 1981 or not), and in particular it may from time to time—
(a) Use or develop any such land for farming purposes, for administrative, industrial, residential, or storage uses in connection with its farming operations or any farm produce, or for providing access:
(b) Acquire and utilise livestock, seed, plants, fertiliser, agricultural machinery, and all other materials and implements necessary for farming operations.
(3) The council may sell or otherwise dispose of the produce of any farming operations undertaken under this section.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 576 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Forestry
577 Power to establish, tend, and utilise forests
-
[Repealed]
(1) Subject, in the case of any reserve under the Reserves Act 1977, to that Act, the council may establish, tend, and utilise forests.
(2) The council shall have all such powers as may be reasonably necessary or expedient to enable it to carry out its powers under this section, and in particular it may from time to time—
(a) Prepare and carry out forest surveys, including surveys necessary for the demarcation of forests, for working plans, for land utilisation, for soil conservation, for soil stabilisation, and for timber assessment:
(b) Acquire land under section 247F of this Act:
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(c) Use and develop land for—
(i) The establishment, culture, growth, protection, maintenance, and management of trees and other plants:
(ii) Administrative, industrial, residential, or storage uses in connection with any such forestry undertaking or any forest produce:
(iii) Providing access:
(iv) The carrying on of farming operations incidental to the management and operation of any such forestry undertaking:
(v) The conservation of water:
(vi) The stabilisation of soil:
(vii) Amenity purposes, including scientific purposes or such recreational purposes as are consistent with the proper use, management, and utilisation of any land used for any such forestry undertaking:
(d) Make provision for the establishment, culture, growth, protection, maintenance, and management of trees and other plants:
(e) Take such steps as may in its opinion be necessary or desirable for the prevention and control of fire, including for those purposes the purchase and maintenance of livestock:
(f) To the extent compatible with the principal or primary purpose of the land, maintain the value as a soil or water conservation area of any land used for any such forestry undertaking.
(3) In the exercise of the powers conferred by this section, the council may from time to time—
(a) Sell or otherwise dispose of any trees, logs, tree seeds, firewood, or other forest produce or pastoral produce or livestock:
(b) Establish and carry on any operations or industry relating to the felling, cutting, extraction, removal, conversion, manufacture, transport, distribution, or sale of timber, tree seeds, firewood, forest produce, or finished products derived from forest produce, and may construct, purchase, rent, lease, or hire any buildings, machinery, or plant required in connection with the operations or industry:
(c) [Repealed]
(d) Take such steps as it considers necessary (including the taking or otherwise acquiring and holding of shares) in order to be a qualifying shareholder of a co-operative forestry company under the Co-operative Forestry Companies Act 1978.
(4) Nothing in this Part of this Act shall derogate from any powers for forestry purposes conferred on the council by any other Act.
(5) Anything done by the council in relation to forestry before the commencement of this section which would have been lawful if this section and sections 578 to 586 of this Act had been in force when the thing was done is hereby validated and declared to have been lawfully done.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2)(b) was substituted, as from 6 June 1989, by section 33 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (3)(b) was substituted, as from 14 August 1986, by section 11 Local Government Amendment Act (No 3) 1986 (1986 No 50).
Subsection (3)(c) was repealed, as from 14 August 1986, by section 8(2)(d) Local Government Amendment Act (No 3) 1986 (1986 No 50).
Section 577 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
578 Management plans
-
[Repealed]
(1) The council may from time to time prepare management plans for forestry purposes in respect of forestry operations undertaken or to be undertaken by the council, and every such management plan shall regulate the management of the land used for such purposes for such periods as may be stated on the plan in that behalf.
(2) Every management plan shall specify with respect to the period thereof—
(a) The silvicultural operations to be carried out; and
(b) The maximum area from which forest produce may be disposed of or the maximum quantity of forest produce that may be disposed of, or both, as the council thinks fit; and
(c) The protection and development operations to be carried out; and
(d) Such other matters as the council thinks fit.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 578 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
579 Licences to take forest produce
-
[Repealed]
(1) Subject to this Part of this Act, the council may grant licences to take forest produce from any land on which it has established a forest under this Part of this Act on such terms and conditions as it thinks fit.
(2) A licence to take forest produce may confer on the licensee rights over the land specified in the licence for the purpose of obtaining, removing, and processing such timber and other forest produce as may be specified in the licence.
(3) Any such licence may confer on the licensee exclusive rights in respect of the produce specified in the licence, or may confer on the licensee rights in respect of such produce to be exercisable in common with any other licensee or licensees.
(4) Every such licence shall be granted subject to the payment by the licensee of such royalties, rent, charges, or other fees as may be fixed by the council.
(5) All forest produce obtained under the authority of such a licence and not removed from the area to which the licence applies within 30 days after the expiry of the licence or any renewal thereof shall be forfeited to the council, and may be disposed of by the council in accordance with this Part of this Act.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 579 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
580 Permits for temporary occupation
-
[Repealed]
(1) Subject to this Part of this Act, the council may from time to time grant permits for the temporary occupation of any land held for forestry purposes on such terms and conditions as it thinks fit.
(2) Such a permit may confer on the holder the right to enter on the land specified in the permit and to do all such things as may be specified in the permit, not being prejudicial to forestry or to the rights conferred on any person by any licence under this Part of this Act.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 580 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
581 Licences for grazing and other purposes
-
[Repealed]
(1) Subject to this Part of this Act, the council may from time to time grant, in respect of any land on which it has established a forest under this Part of this Act, licences for all or any of the following purposes:
(a) Grazing and other agricultural purposes:
(b) Sites for sawmills, timber depots, tramways, and incidental purposes:
(c) Sites for tents, buildings, and dwellings:
(d) Sites for industrial purposes:
(e) Such other purposes as the council thinks fit.
(2) Every such licence shall be granted subject to the payment by the licensee of such rent, charges, or other fees, and subject to such conditions, as may be determined from time to time by the council.
(3) Nothing in this section shall derogate from any power of the council to grant a lease of any such land.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 581 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
582 Improvements effected by licensee
-
[Repealed]
(1) Except where the licence otherwise provides, no compensation shall be payable to a licensee on the expiry or prior termination of any licence granted under section 581 of this Act for any improvements effected on the land to which the licence relates; but, subject to subsection (2) of this section, the licensee shall be entitled at any time, before or within 3 months after the expiry of the licence, to remove any buildings, plant, machinery, or fences constructed or acquired by him, or to dispose of them to an incoming licensee.
(2) Subject to any provision of the licence, the council shall have the right at any time within the last year of the licence to notify the licensee that the council intends, on the expiry of the licence, to purchase any such buildings, plant, machinery, or fences at a price to be fixed by agreement between the council and the licensee or, in default of agreement, by arbitration; and in any such case the buildings, plant, and machinery shall on the expiry of the licence become the property of the council, and shall not be removed from the land by the licensee.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 582 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
583 Forfeiture of licences and permits
-
[Repealed]
Every licence or permit granted under this Part of this Act shall be liable to forfeiture on default, for a period to be specified in the licence or permit, in the payment of any royalties, rent, charges, or fees payable thereunder, or for any breach or non-observance by the holder of any of the provisions of this Part of this Act or of any bylaws made thereunder or of the terms and conditions of the licence or permit.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 583 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
584 Grants for research
-
[Repealed]
The council may from time to time make grants for the purpose of giving assistance towards research or investigation in respect of matters relating to the forestry industry and generally for the purpose of encouraging the adoption of measures designed to promote the greater efficiency of that industry.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 584 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
585 Grants for destruction of pests or weeds
-
[Repealed]
In addition to the amounts authorised to be paid by the council under section 584 of this Act, the council may in any year pay to any organisation engaged in research into forestry or silviculture for the purpose of receiving assistance in the destruction of forest pests or weeds, or in respect of any other matter likely to assist the council in administering with greater efficiency any of its forest land, such sums as the council may from time to time determine.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 585 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
586 Forest bylaws
-
[Repealed]
Subject to this Act, and without limiting the power of the council to make bylaws conferred by section 684 of this Act, the council may from time to time make such bylaws as it thinks fit for the purpose of regulating the subject-matter of sections 577 to 583 of this Act, and in particular for protecting from damage, injury, or misappropriation any property, whether real or personal, belonging to the council or controlled by the council for the purposes of sections 577 to 583 of this Act, whether within or outside the district.
Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 586 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 34
Public services
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
586A Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires, council means a territorial authority.
Section 586A was inserted, as from 1 July 1992, by section 55 Local Government Amendment Act 1992 (1992 No 42).
Section 586A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Conveyance of passengers and goods
587 Territorial authority may establish services for conveyance of passengers and goods
-
[Repealed]
(1) Subject to Part 34B of this Act and to Part 2 of the Transport Services Licensing Act 1989, a territorial authority—
(a) May establish, maintain, and regulate services for the conveyance of passengers only or of passengers and goods; or
(b) May contribute out of the general revenues of the district to any such service established or maintained by any person or company or by any other local authority.
(2) [Repealed]
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 November 1989, by section 4(1)(a) Local Government Amendment Act (No 4) 1989 (1989 No 76) by inserting the expression
“Part 34B of this Act and to”
.Subsection (1)(a) was amended, as from 1 November 1989, by section 4(1)(b) Local Government Amendment Act (No 4) 1989 (1989 No 76) by omitting the words
“(whether within the district or between any place in the district and any place outside the district)”
.Subsection (1) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110) by substituting the words
“Part 2 of the Transport Services Licensing Act 1989”
for the words“Part 7 of the Transport Act 1962”
.Subsection (2) was repealed, as from 1 April 1993, by section 28(1) Railway Safety and Corridor Management Act 1992 (1992 No 111).
Section 587 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
588 Territorial authority may establish ferry services
-
[Repealed]
(1) Subject to Part 34B of this Act and to Part 2 of the Transport Services Licensing Act 1989, a territorial authority may establish ferry services between termini within or partly within and partly outside the district, and may purchase or take on hire vessels and hovercraft for that purpose.
(2) The powers conferred by this section may be exercised jointly by any 2 or more territorial authorities whose districts are benefited by any such service.
(3) For the purposes of this section a terminus shall be deemed to be within a district if it is on, or in the close vicinity of, the boundaries of the district.
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 November 1989, by section 4(2) Local Government Amendment Act (No 4) 1989 (1989 No 76) by inserting the expression
“Part 34B of this Act and to”
.Subsection (1) was further amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110) by substituting the words
“Part 2 of the Transport Services Licensing Act 1989”
for the words“Part 7 of the Transport Act 1962”
.Section 588 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
589 Person carrying on transport or ferry service may sell undertaking to territorial authority
-
[Repealed]
(1) Any person operating any transport service for the carriage of passengers only or passengers and goods or any ferry service (being a transport service or ferry service of a kind that the territorial authority would be authorised to establish under section 587, or, as the case may be, section 588 of this Act) may, subject to Part 34B of this Act, sell and transfer to a territorial authority, and the territorial authority may purchase and accept the transfer, on such terms as may be agreed on, all the rights, powers, and privileges and all or any of the land, premises, works, vehicles, ferries, hovercraft, equipment, licences, and other property of that person, but subject to all the liabilities attached to the same at the time of transfer, and subject also, in the case of the transfer of any licence issued under Part 2 of the Transport Services Licensing Act 1989, to the provisions of that Part.
(2) Subject to Part 34B of this Act and to Part 2 of the Transport Services Licensing Act 1989, a territorial authority may acquire and dispose of any right or interest in any service for conveying passengers only or passengers and goods to and from any place within the district, or any part thereof, or partly within and partly outside the district, and may operate, maintain, and regulate any such service alone or in conjunction with any other person or persons, including any authority or company.
(3) A territorial authority shall have the power to purchase, acquire, subscribe for, hold, and dispose of the whole or any part of the shares in any company carrying on or providing, or being established to carry on or provide, a service for conveying passengers only or passengers and goods within the district or any part thereof, or partly within and partly outside the district and, while the territorial authority holds any such shares in any such company, the following provisions shall apply, notwithstanding anything to the contrary in any Act or rule of law, but subject to Parts 34A and 34B of this Act:
-
(a) The territorial authority may exercise all the rights, powers, and remedies vested in the shareholders by—
(i) The Companies Act 1955 or by the memorandum of association or the articles of association of any such company; or
(ii) The Companies Act 1993 or by the constitution of any such company,—
as the case may be, for the purpose of conducting the business and affairs of the company in accordance with and subject to the provisions of this Part of this Act and of disposing of such shares and of dissolving or putting the company into liquidation:
(b) Officers or members of the territorial authority or any nominee or nominees of the territorial authority shall be capable of being appointed as and remaining as directors of any such company:
(c) The income derived by any such company in which all the shares are held by or on behalf of the territorial authority, as and from the date on which the territorial authority acquired all of the shares, shall be deemed for all purposes to become the income of the territorial authority:
(d) despite sections 196 to 203 of the Companies Act 1993, every such company in which the territorial authority has an interest is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor:.
(e) Any such company shall be deemed to have power to transfer the whole or any part of its property or undertaking to the territorial authority, with or without consideration, but no such transfer shall operate to affect the rights existing at the time of transfer of any creditor of any such company, whether secured or unsecured, and such rights shall if necessary enure against the territorial authority.
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 November 1989, by section 4(3)(a) Local Government Amendment Act (No 4) 1989 (1989 No 76) by inserting the words
“, subject to Part 34B of this Act,”
.Subsection (2) was amended, as from 1 November 1989, by section 4(3)(b) Local Government Amendment Act (No 4) 1989 (1989 No 76) by inserting the words
“Part 34B of this Act and to”
.Subsections (1) and (2) were further amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110) by substituting the words
“Part 2 of the Transport Services Licensing Act 1989”
for the words“Part 7 of the Transport Act 1962”
.Subsection (3) was amended, as from 1 November 1989, by section 4(3)(c) Local Government Amendment Act (No 4) 1989 (1989 No 76) by inserting the words
“, but subject to Parts 34A and 34B of this Act”
.Subsection (3)(a) was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
Subsection (3)(d) was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by inserting the words
“or the Companies Act 1993, as the case may be,”
.Subsection (3)(d) was substituted, as from 1 July 2001, by section 48 Public Audit Act 2001 (2001 No 10).
Section 589 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
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Vehicle-testing stations
590 Vehicle-testing stations
-
[Repealed]
A territorial authority may provide and operate vehicle-testing stations for the testing of motor vehicles for the issue under the Land Transport Act 1998 of evidence of vehicle inspection, and for that purpose may—
(a) Take, purchase, or otherwise acquire any land or building in or near to the district:
(b) Erect or utilise any building on any land that may lawfully be appropriated for the purpose:
(c) Take all such steps as the territorial authority thinks necessary to adapt for use as a vehicle-testing station any building that it may acquire or utilise under this section:
(d) Equip with all necessary plant and machinery any building that it may erect or acquire or utilise under this section.
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 590 was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110) by substituting the words
“under the Land Transport Act 1998 of evidence of vehicle inspection”
for the words“pursuant to the Transport Act 1962 of warrants of fitness pursuant to regulations made under section 77(1)(g) of that Act and certificates of fitness and permits pursuant to regulations made pursuant to section 143(1) of that Act”
.Section 590 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Parking places and buildings and transport stations
591 Provision of parking places and buildings and transport stations
-
(1) The council may provide parking places and buildings and transport stations, and for that purpose may—
(a) Take, purchase, or otherwise acquire any land or buildings or erect any buildings in or near to the district:
(b) Utilise any land or buildings that may lawfully be appropriated for the purpose:
(c) Take all such steps as the council thinks necessary to adapt for use as a parking place or building or transport station any land or building that it may acquire or utilise under this section:
(d) Authorise the use as a parking place or transport station of any part of a road:
(e) Appoint any place or any road or any specified part of any place or road as a transport station for the exclusive use of vehicles engaged in any passenger service or goods service or any other transport service:
(2) The council shall not authorise the use of any part of a road as a parking place or transport station so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by any person entitled to the use thereof, or so as to be a nuisance.
(3) The exercise by the council of its power under this section with respect to the use of any part of a road shall not render it subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle.
(4) Except as provided in bylaws made pursuant to section 591A of this Act or as provided in subsection (2) of that section, no part of a road may be appointed as a parking place available only to a specified person or to a specified class of persons or to vehicles owned or operated by a specified person or by specified classes of persons.
(5) The council may, in the exercise of its power of leasing and letting under Part 14 of this Act, let or lease to any person for use as a parking place or transport station any parking place or transport station provided by it (not being part of a road).
(6) In this section—
Parking place means a place (including a building) where vehicles, or any class of vehicles, may wait
Transport station means a place where transport-service vehicles, or any class of transport-service vehicles, may wait between trips,—
and each of those expressions includes all necessary approaches and means of entrance to and egress from any such place, and all such buildings, ticket offices, waiting rooms, cloak rooms, structures, appliances, and other facilities as the council considers to be necessary or desirable for the efficient use of that place for the purpose for which it is provided and the collection of charges in relation to that use.
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) proviso was repealed, as from 1 July 1992, by section 56 Local Government Amendment Act 1992 (1992 No 42).
591A Bylaws as to parking places and transport stations
-
(1) Without limiting the power to make bylaws conferred by section 684 of this Act, the council may make such bylaws as it thinks fit as to the use of parking places and transport stations, and in particular—
(a) As to the vehicles or classes of vehicles that may be entitled to use any parking place or transport station:
(b) Reserving any specified parking place or transport station for use, either generally or at specified times, only by members of the judiciary, medical practitioners, members of the diplomatic corps or consular corps, or disabled persons as defined in section 2 of the Disabled Persons Community Welfare Act 1975:
-
(c) Where in the council's opinion it would be reasonable to reserve parking places or transport stations for the use of persons residing in the vicinity, reserving specified parking places or transport stations for use, either generally or at specified times, only by such persons, and providing for payment to the council of fees, whether annual or otherwise, fixed by the bylaws for the use by such persons of such parking places or transport stations:
Provided that such fees shall not exceed the reasonable cost to the council of the service involved in granting a permit to park in any such parking place or transport station, the collection of the fees, or otherwise in relation to the reserving of any such parking place or transport station:
(d) Prohibiting or restricting parking (being the stopping or standing of a vehicle for a period in excess of that specified in the bylaws) on specified roads or part of roads in residential areas by specified classes of vehicles (not being motorcars or motor cycles as defined in subsection (5)), either generally or at specified times, where in the council's opinion such parking is likely to cause a nuisance or danger:
(e) As to the conditions upon or subject to which any parking place or transport station may be used:
(f) As to charges to be paid to the council in connection with the use of any parking place or transport station, as measured by parking meters or in any other manner specified in the bylaws:
(g) The removal from parking places or transport stations or roads of vehicles using the same in breach of the bylaws, and requiring the payment of the reasonable cost of such removal.
(2) Where pursuant to subsection (1) of this section any specified parking place or transport station has been appointed for the use of vehicles plying for hire or otherwise available for hire for the carriage of passengers or goods or for the use of any specified kind of such vehicles or for the use of vehicles used for any specified public purpose, the council may from time to time, by resolution publicly notified, limit that parking place or transport station or any specified part thereof to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes.
(3) Where any parking place or transport station has been so limited to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes, no person in charge of any other vehicle shall allow that vehicle to stand in that parking place or transport station.
(4) In this section the terms
“parking place”
and transport station have the same meanings as in section 591(6) of this Act.(5) In this section,—
Motorcar—
(a) Means a motor vehicle (other than a motor cycle or moped) designed exclusively or principally for the carriage of persons not exceeding 9 in number inclusive of the driver; and
(b) Includes a motor vehicle which is designed principally for the carriage of passengers but which has rear doors and collapsible rear seats:
Motor cycle—
(a) Means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a side car; and
(b) Includes any vehicle with motor cycle controls that has an engine cylinder capacity exceeding 50 cubic centimetres or has a maximum speed exceeding 50 kilometres per hour; but
(c) Does not include a moped.
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1)(d) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110), by substituting the words
“subsection (5)”
for the words“section 2 of the Transport Act 1962”
.Subsection (5) was inserted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110).
592 Territorial authority may guarantee loans for parking buildings or parking spaces
-
[Repealed]
(1) For the purpose of enabling any person to obtain funds required by that person for the erection of a parking building or the construction of a parking space on land in the district, a territorial authority may from time to time guarantee the repayment of the whole or any part of any money so borrowed by that person for that purpose and the payment of interest or any part of the interest on any money so borrowed.
(2) Where a territorial authority becomes liable to make any payment under such guarantee as aforesaid, it may make the payment out of the general revenues of the district or out of any money borrowed under this section.
(3) For the purpose of providing funds to enable it to make any payment for which it becomes liable pursuant to this section, or for the purpose of refunding to the general revenues of the district any money paid thereout under this section, the territorial authority may borrow money under Part 7B of this Act.
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
This section was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 592 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Information centres and public relations offices
593 Council may operate information centres and public relations offices
-
[Repealed]
(1) The council may establish, operate, and maintain such information centres and public relations offices as are necessary to promote the advancement and development of the district, or of any area or areas whose advancement or development would or might tend to benefit the district, and to educate and instruct the public concerning activities and amenities of the district or of any such area or areas.
(2) Without limiting the generality of subsection (1) of this section, the council may, as part of the activities of any such information centre or public relations office,—
(a) Buy and sell maps, postcards, photographic transparencies, films, souvenirs, and gift items:
(b) Act as agent within the district for the sale of fishing licences, for the sale of tickets for scenic tours and flights and other recreational amenities, and for the hiring out of boats, and receive commissions for so doing:
(c) Act as agent within the district for the proprietors of accommodation houses of any kind within the district for the booking of accommodation and receive from such proprietors a fee for so doing:
(d) Let advertising space in any information centre or public relations office established under this section, and in any handbooks, abstracts, or other publications published by the council under section 602 of this Act, and receive payment therefor.
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 593 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Public relations and public information
593A Power of regional council to engage in public relations and public information activities
-
[Repealed]
A regional council may engage in such public relations and public information activities as are necessary for the effective and efficient performance of its functions, duties, and powers.
Sections 593A and 593B and the preceding headings were inserted, as from 1 July 1992, by section 57 Local Government Amendment Act 1992 (1992 No 42).
Section 593A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Promotion of tourism
593B Tourism
-
[Repealed]
A regional council may, with the consent of all the territorial authorities whose districts are wholly or partly within the region, fund and co-ordinate the promotion of tourism within the region.
Sections 593A and 593B and the preceding headings were inserted, as from 1 July 1992, by section 57 Local Government Amendment Act 1992 (1992 No 42).
Section 593B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Camping ground accommodation
594 Council may operate camping grounds, cabins, huts, and motels
-
[Repealed]
(1) The council may, subject to any conditions or restrictions of any nature relating to the land concerned and if not inconsistent with the purposes (if any) for which the land is held, establish and maintain on any land under the control of the council camping grounds, cabins, huts, and motels, and conveniences and amenities for use by persons occupying those camping grounds, cabins, huts, or motels.
(2) The council may fix charges for the use of those camping grounds, cabins, huts, motels, conveniences, and amenities.
(3) Without limiting the generality of subsection (1) of this section, the powers conferred by that subsection shall include power for the council to provide or hire to or for the use of persons occupying any camping ground, cabin, hut, or motel—
(a) Toilet, kitchen, bathroom, or laundry facilities, for the exclusive use of the occupants of any part of that camping ground or any cabin, hut, or motel, or for the use of those occupants in common with the occupants of other parts of the camping ground or other cabins, huts, or motels:
(b) Services of a direct personal nature, whether by way of meals or food or otherwise:
(c) Linen, blankets, crockery, cutlery, or cooking utensils:
(d) Swimming pools, spa pools, equipment, and devices for the entertainment or amusement of the occupants of the camping ground, cabins, huts, or motels.
(4) Notwithstanding the restrictions in subsection (1) of this section, but subject to subsection (5) of this section in the case of any land that is a reserve within the meaning of the Reserves Act 1977, the council may exercise the powers conferred by this section in respect of any land held by it for the purposes of a pleasure ground.
(5) Nothing in this section shall authorise the establishment or maintenance of any camping ground, cabin, hut, motel, conveniences, or amenity on any reserve within the meaning of the Reserves Act 1977 otherwise than in accordance with that Act.
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 594 was substituted, as from 14 August 1986, by section 12 Local Government Amendment Act (No 3) 1986 (1986 No 50).
Section 594 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 34A
Local authority trading enterprises and divestment of undertakings
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 34A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594A Commencement
-
[Repealed]
This Part of this Act shall come into force on the 1st day of November 1989.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594B Definition of local authority trading enterprise
-
[Repealed]
(1) In this Part of this Act, the term local authority trading enterprise—
-
(a) Means—
-
(i) A company in which equity securities carrying 50% or more of the voting rights at a meeting of the shareholders of the company are—
(A) Held by 1 or more local authorities; or
(B) Controlled, directly or indirectly, by 1 or more local authorities; or
-
(ii) An organisation that—
(A) Operates a trading undertaking with the intention or purpose of making a profit; and
(B) Is subject to significant control, directly or indirectly, by 1 or more local authorities; but
-
-
(b) Does not include—
(i) [Repealed]
(ii) Any port company or subsidiary of a port company within the meaning of the Port Companies Act 1988; or
(iia) Any energy company within the meaning of the Energy Companies Act 1992, including any company or other entity that is deemed, by section 78 or section 81 of that Act, to be an energy company for the purposes of sections 36, 37, 39 to 46, 85, 87, and 88 of that Act; or
(iii) Any energy supply operation to which section OC 2 of the Income Tax Act 1994 applies; or
(iv) The New Zealand Local Government Association Limited; or
(v) Any company or any other organisation (as defined in subsection (2) of this section) of which the New Zealand Local Government Association Limited has control directly or indirectly by any means whatsoever.
(1A) [Repealed]
(2) For the purposes of subsection (1)(a)(ii) of this section,—
Organisation means any partnership, trust, arrangement for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or other similar arrangement; but does not include a company or a committee or joint committee of a local authority
Significant control means, in relation to an organisation,—
(a) Control of 50 percent or more of the votes at any meeting of the members or controlling body of the organisation; or
(b) The right to appoint half or more of the trustees, directors, or managers (howsoever described) of the organisation,—
whether or not jointly with other local authorities or persons.
(3) Where any local authority trading enterprise is not a company,—
(a) References in this Part of this Act to equity securities include, in relation to that enterprise, any form of voting rights in that enterprise; and
(b) References in this Part of this Act to the directors and the directorate include, in relation to that enterprise, trustees, managers, or office holders (howsoever described) of that enterprise.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1)(a) was substituted, as from 1 April 1999, by section 2(1) Local Government Amendment Act 1999 (1999 No 11).
Subsection (1)(a)(iii) was amended, as from 1 April 1992, by section 64(1) Income Tax Amendment Act (No 2) 1992 (1992 No 14) by substituting the word
“or”
for the word“but”
, and by inserting subparagraph (iv).Subsection (1)(b)(i) was repealed, as from 1 July 2000, by section 2 Local Government Amendment Act (No 5) 1996 (1996 No 96). See clause 2 Local Government Amendment Act (No 5) 1996 Commencement Order 1999 (SR 1999/276).
Subsection (1)(b)(ii) was amended, as from 1 April 1999, by section 2(2) Local Government Amendment Act 1999 (1999 No 11) by inserting, after the words
“port company”
the words“or subsidiary of a port company”
.Subsection (1)(b)(iia) was inserted, as from 1 July 1992, by section 89A Energy Companies Act 1992 (1992 No 56) (as inserted by section 10 Energy Companies Amendment Act 1992 (1992 No 123).
Subsection (1)(b)(iii) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words
“section OC 2 of the Income Tax Act 1994”
for the words“section 197C of the Income Tax Act 1976”
.Subsection (1)(b)(iv) and (v) and subsection (1A) inserted, as from 1 September 1992, by section 58(2) and (3) Local Government Amendment Act 1992 (1992 No 42). See regulation 2 Local Government Amendment Act Commencement Order 1992 (SR 1992/214).
Subsection (1A) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words
“section 3 of the Tax Administration Act 1994”
for the words“section 2 of the Inland Revenue Department Act 1974”
.Subsection (1A) was repealed, as from 1 April 1999, by section 2(3) Local Government Amendment Act 1999 (1999 No 11).
Subsection (2) was amended, as from 1 April 1992, by section 64(2) Income Tax Amendment Act (No 2) 1992 (1992 No 14) by substituting the expression
“subparagraphs (iii) and (iv) of subsection (1)(a)”
for the expression“subsection (1)(a)(iii)”
.Subsection (2) was amended, as from 10 September 1999, by section 8 Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words
“subparagraphs (iii) and (iv) of subsection (1)(a) of this section”
, and substituting the expression“subsection (1)(a)(ii)”
.Subsection (2)(a) was amended, as from 1 April 1999, by section 2(4)(a) Local Government Amendment Act 1999 (1999 No 11) by omitting from the definition of
“significant control”
the figure“30”
and substituting the figure“50”
. Subsection (2)(b) was also amended by section 2(4)(b) by inserting in the definition of“significant control”
, after the word“appoint”
, the words“half or more of the”
.Section 594B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
594C Transfer of existing undertaking to local authority trading enterprise where local authorities have majority interest
-
[Repealed]
Any local authority may transfer any existing undertaking to a local authority trading enterprise in which 50 percent or more of the equity securities that carry voting rights at any general meeting of the enterprise are to be held by or on behalf of the local authority or other local authorities that are similarly transferring activities to the enterprise.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594D Transfer of existing undertaking to local authority trading enterprise or other entity in which local authority will not have majority interest
-
[Repealed]
(1) Any local authority may transfer any existing undertaking to a local authority trading enterprise or any other entity in which that local authority will not hold shares that carry 50 percent or more of the voting rights at any general meeting of the enterprise or entity.
(2) Where a local authority proposes to exercise the power conferred on it by subsection (1) of this section, that local authority may deal with the proposal only in accordance with the special consultative procedure.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594E Prohibition on transfer of regulatory functions
-
[Repealed]
No local authority shall transfer or attempt to transfer any regulatory function to any local authority trading enterprise, whether or not that function is ordinarily carried out in conjunction with any undertaking that is being or has been so transferred.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594F Reduction of interest in local authority trading enterprise
-
[Repealed]
(1) Where any local authority that holds equity securities that carry 50 percent or more of the voting rights at any general meeting of a local authority trading enterprise—
(a) Proposes to reduce its shareholding with the effect that it no longer holds 50 percent or more of those voting rights; or
(b) Proposes to take any action or not to take any action with the effect that it would no longer hold 50 percent or more of those rights,—
the local authority may deal with the proposal only in accordance with the special consultative procedure.
(2) Where any local authority that holds equity securities that carry voting rights at any general meeting of a local authority trading enterprise in which other local authorities also hold such securities proposes—
(a) To reduce its holding with the effect that 50 percent or more of such rights would no longer be held by local authorities; or
(b) To take any action or not to take any action with the effect that 50 percent or more of such rights would no longer be held by local authorities,—
the local authority may deal with the proposal only in accordance with the special consultative procedure.
(3) Nothing in this section shall apply in respect of any local authority trading enterprise whose equity securities are listed on a registered exchange's market (within the meaning of section 2(1) of the Securities Markets Act 1988)]].
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (3) was amended, as from 1 December 2002, by section 30 Securities Markets Amendment Act 2002 (2002 No 44) by substituting the words
“a registered exchange's market (within the meaning of section 2(1) of the Securities Markets Act 1988)”
for the words“the New Zealand Stock Exchange”
.Section 594F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594G Listing on Stock Exchange only after special consultative procedures followed
-
[Repealed]
Where any local authority trading enterprise proposes to seek listing of its equity securities on any stock exchange, the local authority trading enterprise may do so only after every local authority that holds any equity securities in the local authority trading enterprise has considered the proposal in accordance with the special consultative procedure.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594G was amended, as from 1 December 2002, by section 30 Securities Markets Amendment Act 2002 (2002 No 44) by substituting the words
“any stock exchange”
for the words“the New Zealand Stock Exchange (or any other stock exchange)”
.Section 594G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594H Ability to hold equity securities in local authority trading enterprises
-
[Repealed]
For the avoidance of doubt it is hereby declared that the Crown and any local authority may subscribe for, otherwise acquire, hold, and dispose of equity securities of any local authority trading enterprise.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Establishment procedures
594I Establishment units
-
[Repealed]
(1) Every local authority that proposes to transfer any undertaking to any local authority trading enterprise shall constitute and adequately fund an establishment unit, which shall comprise such persons as the local authority considers appropriate, having regard to the functions of the establishment unit.
(2) Each local authority is hereby authorised, and shall be deemed always to have been authorised, to constitute, reconstitute, fund, and, after implementation of the establishment plan or divestment plan, to dissolve, an establishment unit.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594J Function of establishment units
-
[Repealed]
(1) Subject to sections 594N and 594O of this Act, the principal function of each establishment unit shall be to prepare and agree upon an establishment plan with the local authority, and, in so doing,—
(a) To identify with reasonable precision the undertaking that is to be transferred to the local authority trading enterprise:
(b) To value any such undertaking or determine a method for its valuation:
(c) To determine the price that should be paid or the method for determining the price that should be paid by the local authority trading enterprise for any such undertaking and the extent to which the price should be met by the issue of equity securities and debt securities to the local authority from which the undertaking is to be transferred:
(d) To specify the debt securities required to be issued pursuant to section 594ZI of this Act:
(e) To prepare in draft form a memorandum of association, articles of association, and statement of corporate intent for each local authority trading enterprise:
(f) To determine the best manner in which, and time within which, any undertaking of the local authority should be transferred to any local authority trading enterprise:
(g) To determine a fair and equitable system for the transfer of appropriate employees from the local authority to the local authority trading enterprise (but without making determinations in respect of individual employees).
(2) Each establishment unit shall have such other functions, powers, and duties as are conferred or imposed upon it by or under this Act or any other Act or as are necessary for the proper establishment of an efficient local authority trading enterprise.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594K Establishment plan
-
[Repealed]
The establishment unit shall submit to the local authority and make available to the public an establishment plan which shall include recommendations relating to the matters specified in section 594J of this Act and shall similarly make available to the public any subsequent reports of the establishment unit on those matters.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594L Application of Local Government Official Information and Meetings Act 1987
-
[Repealed]
The Local Government Official Information and Meetings Act 1987 shall apply in respect of every establishment unit as if it were a territorial authority.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594M Establishment unit where more than one local authority involved
-
[Repealed]
Where there is a proposal—
(a) That more than one local authority transfer undertakings to a local authority trading enterprise; or
(b) That on the formation of a local authority trading enterprise the equity securities be held by more than one local authority,—
the local authorities concerned shall jointly constitute and fund the establishment unit and the unit may be reconstituted as appropriate from time to time.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594N Power of establishment unit in relation to divestment plan
-
[Repealed]
(1) If in the course of preparing an establishment plan the establishment unit concludes that the local authority should divest itself of all or part of the undertaking concerned, it shall prepare a divestment plan, which it shall submit to the local authority and make available to the public.
(2) The divestment plan shall—
(a) Identify any undertaking of the local authority which, in the opinion of the establishment unit, should be divested:
(b) Value any such undertaking or determine a method for valuation:
(c) Determine the price that should be paid or the method for determining the price that should be paid for any such undertaking:
(d) Determine the best manner in which, and time within which, any such undertaking should be divested:
(e) Make such other recommendations as are necessary for the divestment in a prudent and businesslike manner of any such undertaking.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594O Power of local authority in relation to divestment of undertakings
-
[Repealed]
(1) Any local authority may divest itself completely of any undertaking or part of an undertaking without first, constituting an establishment unit, forming a local authority trading enterprise, or transferring the undertaking to any such enterprise.
(2) If a local authority proposes to divest itself of any undertaking that it regards as significant, it may deal with the proposal only in accordance with the special consultative procedure.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594AO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594P Effect of establishment unit determinations and recommendations
-
[Repealed]
(1) No local authority shall be obliged to give effect to the determinations and recommendations of any establishment unit under this Act.
(2) Where an establishment unit has made a determination or recommendation in relation to any matter and the local authority by which that unit was constituted proposes to depart in a significant respect from that determination or recommendation, that local authority may deal with that proposal only in accordance with the special consultative procedure.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Principal objective of local authority trading enterprise
594Q Principal objective to be successful business
-
[Repealed]
(1) The principal objective of a local authority trading enterprise is to operate as a successful business.
(2) Operating as a successful business includes—
(a) achieving the objectives of its shareholders, both commercial and non-commercial, as specified in the statement of corporate intent; and
(b) being a good employer; and
(c) exhibiting a sense of social and environmental responsibility by having regard to the interests of the community in which it operates and by endeavouring to accommodate or encourage these when able to do so.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594Q was substituted, as from 15 December 2001, by section 7 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).
Section 594Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594QA Scope of operation of local authority trading enterprises that are passenger transport companies or that may receive payments for land transport related projects
-
[Repealed]
(1) Without limiting the powers of any other local authority trading enterprise, any passenger transport company (as defined in section 594ZQ of this Act) that is a local authority trading enterprise may carry out any activity, whether within or outside the district of any territorial authority that holds shares in the company and whether or not for the benefit of the inhabitants of any such district or the public generally, that is an activity that is ordinarily carried out by companies that are not local authority trading enterprises and are engaged in passenger transport.
(2) Without limiting the powers of any other local authority trading enterprise, any local authority trading enterprise to which payments may be made under the authority of section 27(3) of the Transit New Zealand Act 1989 may carry out any activity, whether within or outside the region or district of any local authority that holds shares in the company and whether or not for the benefit of the inhabitants of any such region or district or the public generally, that is an activity that is ordinarily carried out by companies that are not local authority trading enterprises and are engaged in activities similar to those undertaken by the local authority trading enterprise.
Section 594QA was inserted, as from 1 November 1989, by section 3 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Subsection (2) was amended, as from 1 July 1996, by section 29 Transit New Zealand Amendment Act 1995 (1995 No 42) by substituting the expression
“section 27(3)”
for the expression“section 20(3)”
.Section 594QA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594R Directors and their role
-
[Repealed]
(1) The directors of a local authority trading enterprise shall be persons who, in the opinion of those appointing them, will assist the local authority trading enterprise to achieve its principal objective.
(2) At least 2 of the members of the directorate of every local authority trading enterprise shall be persons who are neither—
(a) Members of any local authority; nor
(b) Persons employed by any local authority.
(3) All decisions relating to the operation of a local authority trading enterprise shall be made by or pursuant to the authority of the directorate of the local authority trading enterprise in accordance with its statement of corporate intent (if any).
(4) For the avoidance of doubt it is hereby declared that no director of a local authority trading enterprise is, by virtue of holding that office, a statutory officer within the meaning of the Local Government Official Information and Meetings Act 1987.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594AR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Statement of corporate intent
594S Statement of corporate intent
-
[Repealed]
The directorate of every local authority trading enterprise shall deliver to its shareholders a draft statement of corporate intent not later than 1 month after the commencement of each financial year of the local authority trading enterprise.
Compare: 1986 No 124 s 14(1)
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594T Contents of statement of corporate intent
-
[Repealed]
Each statement of corporate intent shall specify for the group comprising the local authority trading enterprise and its subsidiaries (if any), and in respect of the financial year in which it is delivered and each of the immediately following 2 financial years, the following information:
(a) The objectives of the group:
(b) The nature and scope of the activities to be undertaken:
(c) The ratio of consolidated shareholders' funds to total assets, and definitions of those terms:
(d) The accounting policies:
(e) The performance targets and other measures by which the performance of the group may be judged in relation to its objectives:
(f) An estimate of the amount or proportion of accumulated profits and capital reserves that is intended to be distributed to the shareholders:
(g) The kind of information to be provided to the shareholders by the local authority trading enterprise during the course of those financial years, including the information to be included in each half-yearly report:
(h) The procedures to be followed before any member of the group subscribes for, purchases, or otherwise acquires shares in any company or other organisation:
(i) Any activities for which the directorate seeks compensation from any local authority (whether or not the local authority has agreed to provide such compensation):
(j) The directorate's estimate of the commercial value of the shareholders' investment in the group and the manner in which, and the times at which, the value is to be reassessed:
(k) Such other matters as are agreed by the shareholders and the directorate.
Compare: 1986 No 124 s 14(2); 1988 No 91 s 9
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594U Completion of statement of corporate intent
-
[Repealed]
The directorate—
(a) Shall consider any comments on the draft statement of corporate intent that are made to it within 2 months of the commencement of the financial year by the shareholders or any of them; and
(b) Shall deliver the completed statement of corporate intent to the shareholders within 3 months of the commencement of the financial year.
Compare: 1986 No 124 s 14(3); 1988 No 91 s 10
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594V Modifications of statement of corporate intent
-
[Repealed]
(1) A statement of corporate intent for a local authority trading enterprise may be modified at any time by written notice from the directorate, so long as the directorate has first—
(a) Given written notice to the shareholders of the proposed modification; and
-
(b) Considered any comments made on the proposed modification by the shareholders or any of them within—
(i) One month after the date on which the notice under paragraph (a) of this subsection was given; or
(ii) Such shorter period as the shareholders may agree.
(2) Notwithstanding any other provision of this Act or of the memorandum of association or articles of association of any local authority trading enterprise, but subject to section 594X of this Act, the shareholders may from time to time, by resolution, require the directorate to modify the statement of corporate intent by including or omitting any provision or provisions of a kind referred to in paragraphs (a) to (i) of section 594T of this Act; and any directorate to whom such a notice is given shall comply with the notice.
(3) Before giving any notice under subsection (2) of this section, the shareholders shall—
(a) Have regard to sections 594Q and 594Z of this Act; and
(b) Consult the directorate concerned as to the matters to be referred to in the notice.
Compare: 1986 No 124 s 14(4); 1988 No 91 s 11
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594W Obligation to make statement of corporate intent available
-
[Repealed]
Every completed statement of corporate intent and every modification that is adopted to a statement of corporate intent shall be made available to the public by the directorate within 1 month after the date on which it is delivered to the shareholders or adopted, as the case may be.
Compare: 1988 No 91 s 12
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594W was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594X Circumstances in which statement of corporate intent not required
-
[Repealed]
Upon the listing of the shares of a local authority trading enterprise on a registered exchange's market (within the meaning of section 2(1) of the Securities Markets Act 1988), the local authority trading enterprise shall no longer be required to comply with sections 594S to 594W of this Act and the current statement of corporate intent shall cease to be of continuing effect.
Compare: 1988 No 91 s 13
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594X was amended, as from 1 December 2002, by section 30 Securities Markets Amendment Act 2002 (2002 No 44) by substituting the words
“a registered exchange's market (within the meaning of section 2(1) of the Securities Markets Act 1988)”
for the words“the New Zealand Stock Exchange”
.Section 594X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594Y Savings of certain transactions
-
[Repealed]
A failure by a local authority trading enterprise to comply with—
(a) Any provision of sections 594S to 594W of this Act; or
(b) Any provision contained in any statement of corporate intent,—
shall not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the local authority trading enterprise.
Compare: 1986 No 124 s 21; 1988 No 91 s 15
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594Z Reports and accounts
-
[Repealed]
(1) Within 2 months after the end of the first half of each financial year of a local authority trading enterprise, the directorate of the local authority trading enterprise shall deliver to the shareholders a report of its operations during that half-year.
(2) Each report required by subsection (1) of this section shall include the information required by the statement of corporate intent to be included therein.
(3) Within 3 months after the end of each financial year of the local authority trading enterprise, the directorate shall deliver to the shareholders and make available to the public—
(a) A report of the operations of the local authority trading enterprise and those of its subsidiaries during the financial year; and
(b) Audited consolidated financial statements for that financial year in respect of the local authority trading enterprise and its subsidiaries; and
-
(c) The auditor's report on—
(i) Those financial statements; and
(ii) The performance targets and other measures by which performance has been judged in relation to the objectives.
(4) The audited consolidated financial statements under subsection (3)(b) of this section shall be prepared in accordance with generally accepted accounting practice and consist of—
(a) A statement of financial position; and
(b) [Repealed]
(c) An overall operating statement; and
(d) One operating statement in respect of each significant activity; and
(e) A statement of cash flows; and
(f) Such other statements as may be necessary to fairly reflect the financial position of the local authority trading enterprise and its subsidiaries, the resources available to them, and the financial results of their operations.
(5) Every report under subsection (3)(a) of this section shall—
(a) Contain such information as is necessary to enable an informed assessment of the operations of the local authority trading enterprise and its subsidiaries, including a comparison of the performance of the local authority trading enterprise and its subsidiaries with any relevant statement of corporate intent; and
(b) State the maximum dividend (if any) recommended to be payable by the local authority trading enterprise in respect of its equity securities (other than fixed interest securities) for the financial year to which the report relates.
Compare: 1986 No 124 s 15; 1988 No 91 s 16
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (4)(b) was repealed, as from 1 July 1992, by section 59 Local Government Amendment Act 1992 (1992 No 42).
Subsection (4) was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by inserting the words
“be prepared in accordance with generally accepted accounting practice and”
.Section 594Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZA Protection from disclosure of sensitive information
-
[Repealed]
Nothing in this Act shall be construed as requiring the inclusion in any statement of corporate intent, annual report, financial statement, or half-yearly report required to be produced under this Act of any information that could be properly withheld if the Local Government Official Information and Meetings Act 1987 applied to local authority trading enterprises and a request for that information were made under that Act.
Compare: 1986 No 124 s 20; 1988 No 91 s 17
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZB Public availability of documents
-
[Repealed]
Where any local authority or local authority trading enterprise is required under this Part of this Act to make any document available to the public, it shall—
(a) Make sufficient copies of that document available for public inspection, free of charge, at the offices and libraries of the local authority and the registered office of the local authority trading enterprise; and
-
(b) Make sufficient copies of that document available for purchase at a reasonable price during normal office hours at—
(i) The offices of the local authority; and
(ii) The registered office of the local authority trading enterprise; and
(c) Notify by advertisement, in a newspaper circulating in every district of a local authority whose electors are electors of any local authority that holds equity securities in the local authority trading enterprise, the fact that copies are so available.
Compare: 1988 No 91 s 35
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZC Auditor-General to be auditor of local authority trading enterprises and subsidiaries
-
[Repealed]
Despite sections 196 to 203 of the Companies Act 1993, every local authority trading enterprise and every subsidiary of every local authority trading enterprise is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsections (1) and (3) were substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
Section 594ZC was substituted, as from 1 July 2001, by section 49 Public Audit Act 2001 (2001 No 10).
Section 594ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZD Application of Act to related and associated companies
-
[Repealed]
Sections 594Q to 594ZC of this Act shall apply to every company that is—
(a) A related company (within the meaning of subsections (5) and (6) of section 2 of the Companies Act 1955 or subsections (3) and (4) of section 2 of the Companies Act 1993, as the case may be) to a local authority trading enterprise; or
(b) A company that consists substantially of the same shareholders as the local authority trading enterprise, or is under the control of the same persons—
as if that company were a local authority trading enterprise within the meaning of this Act.
Compare: 1988 No 91 s 20
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZD(a) was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
Transfers of undertakings
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZE Transfer of leases, licences, etc, to local authority trading enterprises
-
[Repealed]
(1) A local authority may grant to any local authority trading enterprise in which it holds equity securities, any lease, licence, easement, permit, or interest of any kind in relation to any undertaking transferred by the local authority or any other local authority to the local authority trading enterprise.
(2) Notwithstanding anything in any enactment or rule of law, property that is fixed to, or under or over, any land may be transferred pursuant to this Act by a local authority to a local authority trading enterprise in which it holds equity securities, whether or not any interest in the land is also transferred. Where any such property is so transferred, the property and the land shall be regarded as separate property each capable of separate ownership.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZF Modification of provisions of Public Works Act 1981
-
[Repealed]
Nothing in sections 40 to 42 of the Public Works Act 1981 shall apply to the transfer of land to a local authority trading enterprise pursuant to this Act, but sections 40 and 41 of that Act shall, after the transfer, apply to that land as if the local authority trading enterprise were a local authority and the land had not been transferred pursuant to this Act.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZG Obligation to lodge caveat
-
[Repealed]
(1) The rights of persons from whom land was acquired and their successors to have land offered to them under section 40(2) of the Public Works Act 1981 shall be deemed to be interests in land for the purposes of section 137 of the Land Transfer Act 1952, and the local authority that transfers the land to a local authority trading enterprise pursuant to this Act is hereby authorised to lodge, and shall lodge, an appropriate caveat.
(2) In stating, in a caveat lodged pursuant to subsection (1) of this section, the interest claimed by the caveator, it shall be sufficient, for the purposes of section 138 of the Land Transfer Act 1952, to refer to sections 40 to 42 of the Public Works Act 1981 and this section.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZH Exclusion of Public Bodies Leases Act 1969
-
[Repealed]
Nothing in the Public Bodies Leases Act 1969 shall apply to any lease granted by a local authority to a local authority trading enterprise in which the local authority holds equity securities.
Compare: 1988 No 91 s 28
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZI Liabilities in respect of undertakings
-
[Repealed]
(1) Where any undertaking is to be transferred to a local authority trading enterprise, the liabilities of the local authority that relate to the undertaking shall be identified by the local authority and the person or persons to whom the liabilities are owed.
(2) In the absence of agreement between the local authority and the person or persons to whom the liabilities are owed as to the extent of the liabilities of the local authority that relate to the undertaking, the matter shall be referred to arbitration under the Arbitration Act 1908, with one arbitrator to be appointed by each party and an umpire to be appointed by those arbitrators before entering upon their reference.
(3) The liabilities so identified shall remain liabilities of the local authority except to the extent of any written agreement to the contrary between all of the following:
(a) The local authority:
(b) The local authority trading enterprise:
(c) The person or persons to whom the liability is owed:
(d) Any guarantor of the liability.
(4) The directorate and members of the local authority trading enterprise shall ensure that sufficient debt securities are issued by the local authority trading enterprise to the local authority as will ensure that the local authority receives from the local authority trading enterprise funds sufficient to meet the liabilities that it is to retain and that relate to the undertaking transferred to the local authority trading enterprise.
Compare: 1988 No 91 s 29
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZJ Certain matters not affected by transfer of undertaking to local authority trading enterprise
-
[Repealed]
No transfer of any undertaking of a local authority to a local authority trading enterprise in which the local authority holds equity securities—
(a) Shall be regarded as placing the local authority, the local authority trading enterprise, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) Shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or
(c) Shall be regarded as placing the local authority, the local authority trading enterprise, or any other person in breach of any contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or
(d) Shall release any surety wholly or in part from all or any obligation; or
(e) Shall invalidate or discharge any contract or security,—
unless there is in force an express commitment by the local authority that the undertaking will not be transferred to any such local authority trading enterprise.
Compare: 1986 No 129 s 6(g); 1988 No 91 s 30
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZK Consequential provisions on transfer of undertaking to local authority trading enterprise
-
[Repealed]
(1) Where any undertaking is transferred from a local authority to a local authority trading enterprise in which the local authority holds equity securities, thenceforth—
(a) A reference (express or implied) to the local authority in any Act or instrument relating to the undertaking shall be read and construed as a reference to the local authority trading enterprise:
(b) All contracts, agreements, conveyances, deeds, leases, licences, and other instruments, undertakings, and notices, (whether or not in writing) relating to the undertaking entered into by, made with, given to or by, or addressed to the local authority (whether alone or with any other person) subsisting immediately before the transfer shall, to the extent that they were previously binding on and enforceable by, against, or in favour of the local authority, be binding on and enforceable by, against, or in favour of the local authority trading enterprise as fully and effectually in every respect as if, instead of the local authority, the local authority trading enterprise had been the person by whom they were entered into, with whom they were made, or to or by whom they were given or addressed, as the case may be.
(2) For the purposes of this section, an Act, instrument, contract, agreement, conveyance, deed, lease, licence, or other instrument or undertaking or notice shall be deemed to be related to the undertaking if it is acknowledged by both the local authority and the local authority trading enterprise as being so related.
(3) Nothing in this section shall apply in respect of the liabilities of the local authority in relation to any undertaking except as may be necessary to give effect to any agreement referred to in section 594ZI(3) of this Act.
Compare: 1986 No 129 s 6(a), (b); 1988 No 91 s 31; s 1988 No 141 5
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZL Stamp duty exemption
-
[Repealed]
Compare: 1988 No 91 s 37
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZL was repealed, as from 20 May 1999, by section 7 Stamp Duty Abolition Act 1999 (1999 No 61).
594ZM Application of Income Tax Act 1994 and Goods and Services Tax Act 1985
-
[Repealed]
(1) Nothing in section CD 1 of the Income Tax Act 1994 shall apply in respect of any land or asset disposed of by a local authority to a local authority trading enterprise pursuant to an establishment plan.
(2) For the purposes of section CD 1 of the Income Tax Act 1994, where any land or asset is acquired by a local authority trading enterprise from a local authority pursuant to an establishment plan, that land or asset shall be deemed to have been acquired by the local authority trading enterprise on the date on which it was acquired by that local authority.
(3) Nothing in sections EG 17(1) and EZ 11 of the Income Tax Act 1994 shall apply in respect of any property acquired by a local authority trading enterprise from a local authority pursuant to an establishment plan.
(4) For the purposes of the Goods and Services Tax Act 1985, every transfer of an undertaking from a local authority to a local authority trading enterprise pursuant to an establishment plan shall be deemed to be the transfer of a part of a taxable activity as a going concern that is capable of separate operation.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (1) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words
“section CD 1 of the Income Tax Act 1994”
for the words“section 67 or section 129 of the Income Tax Act 1976”
.Subsection (2) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words
“section CD 1 of the Income Tax Act 1994”
for the words“sections 67 and 129 of the Income Tax Act 1976”
.Subsection (3) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words
“section EG 17 of the Income Tax Act 1994”
for the words“section 111 of the Income Tax Act 1976”
.Subsection (3) was amended, as from 23 September 1997, by section 2 Local Government Amendment Act (No 2) 1997 (1997 No 78) by substituting the expression
“EG 17(1) and EZ 11”
for the expression“EG 17”
.Section 594ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZN Uses deemed to be permitted uses
-
[Repealed]
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZN was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“deemed to be a permitted activity under the Resource Management Act 1991 until the next completion of the review of the district plan or appropriate part of the district plan, and thereafter the status of that use shall be as provided from time to time in or under the district plan”
for the words“deemed to be a use permitted as of right under the Town and Country Planning Act 1977 until the next completion of the review of the district scheme or appropriate part of the district scheme, and thereafter the status of that use shall be as provided from time to time in or under the district scheme”
.Section 594ZN was repealed, as from 7 July 1993, by section 226(7) Resource Management Amendment Act 1993 (1993 No 65).
594ZO Exclusion
-
[Repealed]
Nothing in this Part of this Act authorises a local authority to transfer to a local authority trading enterprise, or to divest itself of, any company of a kind mentioned in section 594B(1)(b) of this Act.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZP Prohibition on guarantees, etc
-
[Repealed]
No local authority shall give any guarantee, indemnity, or security in respect of the performance of any obligation by a local authority trading enterprise.
Part 34A, comprising sections 594A to 594ZP, was inserted, as from 1 November 1989, by section 34(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 594ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
594ZPA Restriction on lending to local authority trading enterprise
-
[Repealed]
No local authority shall lend money to, or provide any other financial accommodation to, a local authority trading enterprise on terms and conditions that are more favourable to the local authority trading enterprise than those that would apply if the local authority were (without charging any rate or rate revenue as security) borrowing the money or obtaining the financial accommodation.
Section 594ZPA was inserted, as from 27 July 1996, by section 6 Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 594ZPA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 34B
Transport-related enterprises and divestment of undertakings
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZQ Interpretation
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Land Transport Account: this definition was repealed, as from 1 July 1996, by section 29 Transit New Zealand Amendment Act 1995 (1995 No 42).
National Roads Account: this definition was inserted, as from 1 July 1996, by section 29 Transit New Zealand Amendment Act 1995 (1995 No 42).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZR Local authority not to conduct passenger transport operation
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Subsection (1) was amended, as from 1 July 1992, by section 3(1) Local Government Amendment Act (No 2) 1992 (1992 No 71) by inserting the words
“but subject to subsections (3) and (4) of this section,”
.Subsections (3) to (5) were inserted, as from 1 July 1992, by section 3(2) Local Government Amendment Act (No 2) 1992 (1992 No 71).
Subsection (5) was amended, as from 1 July 1996, by section 29 Transit New Zealand Amendment Act 1995 (1995 No 42) by substituting the words
“National Roads Account”
for the words“Land Transport Fund”
.Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZS Directors of passenger transport companies, etc
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Section 594ZS was substituted, as from 28 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZT Passenger transport companies incorporated before commencement of this Part
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZU Regional council not to have interest in passenger transport undertaking or operation
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Section 594ZU was substituted, as from 28 June 1991, by section 2 Local Government Amendment Act (No 2) 1991 (1991 No 58).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZUA Unitary authority not to have interest in passenger transport undertaking or operation after 30 June 1992
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZV Divestment units
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Subsection (1) was substituted, as from 28 June 1991, by section 3 Local Government Amendment Act (No 2) 1991 (1991 No 58).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZW Function of divestment units
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Paragraph (a) was substituted, as from 28 June 1991, by section 4(1) Local Government Amendment Act (No 2) 1991 (1991 No 58).
Paragraphs (b), (d) and (e) were amended, as from 28 June 1991, by section 4(2) Local Government Amendment Act (No 2) 1991 (1991 No 58) by substituting the words
“securities, interests, and undertakings”
for the words“interests, undertakings, and operations”
.Paragraph (a) was amended, as from 28 June 1991, by section 4 Local Government Amendment Act (No 2) 1991 (1991 No 58) by inserting the words
“securities or”
in two places.Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZX Divestment plan
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZY Sale to territorial authorities
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Subsection (1)(a) was amended, as from 28 June 1991, by s.5 Local Government Amendment Act (No 2) 1991 (1991 No. 58) by substituting the words
“securities, interests, and undertakings”
for the words“interests, undertakings, and operations”
.Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZ Application of Local Government Official Information and Meetings Act 1987
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZA Determination and approval of regional council divestment plan
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Subsection (5)(a) and (5)(b) was amended, as from 28 June 1991, by section 6 Local Government Amendment Act (No 2) 1991 (1991 No 58) by substituting the words
“security, interest, or undertaking”
for the words“interest, undertaking or operation”
.Subsection (10) was amended, as from 28 June 1991, by section 6 Local Government Amendment Act (No 2) 1991 (1991 No 58) by substituting the words
“security, interest, or undertaking”
for the words“interest, undertaking or operation”
.Subsection (13) was amended, as from 1 July 1996, by section 29 Transit New Zealand Amendment Act 1995 (1995 No 42) by substituting the words
“Transfund New Zealand”
for the words“Transit New Zealand”
.Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZB Passenger transport interests, undertakings, and operations to be sold
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Section 594ZZB was amended, as from 28 June 1991, by section 7 Local Government Amendment Act (No 2) 1991 (1991 No 58) by substituting the words
“securities, interests, and undertakings”
for the words“interests, undertakings, and operations”
.Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZC Duty to act in furtherance of objects of this Part of Act
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Subsection (1)(a) was amended, as from 28 June 1991, by section 8(1) Local Government Amendment Act (No 2) 1991 (1991 No 58) by inserting the words
“securities and”
.Subsection (1)(c) was amended, as from 28 June 1991, by section 8(2) Local Government Amendment Act (No 2) 1991 (1991 No 58) by substituting the words
“securities and undertakings”
.Subsection (2)(a) was amended, as from 28 June 1991, by section 8(3) Local Government Amendment Act (No 2) 1991 (1991 No 58) by inserting the words
“securities or”
.Subsection (3) was amended, as from 28 June 1991, by section 8(1) Local Government Amendment Act (No 2) 1991 (1991 No 58) by inserting the words
“securities and”
.Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZD Regional council not to enter into contracts
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Subsections (1) and (2) were amended, as from 28 June 1991, by section 9 Local Government Amendment Act (No 2) 1991 (1991 No 58) by substituting the words
“holds or conducts any securities, interests, or undertakings to which section 594ZU(2) of this Act applies”
for the words“is not in compliance with the provisions of section 594ZU of this Act”
.Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZE Public availability of documents
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZF Financial assistance from Land Transport Account suspended
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Subsection (1) was amended, as from 1 July 1996, by section 29 Transit New Zealand Amendment Act 1995 (1995 No 42) by substituting the words
“National Roads”
for the words“Land Transport”
.Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZG Financial assistance to be identified
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Section 594ZZG was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZH Repayment of financial assistance
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Subsection (3) was inserted, as from 1 July 1992, by section 6 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZI Control of local authority powers in relation to passenger transport operations
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZJ Supply of information
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
594ZZK Uses deemed to be permitted uses
-
[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was inserted, as from 1 November 1989, by section 2 Local Government Amendment Act (No 4) 1989 (1989 No 76).
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
Part 35
Public health and well-being
Part 35, comprising sections 595 to 597, was inserted by section 2 Local Government Amendment Act 1979 (1979 No 59).
595 General powers of territorial authority with respect to public health and well-being
-
[Repealed]
A territorial authority may do all things necessary from time to time for the preservation of the public health and well-being and for carrying into effect the provisions of the Health Act 1956 so far as they apply to the district.
Part 35, comprising sections 595 to 597, was inserted by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 595 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
596 Particular powers of territorial authority with respect to public health and well-being
-
[Repealed]
(1) In order to provide for the health and well-being of the public, a territorial authority may—
(a) Take, purchase, or otherwise provide and maintain land and buildings, within or outside the district, to be used as, or for the purpose of, mortuaries, rest rooms, creches, nurseries, and other like public amenities:
(b) Lay out, improve, and plant any such land, and provide the same with all materials and equipment of any kind whatever necessary for the full use of the land for the purpose for which it is acquired:
(c) Furnish any such buildings with all such things as the territorial authority thinks fitting for the purpose for which it is acquired or provided:
(d) Fix reasonable charges to be paid for the use of any such land or buildings.
(2) A territorial authority may make grants of money, or make advances upon such terms and conditions as it thinks fit (including, if the council thinks fit, a condition that the advance is to be free of interest), or grant leases of land at such rental, for such term, and on such conditions as it thinks fit, to the trustees or other governing authority of any body (whether incorporated or not), whether within or outside the district, which is not conducted for private profit and the object or principal object of which is to establish, maintain, control, aid, or carry on any of the following:
(a) Dental clinics, creches, district nurses, or any branch of the Royal New Zealand Society for the Health of Women and Children, or other body formed for the object of conserving the public health or well-being of the community or tending the sick or injured:
(b) Generally any purpose of public health or well-being, or of improving or developing such public amenities.
(3) The Public Bodies Leases Act 1969 shall not apply to any lease granted under subsection (2) of this section.
(4) In addition to all such powers as aforesaid, a territorial authority may, with the consent of the trustees or other governing body of any such body as aforesaid, assume control of any institution conducted by that body and acquire the property thereof, and those trustees and governing authorities are hereby authorised to give that consent and to transfer that property to the territorial authority.
(5) A territorial authority may from time to time, by deed or other instrument and subject to such terms and conditions as it thinks fit, guarantee the repayment of any money (including any interest payable on that money) advanced to any incorporated association or body of persons not carried on for private profit whose object or principal object or one of whose principal objects is to establish, maintain, control, conduct, aid, or carry on generally, whether within or outside the district, any purpose of public health or well-being or of improving or developing public amenities for such purposes.
(6) Where a territorial authority becomes liable to make any payment under any such guarantee as aforesaid, it may make the payment out of the general revenues of the district or out of any money borrowed under this section.
(7) For the purpose of paying any amount payable by the territorial authority in respect of any guarantee given by it under subsection (5) of this section, or for the purpose of refunding to the general revenues of the district any money paid thereout under this section, the territorial authority may borrow money under Part 7B of this Act.
Part 35, comprising sections 595 to 597, was inserted by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (5) was amended, as from 1 April 1980, by section 45(1) Local Government Amendment Act 1980 (1980 No 82) by inserting the words
“(including any interest payable on that money)”
.Subsection (7) was amended, as from 17 June 1986, by section 11(1) Local Authorities Loans Amendment Act 1986 (1986 No 22) by substituting the word
“electors”
for the word“ratepayers”
.Subsection (7) was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 596 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
597 Medical practitioners' surgeries
-
[Repealed]
(1) A territorial authority may from time to time, with the approval of the Medical Officer of Health,—
(a) Cause a medical practitioner's surgery to be erected on any land belonging to or held on lease by the territorial authority (whether within or outside the district):
(b) Make provision for a medical practitioner's surgery in any building erected or acquired by the territorial authority (whether within or outside the district).
(2) A territorial authority may take, purchase, or otherwise acquire any land (whether within or outside the district), for the purpose of erecting or providing a medical practitioner's surgery pursuant to subsection (1) of this section.
(3) The territorial authority may let any such medical practitioner's surgery to any medical practitioner or university or district health board or voluntary health organisation or the Crown on such tenancy or lease, at such rent, for such term, and upon such conditions, as it thinks fit.
(4) The Public Bodies Leases Act 1969 shall not apply to any tenancy or lease granted under this section.
(5) For the purposes of this section the term medical practitioner's surgery includes a health centre, a medical clinic, a medical teaching practice, an ante-natal clinic, a post-natal clinic, and a family planning centre.
Part 35, comprising sections 595 to 597, was inserted by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (3) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting the words
“or area health board”
.Subsection (3) was amended, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) by substituting the words
“or Crown health enterprise”
for the words“or area health board or hospital board”
.Subsection (3) was amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the words
“hospital and health service”
for the words“Crown health enterprise”
.Subsection (3) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the words
“district health board”
for the words“hospital and health service”
.Section 597 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 36
Recreation and community development
Part 36 (comprising sections 598 to 621) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
597A Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires, council means a territorial authority.
Section 597A was inserted, as from 1 July 1992, by section 60(1) Local Government Amendment Act 1992 (1992 No 42).
Section 597A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
598 Council may promote community welfare
-
[Repealed]
(1) The council may, either singly or jointly with any other local authority or any other organisation or group or body of persons (whether incorporated or not), undertake, promote, and encourage the development of such services and facilities as it considers necessary in order to maintain and promote the general well-being of the public and may promote or assist in promoting co-operation in and co-ordination of welfare activities in the district.
(2) Without limiting the generality of subsection (1) of this section, the council may under that subsection—
(a) Take, purchase, or otherwise acquire or provide land and buildings, and furnish and equip any such buildings and maintain, develop, and improve any such land or buildings:
(b) Meet the cost of any such expenses as may be necessary for the establishment, management, and maintenance of community welfare services or activities:
(c) Prepare and publish posters, abstracts, and other material in connection with welfare services and activities:
(d) Undertake or facilitate the undertaking by other local authorities or other organisations or groups or bodies of persons (whether incorporated or not) of appropriate programmes, activities, research, or surveys.
(3) The council may make such charges (if any) as it thinks fit for any services, facilities, or equipment provided pursuant to this section.
(4) The council may—
(a) Make grants of money, or make advances on such terms and conditions as it thinks fit (including, if a council thinks fit, a condition that the advance is to be free of interest), or grant leases of land at such rental and for such term and on such conditions as it thinks fit, to any organisation or group or body of persons (whether incorporated or not) whose object or principal object is conserving or promoting the welfare of the community or of any members of the community:
(b) By deed or other instrument, and subject to such terms and conditions as it thinks fit, guarantee the repayment of any money (including any interest payable on that money) advanced to any such organisation or group or body.
(5) Where the council becomes liable to make any payment under any such guarantee as aforesaid, it may make the payment out of the general revenues of the district or out of any money borrowed under this section.
(6) For the purpose of providing funds to enable it to make any payment for which it becomes liable in respect of any guarantee given by it pursuant to subsection (4) of this section, or for the purpose of refunding to the general revenues of the district any money paid thereout under this section, the council may borrow money under Part 7B of this Act.
(7) In addition to all such powers as aforesaid, the council may, with the consent of the trustees or other governing authority of any such organisation or group or body, assume control of any institution conducted by that organisation or group or body and acquire the property thereof, and those trustees and governing authorities are hereby authorised to give that consent and to transfer that property to the council.
(8) The Public Bodies Leases Act 1969 shall not apply to any tenancy or lease granted under this section.
Part 36 (comprising sections 598 to 621) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (4)(b) was amended, as from 1 April 1980, by section 45(2) Local Government Amendment Act 1980 (1980 No 82) by inserting the words
“(including any interest payable on that money)”
.Subsection (6) was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 598 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
599 Council may maintain public baths, swimming baths, and bath houses
-
[Repealed]
(1) The council may provide and maintain public baths, swimming baths, and bath houses (either within or outside the district), and may purchase or otherwise provide all such land, buildings, appliances, and conveniences as are necessary to enable the inhabitants of the district to use and enjoy those baths and bath houses, with or without any charge for the same, and under such rules for the decent, orderly, and healthful use thereof as the council by any bylaws in that behalf from time to time directs.
(2) The council shall cause to be put up in every such bath or bath house a printed copy of the bylaws affecting the use thereof.
Part 36 (comprising sections 598 to 621) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 599 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
600 Public baths, swimming baths, and bath houses to be subject to bylaws
-
[Repealed]
All public baths or swimming baths or bath houses under the control of the council or open to the public, with or without charge (whether existing at the commencement of this Part of this Act or established after that commencement and whether within or outside the district), shall be deemed to be within the jurisdiction of the council for the purpose of making bylaws for the maintenance of order and decency at those baths, swimming baths, or bath houses, whether or not they were established by the council.
Part 36 (comprising sections 598 to 621) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 600 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
601 Powers of council in relation to recreation and community development
-
[Repealed]
(1) The council may, either singly or jointly with any other local authority or any other organisation or group or body of persons (whether incorporated or not), undertake, promote, and encourage the development of such services, facilities, amenities, and programmes as it considers necessary to provide for the recreation, amusement, and instruction of the public, and the provision or improvement or development or maintenance of amenities for the public.
(2) Without limiting the generality of subsection (1) of this section or any other powers of the council, whether under this Act or any other enactment, the council may under that subsection—
(a) Take, purchase, or otherwise acquire or provide land and buildings within or outside the district, and furnish and equip any such buildings and maintain, improve, or develop any such land or building:
(b) Meet the cost of any such expenses as may be necessary for the establishment, management, and maintenance of recreational and educational services and activities and entertainment:
(c) Undertake or facilitate the undertaking by other local authorities or other organisations or groups or bodies of persons (whether incorporated or not) of appropriate programmes, activities, research, or surveys:
(d) Facilitate in any way the improvement or development or maintenance by a controlling authority of any walkway within the meaning of the New Zealand Walkways Act 1975:
(e) Prepare a recreation plan to give effect to this section.
(3) Every recreation plan shall conform to the district plan.
(4) The council may make such charges as it thinks fit for any services, facilities, or equipment provided pursuant to this section, subject in the case of a library to the following provisions:
(a) The right to join the library shall be open to the residents of the district free of charge; but
(b) The council may by resolution make charges for lending books, sound recordings, video recordings, films, paintings, or prints out of any library under its control.
(5) The council may—
(a) Make grants of money, or make advances on such terms and conditions as it thinks fit (including, if the council thinks fit, a condition that the advance is to be free of interest), or grant leases of land at such rental and for such term and on such conditions as it thinks fit, to any organisation, group, or body of persons (whether incorporated or not) whose object or principal object is the recreation, enjoyment, education, or instruction of the public, or the promotion of any form of culture, or the improvement or development of amenities for the public:
(b) By deed or other instrument and subject to such terms and conditions as it thinks fit, guarantee the repayment of any money (including any interest payable on that money) advanced to any such organisation, group, or body.
(6) Where the council becomes liable to make any payment under any such guarantee as aforesaid, it may make the payment out of the general revenues of the district or out of any money borrowed under this section.
(7) For the purpose of providing funds to enable it to make any payment for which it becomes liable in respect of any guarantee given by it pursuant to subsection (5) of this section, or for the purpose of refunding to the general revenues of the district any money paid thereout under this section, the council may borrow money under Part 7B of this Act.
(8) In addition to all such powers as aforesaid, the council may, with the consent of the trustees or other governing authority of any such organisation or group or body, assume control of any institution conducted by that organisation or group or body and acquire the property thereof, and those trustees and governing authorities are hereby authorised to give that consent and to transfer that property to the council.
(9) The Public Bodies Leases Act 1969 shall not apply to any tenancy or lease granted under this section.
Part 36 (comprising sections 598 to 621) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 16 December 1983, by section 18(1) Local Government Amendment Act 1983 (1983 No 132) by inserting the word
“public”
.The words
“district plan”
in subsection (3) were substituted for the words“district scheme”
, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69) which substituted a definition of the first term for a definition of the latter.Subsection (5)(a) was amended, as from 16 December 1983, by section 18(2) Local Government Amendment Act 1983 (1983 No 132) by inserting the word
“public”
.Subsection (5)(b) was amended, as from 1 April 1980, by section 45(3) Local Government Amendment Act 1980 (1980 No 82) by inserting the words
“(including any interest payable on that money)”
.The original subsection (7) was amended, as from 17 June 1986, by section 11(2) Local Authorities Loans Amendment Act 1986 (1986 No 22) by substituting the word
“electors”
for the word“ratepayers”
.Subsection (7) was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 601 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
601A Powers of council in relation to historic land or buildings
-
[Repealed]
(1) Without limiting any powers of the council under this Act or any other Act, the council may take, purchase, or otherwise acquire land or buildings within the district that in the opinion of the council are of national or regional or local historic interest, and furnish and equip any such building and maintain, improve, and develop any such land or building.
(2) The council may make such charges as it thinks fit for entry to any such land or building.
(3) The council may exercise, for the preservation of any such land or building, the powers conferred by subsections (5), (6), and (7) of section 601 of this Act as if that section applied to such land or building.
(4) In addition to any such powers as aforesaid, the council may make grants of money, or make advances on such terms and conditions as it thinks fit (including, if the council thinks fit, a condition that the advance is to be free of interest), to the owner of any building in the district that in the opinion of the council is of national or regional or local historic interest for the purpose of enabling or assisting him to manage, maintain, and preserve that building.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 601A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
602 Information services
-
[Repealed]
The council may—
(a) Prepare and publish handbooks, abstracts, or other publications containing information and matters of interest relative to the history, administration, and affairs of the district, purchase publications containing photographic views of the district, and prepare and disseminate information that is designed to educate, instruct, and inform the public concerning local government activities in the district or that has for its object the advancement or development of the district:
(b) Make grants of money, or make advances on such terms and conditions as it thinks fit (including, if the council thinks fit, a condition that the advance is to be free of interest), to the trustees or other governing authority of any body the object or principal object of which is to promote the advancement or development of the district or any part thereof, or of any area or areas whose advancement or development would or might tend to benefit the district or any part thereof, or to educate, instruct, or inform the public concerning the activities of the district or of any such area or areas.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 602 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
603 Entertainments on Sunday, Good Friday, or Christmas Day
-
[Repealed]
(1) No entertainment of any kind that is open to the public, whether by the purchase of tickets or otherwise, shall be held or given on any Sunday, Good Friday, or Christmas Day without the consent of the territorial authority of the district in which the entertainment is held or given, and then only subject to compliance in every respect with such reasonable conditions as the territorial authority may impose:
Provided that the territorial authority shall not arbitrarily or unreasonably withhold that consent.
(2) The territorial authority may exercise that power either generally or in any particular case or class of cases.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 603 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Community centres
604 Interpretation
-
[Repealed]
In sections 605 to 615 of this Act, unless the context otherwise requires,—
Community centre means any facility or group of facilities for social, recreational, cultural, or educational purposes or for the physical or intellectual well-being and enjoyment of the residents of the district or any group or section of them, whether alone or together with other persons
Community centre area means a part of the district declared by the council pursuant to section 606 of this Act to be a community centre area for the purposes of this Part; and includes a joint community centre area established pursuant to section 607 of this Act
Council
[Repealed]
Council: this definition was repealed, as from 1 July 1992, by section 60(2) Local Government Amendment Act 1992 (1992 No 42).
Dwelling unit means any building or part of a building which is designed, built, rented, leased, let, or hired to be occupied, or which is occupied, as a residence for a single family (including one person, or 2 or more persons as an individual group) with or without a common right to the use of entrances, passages, stairways, or open spaces; and, where necessary, includes a combination of parts of a building or of 2 or more buildings or the parts thereof.
Residential elector
[Repealed]
Residential elector: this definition was inserted, as from 19 January 1983, by section 46 Local Government Amendment Act 1980 (1980 No 82).
Residential elector: this definition was repealed, as from 29 April 1985, by section 11(1) Local Government Amendment Act 1986 (1986 No 21).
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 604 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
605 Council may provide or contribute towards establishment and maintenance of community centres
-
[Repealed]
(1) In addition to the powers conferred upon the council by this Act, the council may make such provision for community centres within the district as the council may from time to time determine, and for that purpose may take, purchase, or otherwise acquire, provide, and maintain land and buildings, and provide, install, and maintain on any such land or in any such building any equipment, apparatus, and facilities.
(2) The provision of a community centre, including the acquisition of land or buildings or an estate or interest in land for that purpose, shall be deemed a public work within the meaning of the Public Works Act 1981.
(3) Where, in the opinion of the council, residents of the district are using or deriving benefit from or are likely to use or derive benefit from a community centre either established or to be established outside the district by the council of another district, then, and in addition to the powers conferred upon it by this Act, the council may make such contributions as it may from time to time determine towards the cost of the exercise by that authority in respect of that community centre of any of the powers mentioned in subsection (1) of this section.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 605 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
606 Community centre areas
-
[Repealed]
(1) The council may from time to time, pursuant to a special order, declare any specified part of the district to be a community centre area for the purposes of sections 604 to 615 of this Act, and may in like manner alter the boundaries of any such area or amalgamate any 2 or more such areas or revoke any such special order.
(2) Before making a special order for the constitution of a community centre area, or the alteration of the boundaries of such an area, the council shall cause a plan of the proposed area showing the boundaries thereof, or, as the case may be, a plan of that area showing the proposed alteration of boundaries or a plan showing the boundaries of the amalgamated areas, to be deposited in the office of the council.
(3) Every such plan shall be open for inspection by the public without fee for at least one month before the date fixed for the confirmation of the resolution to make the special order, and public notice of the times when and the place where that inspection can be made shall be given by the council.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 606 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
607 Joint community centre area
-
[Repealed]
(1) The council may join with the council or councils of any other district or districts in establishing a joint community centre area for the purpose of providing a community centre for the benefit of the inhabitants of any specified part or parts of the district and of the other district or districts.
(2) If 2 or more councils agree to the establishment of a joint community centre area, they shall appoint one of the councils to be the administering council for that purpose, and, subject to this section, sections 604 to 615 of this Act shall, with the necessary modifications, apply as if the joint community centre area were a community centre area within the district of the administering council.
(3) Notwithstanding subsection (2) of this section, the administering council shall consult the other council or councils, where necessary, and the other council or councils shall, where appropriate, make a special order pursuant to section 610 of this Act and levy such annual uniform fee or uniform charge as may be agreed upon between the councils.
(4) Every joint community centre district constituted under section 47A of the Counties Amendment Act 1971 (as inserted by section 21(1) of the Counties Amendment Act 1972) and in existence at the commencement of this Part of this Act shall be deemed to be a joint community centre area constituted under this section.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 607 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
608 Control and management of community centre
-
[Repealed]
The council may in its discretion place the control and management of any of one or more community centres in a committee appointed under section 104 of this Act.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 608 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
609 Finance
-
[Repealed]
The council may from time to time make such contributions for the provision, conduct, or maintenance of community centres as it may think fit.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 609 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
610 Electors may petition for and participate in poll relating to uniform fee for community centre
-
[Repealed]
(1) For the purpose of providing the estimated amount of any loan charges and of any construction, maintenance, equipment, and administration costs of any community centre, the council may, subject to this section, make and levy annually a uniform fee to be paid by the occupier of each dwelling unit situated within the community centre area or, in the case of a joint area, the part of the district situated in the joint area, but in no case shall the amount of the fee in respect of any dwelling unit exceed the sum of $20, or such higher amount as may be fixed in respect of any particular area by the Minister by notice in the Gazette.
(2) The first such uniform fee may be made and levied pursuant to a special order and not otherwise, and the fee for any subsequent year, whether of the same or any other amount but not exceeding $20, or such higher amount as may be fixed in respect of any particular area by the Minister by notice in the Gazette, may be made and levied pursuant to a resolution of the council, and may be made payable in one amount or by such instalments as the council decides.
(3) The power to make and levy the first such uniform fee pursuant to subsection (2) of this section may be exercised by the special order constituting the community centre area, in which case the following provisions of this section shall apply as if the special order had been made under subsection (2) of this section.
(4) The amount of any such uniform fee shall be recoverable as a debt due to the council by the occupier.
(5) The power conferred by this section to make and levy the first such uniform fee may be exercised by the council upon a petition signed by a majority of the electors whose residential addresses are within the community centre area in which the fee is to be levied, or, subject to subsection (6) of this section, may be exercised by the council without any such petition.
(6) Where the council proposes to exercise the power conferred by subsection (5) of this section without any petition, a poll of electors whose residential addresses are within the community centre area shall be taken on the proposal to make and levy a fee where—
(a) Not less than 15 percent of those electors demand in the manner specified in subsection (7) of this section that a poll of the electors whose addresses are within the community centre area be taken on the proposal; or
(b) The council so resolves,—
and the fee shall not be made and levied unless a majority of the valid votes recorded at the poll are in favour of the proposal.
(7) Where a demand for a poll of electors may be made under this section, every signatory to the demand shall state against his signature his name and address with sufficient particularity to enable him to be identified as an elector whose residential address is within the community centre area.
(8) No demand under this section for a poll of electors shall be of any effect unless it is delivered or sent by post to the council and received at the office of the council not later than the day before the date fixed for the confirmation of the resolution to make a special order.
(9) Notice of the right to demand a poll pursuant to subsection (6) of this section shall be included in the public notice required to be given in relation to the special order by section 113(1)(d) of this Act.
Part 36 (comprising sections 598 to 621) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 17 December 1982, by section 24(1) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the words
“$20, or such higher amount as may be fixed in respect of any particular area”
for the words“$10 or such higher amount as may be fixed”
.Subsection (2) was amended, as from 17 December 1982, by section 24(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the words
“$20, or such higher amount as may be fixed in respect of any particular area”
for the words“$10 or such higher amount as may be fixed”
.Subsections (5) to (9) were substituted, as from 17 June 1986, by section 11(2) Local Government Amendment Act 1986 (1986 No 21).
Section 610 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
611 Charge on certain rateable property
-
[Repealed]
Notwithstanding anything in section 610 of this Act, in any case where a uniform fee may be levied pursuant to that section to be paid by the occupier of any dwelling unit erected on land which is rateable property, the council may, instead of levying that fee, levy upon such rateable property a charge which shall consist of a uniform charge in respect of each dwelling unit situated on that rateable property, and which shall for all purposes be deemed to be a separate rate:
Provided that nothing in this section shall permit in any year of the uniform charge assessed in respect of each dwelling unit situated on any rateable property exceeding the uniform fee which is or may be levied in that year on any dwelling unit pursuant to the said section 610.
Part 36 (comprising sections 598 to 621) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 611 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
612 Fee or charge in respect of dwelling units owned by Crown
-
[Repealed]
(1) In the case of any dwelling unit owned by Her Majesty the Queen for the purposes of the Housing Act 1955 or for any other purpose, Housing New Zealand Corporation or other Department of State administering the dwelling unit may, without further authority than this section, out of money received by the said Corporation under section 32(1) of the Housing Act 1955, or, as the case may require, out of the appropriate account, pay to the council the amount of the uniform fee in respect of that dwelling unit or the amount of any uniform charge that would be payable under section 611 of this Act in respect of that dwelling unit if it were erected on land which is rateable property.
(2) In any such case as aforesaid, the said Corporation or Department may, notwithstanding anything in any other Act, from time to time, on giving not less than 14 days' notice in writing to the tenant, increase the rent payable in respect of the dwelling unit by an amount equal to the uniform fee or charge so payable, and on the expiry of the period of the notice the contract or agreement for the tenancy of the premises shall be deemed to be varied accordingly.
Part 36 (comprising sections 598 to 621) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37) by substituting the words
“Housing New Zealand Corporation”
for the words“the Housing Corporation of New Zealand”
.Section 612 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
613 Bylaws
-
[Repealed]
Without limiting the power to make bylaws conferred on the council by section 684 of this Act, the council may make such bylaws as it thinks fit for all or any of the following purposes in respect of a community centre:
(a) Regulating the use of community centres and the charges to be made in respect thereof:
(b) Protecting from damage, injury, or misappropriation any property, whether real or personal, belonging to the council or any organisation participating in the conduct of a community centre:
(c) The more effectual carrying out of the objects of sections 604 to 615 of this Act.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 613 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
614 Community centre area a defined part of district
615 Powers conferred by other Acts not affected
-
[Repealed]
The powers conferred on the council by sections 604 to 614 of this Act are in addition to and not in substitution of any powers in relation to community centres conferred on the council by any other Act.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 615 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Boat havens
616 Construction or maintenance of boat haven
-
[Repealed]
The council may contribute such sum or sums as it thinks fit for the construction or maintenance of any boat haven which would or may, in the opinion of the council, be beneficial to the inhabitants of the district or any part of the district.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 616 was amended, as from 29 April 1999, by section 5 Local Government Amendment Act (No 2) 1999 (1999 No 24) by omitting the words
“to the authority having control of any harbour (as defined in the Harbours Act 1950)”
.Section 616 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Local and regional reserves
617 Council may borrow for improvement of public reserves managed and controlled by it
618 Surplus money appropriated for any reserve may be expended on other reserves
-
[Repealed]
Where any money is appropriated to the purposes of any recreation or other reserve, and there is a surplus of that money after defraying the cost of maintenance of the reserve and other charges and expenses in connection therewith, the council may expend all or any part of that surplus for or towards the maintenance or otherwise for the benefit of some other reserve or reserves vested in or under the management of the council.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 618 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
619 Powers of Wellington Regional Council in relation to regional parks and reserves
-
[Repealed]
Section 619: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).
619A Auckland catchment land
-
[Repealed]
(1) The Auckland Regional Council shall continue to own all the catchment land in the Hunua and Waitakere Ranges owned by the Auckland Regional Council on the 1st day of January 1992 (except the Hays Creek catchment land formerly owned by the former Papakura City Council).
(2) Section 619 of this Act shall apply in relation to land to which subsection (1) of this section applies as if that land had been acquired under section 619 of this Act as a regional reserve.
(3) Notwithstanding anything in this Act,—
(a) Where the Auckland Regional Council has, at any time, whether before or after the commencement of this section, established a forest on any piece of catchment land in the Hunua Ranges, the Auckland Regional Council may grant forestry rights in respect of that piece of land:
(b) [Repealed]
(4) [Repealed]
(5) Subject to subsection (6) of this section, this section shall be subject to the Resource Management Act 1991.
(6) The granting of a lease pursuant to this section shall be deemed not to be a division of an allotment or a subdivision of land within the meaning of the Resource Management Act 1991.
(7) This section shall have effect notwithstanding anything in section 225(1A) of this Act.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Sections 619A to 619I were inserted, as from 1 July 1992, by section 61 Local Government Amendment Act 1992 (1992 No 42).
Subsection (3)(b) was amended, as from 1 July 1992, by section 7 Local Government Amendment Act (No 2) 1992 (1992 No 71) by inserting the words
“or easement over”
.Subsections (3)(b) and (4) were repealed, as from 1 October 1998, by section 14(1)(d) Local Government Amendment Act 1998 (1998 No 89).
Section 619A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
619B Auckland regional parks and reserves
-
[Repealed]
The Auckland Regional Council shall continue to have responsibility for the following regional parks and the following regional reserves:
(a) Ambury Regional Park:
(b) Auckland Regional Botanic Gardens:
(c) Awhitu Regional Park:
(d) Hunua Ranges Regional Parkland, including Waharau, Whakatiwai, Adams Gift Block, Oliver Block, and the Hunua Water Catchment Land:
(e) Long Bay Regional Park:
(f) Mahurangi Regional Park, including Mahurangi West, Te Muri Scott Point, and Mahurangi East:
(g) Mount Smart (Rarotonga) Domain Recreation Reserve:
(h) Omana Regional Park:
(i) Shakespear Regional Park:
(j) Tapapakanga Regional Park:
(k) Tawharanui Regional Park:
(l) Tawhitokino Regional Park:
(m) Waitakere Ranges Regional Parkland, including Muriwai, the Auckland Centennial Memorial Park, and the Waitakere Water Catchment Land:
(n) Wenderholm Regional Park.
Sections 619A to 619I were inserted, as from 1 July 1992, by section 61 Local Government Amendment Act 1992 (1992 No 42).
Section 619B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
619C Wellington regional parks
-
[Repealed]
Section 619C: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).
619D Management plans for regional parks
-
[Repealed]
Section 619D: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).
619E Contents of management plans
-
[Repealed]
Section 619E: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).
619F Public notice of preparation of first management plan
-
[Repealed]
Section 619F: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).
619G Public notice of draft management plan
-
[Repealed]
Section 619G: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).
619H Obligation to consider submissions and make amendments
-
[Repealed]
Section 619H: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).
619I Review and change of management plans
-
[Repealed]
Section 619I: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).
Tree planting, gardens, and lawns
620 Council may expend money for tree planting
-
[Repealed]
(1) The council may expend money in planting and tending trees for shelter or ornamental purposes and shrubs and other plants on any land, or in any manner for encouraging such planting.
(2) The council may from time to time apply any portion of the general revenues of the district in the purchase of land for the planting of trees, shrubs, or other plants.
(3) The council may from time to time apply any portion of the general revenues of the district in the purchase, development, and maintenance of land, whether within or outside the district, for use by the council as a plant nursery for the propagation of trees, shrubs, and plants of any kind, otherwise than for sale to the public.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 620 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
621 Gardens and lawns
-
[Repealed]
The council, with the consent of the owner and subject to such conditions as may be agreed upon with the owner, whether as to payment to the council by the owner or the use of the land by the public or any other conditions, may from time to time lay out and maintain gardens, shrubberies, and lawns on any private land or public place in the district.
Part 36, comprising sections 598 to 621, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 621 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 37
Buildings
622 Council defined
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Dangerous, deserted and dilapidated buildings
[Repealed]
623 Powers of council with respect to dangerous, deserted, ruinous, and dilapidated buildings
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
624 Powers of council with respect to buildings likely to be dangerous in moderate earthquake
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (3)(c) was amended, as from 1 April 1989, by section 208(1) Rating Powers Act 1988 (1988 No 97) by substituting the words
“Where the owner is not the occupier of the land within the meaning of the Rating Powers Act 1988”
for the words“Where the owner is not the occupier of the land within the meaning of the Rating Act 1967”
.The words
“District Court”
were substituted for the words“Magistrate's Court”
, as from 1 April 1980, pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
625 Appeal to High Court
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“District Court”
were substituted for the words“Magistrate's Court”
, as from 1 April 1980, pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).The words
“High Court”
were substituted for the words“Supreme Court”
, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
626 Cost incurred to be a charge on land
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Buildings for public meetings
[Repealed]
627 Interpretation
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
628 Buildings for public meetings, etc, to be licensed and inspected
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
629 Register of licensed buildings
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
630 Inspection of licensed buildings
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
631 Passages in and exits from licensed public buildings to be kept clear
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
632 Regulations for protection of public from danger from fire or other emergency in theatres, etc
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
633 Cancellation or suspension of licence
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“District Court”
were substituted for the words“Magistrate's Court”
, as from 1 April 1980, pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
634 Penalty for using unlicensed building
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
635 Further provisions with respect to licensing of buildings for public meetings, etc
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Apartment buildings and residential institutions
[Repealed]
636 Apartment buildings and residential institutions to be licensed
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 20 November 1981, by section 19(1) Local Government Amendment Act (No. 2) 1981 (1981 No 111) by inserting the words
“and section 636A of this Act”
.Apartment building: this definition was substituted, as from 23 January 1980, by section 48 Local Government Amendment Act 1980.
Disabled resident: this definition was inserted, as from 20 November 1981, by section 19(2) Local Government Amendment Act (No. 2) 1981 (1981 No 111).
Residential institution: this definition was substituted, as from 30 March 1985, by section 36 Local Government Amendment Act 1985 (1985 No 60).
Residential institution: paragraph (h) was repealed, and paragraph (i) was substituted, as from 1 November 1989, by section 452(1) Children, Young Persons, and Their Families Act 1989 (1989 No 24). See section 452(2) of that Act.
Subsection (3) was substituted, as from 14 January 1983, by section 25(2) Local Government Amendment Act (No. 2) 1982 (1982 No 166).
Subsection (3A) was inserted, as from 14 January 1983, by section 25(2) Local Government Amendment Act (No. 2) 1982 (1982 No 166).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636A Inspection of residential institution where disabled person resides
-
[Repealed]
Section 636A was inserted, as from 20 November 1981, by section 20 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Fire prevention and safety in factories
636B Interpretation
-
[Repealed]
Section 636B and the heading
“Fire Prevention and Safety in Factories”
were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636C Application to the Crown
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636D Factories to have fire-safety certificates
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636E Changes to factory premises, staffing, or activities after fire-safety certificate issued
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636F Occupier of factory to maintain means of escape and fire-alarm system
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636G Provision of fire-fighting equipment
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636H Powers of entry and inspection to ensure compliance with fire bylaws and requirements
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636I Objections against notices or requirements
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636J Appeals against notices or requirements
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636K Notices served by council to be suspended pending determination of appeal
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636L Offences
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636M Penalties
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636N Power to order contravention to be remedied
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636O Procedure relating to offences
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
636P Fire-safety certificates issued under Factories Act 1946 to continue in force
-
[Repealed]
Sections 636C to 636P were inserted, as from 1 February 1982, by section 21(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Preventing overcrowding
637 Overcrowding of buildings
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 1 April 1990, by substituting the
“Sale of Liquor Act 1989”
for the repealed“Sale of Liquor Act 1962”
.Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
638 Illegal occupation of building
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
639 Removal of building illegally erected, etc
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Miscellaneous provisions
640 Design and construction of buildings to resist earthquake shocks
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
641 Refusal of building permit
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 641 was substituted, as from 20 November 1981, by section 22 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
641A Power to issue building permit where land subject to erosion, subsidence, slippage, or inundation
-
[Repealed]
Sections 641A to 641D were inserted, as from 20 November 1981, by section 22 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
641B Giving of security
-
[Repealed]
Sections 641A to 641D were inserted, as from 20 November 1981, by section 22 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
641C Objections and appeals
-
[Repealed]
Sections 641A to 641D were inserted, as from 20 November 1981, by section 22 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
641D Notification to the Crown
-
[Repealed]
Sections 641A to 641D were inserted, as from 20 November 1981, by section 22 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
642 Temporary buildings
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
643 Permit for erection of building on 2 or more allotments
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
644 Thermal insulation of new residential buildings
-
[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (3) was amended, as from 1 July 1988, by substituting the
“Standards Act 1988”
for the repealed“Standards Act 1965”
.Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Part 38
Urban renewal
Part 38, comprising sections 644A to 644F, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
644A Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires,—
Council means a territorial authority
District means the district of a territorial authority
House means any building, tent, caravan, or other structure or erection, whether permanent or temporary, which is used or intended to be used in whole or in part for human habitation, and includes the land and any out-buildings and appurtenances belonging thereto or usually enjoyed therewith
Urban renewal means the conservation, repair, or redevelopment of any land, or of any building on any land, within any urban part of the district (or the encouragement thereof), the standard of which should in the opinion of the council be improved; and includes the improvement, reconstruction, extension, development, and redevelopment of the utility services, roading, the landscape, and community and social facilities and services within that part.
Part 38, comprising sections 644A to 644F, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 644A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
644B Council may undertake urban renewal
-
[Repealed]
(1) Subject to the Resource Management Act 1991, the council may undertake and carry out urban renewal in the district.
(2) Urban renewal is hereby declared to be a public work for the purposes of the Public Works Act 1981.
Part 38, comprising sections 644A to 644F, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“Subject to the Resource Management Act 1991”
for the words“Subject to the Town and Country Planning Act 1977”
.Section 644B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
644C Notice of urban renewal to be given
-
[Repealed]
Before the council undertakes urban renewal in any part of the district—
-
(a) It shall give notice in writing of its proposals to the owners and occupiers of all the land likely in the council's opinion to be affected by the work:
Provided that the accidental omission to notify any owner or occupier shall not affect the powers of the council to carry out the urban renewal; and
(b) It may give public notice of the proposed urban renewal, specifying in general terms the nature of the urban renewal intended and the proposed timetable for the carrying out of the work.
Part 38, comprising sections 644A to 644F, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 644C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
644D Provisions as to subdivisions and development to be complied with
-
[Repealed]
Where any work of urban renewal to be carried out by the council is or includes a subdivision or development of any land, Part 20 of this Act shall apply with respect to that subdivision or development.
Part 38, comprising sections 644A to 644F, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 644D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
644E Advances by council to owners
-
[Repealed]
(1) The council may make advances to the owner of any land for the purpose of enabling him to carry out any specified work on the land for the purposes of urban renewal.
(2) Subsections (2) to (7) of section 463 and sections 464 and 465 of this Act (relating to the cost of drainage connections), as far as they are applicable and with the necessary modifications, shall apply with respect to any advance under this section as if it were an advance under the said section 463, and as if every reference in the said subsections and in sections 464 and 465 to drainage works and to drainage and sewerage were a reference to the work to be carried out by the owner for the purpose for which the advance was made.
Part 38, comprising sections 644A to 644F, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 644E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
644F Acquisition of land by council where house unfit for habitation or area below minimum
-
[Repealed]
(1) The council may take under the Public Works Act 1981, or purchase or otherwise acquire as for a public work duly authorised by that Act, any land in the district—
(a) Where the land contains less than the minimum frontage, area, or depth prescribed by any bylaw or regulation or proposed or operative district plan applicable thereto as the minimum frontage, area, or depth of land upon which any house or any building may be erected:
(b) Where the land is of such a size that in the opinion of the council no house or other building could conveniently be erected thereon otherwise than in contravention of the provisions of any Act or any bylaw or regulation or proposed or operative district plan relating to space about buildings or the lighting or ventilation thereof:
(c) Where the owner has been required, pursuant to a requisition or demolition order under any other provision of this Act or under any other enactment, to demolish any house erected on the land.
(2) In any case where land is taken, purchased, or otherwise acquired by the council pursuant to subsection (1) of this section, the council may take under the Public Works Act 1981 or purchase or otherwise acquire as for a public work duly authorised under that Act any adjoining land which in the opinion of the council it is desirable to acquire in order to improve the locality by providing an allotment or allotments of a suitable size.
(3) Where the council has acquired any land in pursuance of this section, it may remove or demolish any buildings or other erections thereon and sell the buildings or erections so removed or the materials from the erections so demolished, and may sell any land so acquired upon or subject to such terms and conditions as the council thinks fit, and nothing in section 42 of the Public Works Act 1981 shall apply in respect of any such sale.
Part 38, comprising sections 644A to 644F, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“district plan”
in subsection (1)(a) and (b) were substituted for the words“district scheme”
, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69) which substituted a definition of the first term for a definition of the latter.Subsection (3) has been amended by substituting the
“Public Works Act 1981”
for the repealed“Public Works Act 1928”
.Section 644F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 39
Prevention of fires
Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
645 Council defined
-
[Repealed]
In this Part of this Act the term council means a territorial authority.
Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 645 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
646 Fire prevention
-
[Repealed]
The council may from time to time, out of the general revenues of the district, provide such equipment and buildings as may be required by any fire brigade or industrial fire brigade which is under an obligation to protect from fire any area or property in any part of the district that does not form part of a fire district under section 26 of the Fire Service Act 1975, or may agree with the Crown or with the New Zealand Fire Service Commission or with any other person or with any local authority or public body for the supply of the necessary appliances and labour for the purpose of extinguishing fires; and may provide for payment out of the general revenues of the district of such remuneration in respect of that service as the council thinks fit.
Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 646 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
647 Fire hydrants
-
(1) In every part of the district in which there is a water supply provided under section 130 of the Local Government Act 2002, the council shall fix fire hydrants in the main pipes, other than trunk mains, of the waterworks at the most convenient places for extinguishing any fire as the council determines, or, in any part of the district that is included in a fire district under section 26 of the Fire Service Act 1975, as the New Zealand Fire Service Commission approves, and shall keep those fire hydrants in effective working order.
(2) Where a water supply is provided in the district or in any part of the district by any other local authority, the council may arrange with that local authority to fix fire hydrants in the main pipes, other than trunk mains, situated in the district or in that part, as the case may be.
(3) Fire hydrants shall be fixed at such distances from each other as the council decides or, in the case of hydrants fixed in any part of the district that is included in a fire district of the New Zealand Fire Service Commission, as that Commission approves.
(4) The council shall put near each fire hydrant a conspicuous notice or a mark of a kind approved by the New Zealand Fire Service Commission, in the case of a hydrant fixed in any part of the district that is included in a fire district of that Commission, or, in any other case, approved by the council, showing the situation of the hydrant, and that notice may, if the council thinks fit, be put on any building.
(5) In this section the term trunk main means a main used for the purpose of conveying water from a source of supply to a filter or reservoir, or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk.
(6) Where the council is dissatisfied with any decision of the New Zealand Fire Service Commission under this section, it may, within one month after receiving notice of the decision, appeal against that decision to a District Court, whose decision shall be final.
Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 7 July 2004, by section 20 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words
“section 130 of the Local Government Act 2002”
for the words“Part 23 of this Act”
.In subsection (6), the words
“District Court”
were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
648 Pipes to be kept charged with water
-
(1) Except in case of unusual drought, or of accident, or of shortage from any cause of the water supply, or during necessary repairs, connections, or inspections, or in a case of a state of emergency declared under the Civil Defence Emergency Management Act 2002, the council must at all times keep charged with water the pipes in which fire hydrants are fixed by the council under section 647.
(2) Subject to the overall requirements of any Controller while a state of emergency exists under the Civil Defence Emergency Management Act 2002, the council must allow all persons to take and use water from any waterworks or water race for extinguishing fire without any payment for the same.
Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The original subsections (1) and (2) were amended, as from 1 December 1983, by substituting the
“Civil Defence Act 1983”
for the“Civil Defence Act 1962”
, the latter Act having been repealed by the former.Section 648 was substituted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.
649 Council to make bylaws in respect of prevention of spread of fires involving vegetation
-
[Repealed]
(1) Without limiting the power of the council to make bylaws conferred by section 684 of this Act, the council shall make bylaws for the purpose of preventing the spread of fires involving vegetation.
(2) For the purposes of this section, the provisions of any bylaw made pursuant to subsection (1) of this section shall be subject to section 20 of the Forest and Rural Fires Act 1977.
Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 649 was substituted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Section 649 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
650 Removal of scrub, etc, likely to constitute a fire hazard
-
[Repealed]
(1) The council may, by notice in writing under the hand of the Chairman or the principal administrative officer, require the occupier or, in any case where there is no occupier, the owner of any land within the district—
(a) To cut down or otherwise eradicate and to remove any broom, gorse, scrub, weeds, undergrowth, dry grass, or other growth on that land, whether standing or growing or not; or
(b) To remove or destroy any accumulated refuse or flammable waste material on the land—
which in the opinion of the Chairman or principal administrative officer or an authorised officer of the New Zealand Fire Service, or, in the case of land in a rural fire district under the Forest and Rural Fires Act 1977, a rural fire officer, is likely to become a source of danger from fire.
(2) Within 10 days after service of the notice, the occupier or owner, as the case may be, may apply to a District Court for an order setting aside the notice. Pending the determination of the application, the notice shall be deemed to be suspended.
(3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
(4) In the case of a notice which is not set aside as aforesaid, if the occupier or owner fails to do any such act in compliance therewith within 14 days from the service thereof or, where application as aforesaid has been heard, within 14 days after being notified of the decision of the Court, he commits an offence against this Act, and the council may, by its officers or agents, enter upon the land and do that act and recover the cost from him.
(5) The said cost shall be a charge upon the land.
(6) In any case where the council might give any such notice as aforesaid in respect of any land, any resident of the district may, by notice in writing, request the council to do so.
(7) If for the space of one month after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to a District Court for an order requiring the council to comply with that notice.
(8) On the hearing of the application, the Court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the Court shall be final.
(9) The council may cut down or otherwise eradicate and remove any broom, gorse, scrub, weeds, undergrowth, dry grass, or other growth to which subsection (1)(a) of this section applies or remove or destroy any refuse or flammable waste material to which subsection (1)(b) of this section applies, after giving oral notice to the occupier, or, where there is no occupier, to the owner, of the land, if life, property, or any road is in imminent danger. The cost of the work shall be a charge against the land as if notice had been given under subsection (1) of this section and had not been set aside by a District Court.
(10) The powers conferred by this section shall be in addition to and not in substitution for any powers of the council in that behalf under any other Act, and may be exercised in accordance with any agreement or arrangement made pursuant to section 14(2) of the Forest and Rural Fires Act 1977.
(11) In this section the term cut down has the same meaning as in section 355 of this Act.
Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“District Court”
were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).Section 650 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 39A
Navigation
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
650A Councils may carry out harbour works
-
(1) For the purposes of this Part,—
-
(a) A regional council may—
(i) Erect and maintain navigation aids:
(ii) Remove obstructions and impediments to navigation, and execute and maintain works which in the opinion of the council tend to improve navigation:
-
(b) A territorial authority may—
(i) Erect and maintain quays, docks, piers, wharves, jetties, launching ramps, and any other works for the improvement, protection, management, or utilisation of waters within its district:
(ii) Erect and maintain protective works (other than works undertaken under the Soil Conservation and Rivers Control Act 1941) to prevent the encroachment of waters within its district:
(iii) Carry out such other navigation or harbour-related functions and responsibilities as it may have under a local government reorganisation scheme under this Act.
(2) All wharves, jetties and other works constructed by a council under the authority of this section belong to the council.
(3) A council or other local authority may not construct wharves or other works, or levy any tolls, on land owned by some other person, without that person's consent.
(4) The powers conferred by this section are subject to the Resource Management Act 1991.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
-
650B Appointment of harbourmasters, enforcement officers, and honorary officers
-
(1) A regional council may appoint such harbourmasters and enforcement officers (including honorary enforcement officers) as it thinks necessary for the purposes of this Part.
(2) An honorary enforcement officer of a council has only such powers of enforcement officers under this Part as the council specifies in the instrument appointing the person to be an honorary enforcement officer.
(3) Harbourmasters appointed under subsection (1) must have such qualifications as may be required by maritime rules.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
650C General powers of harbourmasters and enforcement officers
-
(1) A harbourmaster or enforcement officer of a regional council may at any time, for the purposes of carrying out his or her duty, enter and remain on any ship in waters within the council's region.
(2) A harbourmaster or an enforcement officer (together with such assistants and equipment as are considered necessary) may enter and remain on any maritime facility, or on any land or property of a port company or other operator of a port facility, within the region of the council that appointed the harbourmaster for the purposes of carrying out his or her functions.
(3) For the purpose of ensuring navigation safety, a harbourmaster or enforcement officer may give directions regulating—
(a) The time and manner in which any ship may enter into, depart from, lie, or navigate in those waters:
(b) The position, mooring, unmooring, placing, removing, securing, or unsecuring of any ship within those waters:
(c) The manner in which any ship within those waters, or at any maritime facility, may take in or discharge its cargo or any part of its cargo, and the manner in which cargo is secured or is being handled on a ship where there is a risk of cargo falling overboard and becoming a hazard to navigation.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
650D Harbourmaster may remove ships
-
(1) For the purposes of ensuring navigation safety or enforcing navigation bylaws, a harbourmaster of a regional council may—
(a) Direct the master of any ship in waters within the region of the council, or lying at any maritime facility, to moor, unmoor, anchor, weigh anchor, secure, unsecure, place, or move his or her ship; and
(b) Cause the ship to be moored or unmoored or to be anchored or to weigh anchor or to be secured or unsecured or to be placed or removed according to the harbourmaster's directions, and employ a sufficient number of persons for the purpose.
(2) A harbourmaster of a regional council may, in relation to any floating, submerged, or stranded object (other than one to which section 650K applies) that the harbourmaster considers is a hazard to navigation, do or cause to be done anything referred to in subsection (1)(b) (as if the object were a ship).
(3) The expenses incurred by a harbourmaster under subsection (1) or subsection (2) are payable by the master and the owner of the ship, or by the owner of the object (as the case may be), and are recoverable as a debt due to the council.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
650E Harbourmasters and others may regulate some navigation activities
-
(1) A harbourmaster of a regional council may, in the interests of navigation safety, do all or any of the following things in relation to any waters within the council's region:
(a) Require the person appearing to be in charge of any ship or seaplane to stop, and to give his or her name and address, on being requested to do so by the harbourmaster:
(b) Require any person found committing an offence against the council's navigation bylaws to give his or her name and address:
(c) On informing the owner of a ship or seaplane of an alleged offence against the council's navigation bylaws, and on requesting the owner to do so, require the owner to give all information in the owner's possession or obtainable by the owner which may lead to the identification of the person by whom the offence is alleged to have been committed:
(d) Regulate and control the traffic and navigation, and provide specially for the direct and personal control of that traffic, on any day or occasion of unusual or extraordinary traffic.
(2) A person authorised by the council, or any member of the Police acting on the request of the harbourmaster or such an authorised person, who—
(a) Has received a complaint that there has been a breach of any of the council's navigation bylaws; and
(b) On investigation of the complaint, is of the opinion that there has been a breach of the council's navigation bylaws,—
may exercise any power under subsection (1)(a) to (c).
(3) If a harbourmaster or enforcement officer of a regional council believes on reasonable grounds that a person has committed a breach of maritime rules involving navigation safety, the harbourmaster or enforcement officer may exercise any power under subsection (1)(a) to (c), and those provisions apply with any necessary modifications.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
650F Application of section 710 and other requirements
-
(1) Section 710 applies in respect of every harbourmaster, enforcement officer, and honorary enforcement officer.
(2) In addition to complying with section 710, before entering a place in the exercise of any power under any of sections 650C to 650E, a harbourmaster, enforcement officer, or honorary enforcement officer must produce the person's written warrant under section 710 to any person appearing to be in charge of the place entered—
(a) On entering the place (if such a person is then present); and
(b) At any reasonable time thereafter, if asked to do so by the person.
(3) If there is no person appearing to be in charge of the place at any time between the time of entry and the time the harbourmaster, enforcement officer, or honorary enforcement officer leaves the place, the harbourmaster or officer must, as soon as is practicable upon leaving the place, give an occupier or person in charge of the place written notice stating that the place has been entered, and specifying the following matters:
(a) The time and date of entry:
(b) The circumstances and purpose of entry:
(c) The name, office or position, and employer of every person entering:
(d) Every thing that has been seized, or that nothing has been seized, and every action taken, or that no action has been taken.
(4) This section applies to a member of the Police who exercises any power under section 650E as if his or her warrant card or other evidence of appointment were a warrant under section 710.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
650G Offence
-
A person commits an offence against this Act who fails without reasonable cause to comply with a direction or requirement given or made under section 650C or section 650D or section 650E.
Part 39A (sections 650A-650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
650H Freedom of passage for officers of Customs, etc
-
Officers of Customs, officers of the Ministry of Agriculture and Forestry, officers of the Ministry of Fisheries, officers of Maritime New Zealand, and persons acting under the authority of the Authority or the Director of Maritime New Zealand, acting in the execution of their duty, have at all times free ingress, passage, and egress, into, through, and out of waters within the region of a regional council, by land or water, and with ships or otherwise, and over any wharf.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
Section 650H was amended, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98) by substituting the words
“Maritime New Zealand”
for the words“the Maritime Safety Authority”
.Section 650H was amended, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98) by substituting the words
“Maritime New Zealand”
for the words“Maritime Safety”
.
650I Crown harbours and facilities
-
(1) This section applies to waters, maritime facilities, and maritime works that—
(a) Are owned or operated by the Crown; and
(b) Are not subject to the jurisdiction of a local authority.
(2) Where this section applies, the Crown may—
(a) Regulate and lease, and charge for, the use of maritime facilities and maritime works:
(b) Exercise navigation safety control over any area:
(c) Do any other thing that a regional council or other local authority may do in relation to waters, maritime facilities, or maritime works under this Part or under any of the provisions of sections 684B to 684F and sections 699A to 699D of this Act.
(3) The responsible Minister may appoint such harbourmasters and enforcement officers for the purposes of this section as he or she thinks fit; and such harbourmasters and enforcement officers have the powers of a harbourmaster or enforcement officer (as the case may be) under this Part.
(4) For the purposes of this section, the responsible Minister is,—
(a) In the case of facilities or works under the control or management of the Department of Conservation, the Minister of Conservation:
(b) In the case of waters, facilities, or works under the control or management of the New Zealand Defence Force, the Minister of Defence:
(c) In the case of the harbour to which the Milford Sound Harbour Regulations 1983 (SR 1983/103) apply, and any Crown-owned or operated facilities or works associated with that harbour, the Minister of Transport:
(d) In any other case, the Minister of Local Government.
(5) The Governor-General may, by Order in Council, make regulations relating the use of maritime facilities and maritime works to which this section applies.
(6) Regulations made under subsection (5) may provide for the leasing, or the making of charges for the use of, maritime facilities and maritime works to which this section applies:
(7) For the purposes of subsection (5), section 723 is to continue to have effect as if it had not been repealed by the Local Government Act 2002.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24). See section 14 of that Act as to transitional provisions relating to Lake Taupo.
Subsection (2)(c) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by inserting the words
“or under any of the provisions of sections 684B to 684F and sections 699A to 699D of this Act”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.Subsections (5) to (7) were inserted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
650J Delegation or transfer of council's functions, duties, or powers under this Part
-
(1) A council may, in accordance with this section,—
(a) Transfer to another public authority any of its functions, duties, or powers (other than this power of transfer) under this Part:
(b) Delegate to a port operator any functions, duties, or powers (other than a power to make bylaws) under this Part that relate to navigation safety.
(2) A transferee under subsection (1)(a) may delegate to a port operator any of the functions, duties, and powers transferred under that provision to the transferee that relate to navigation safety.
(3) If any functions, duties, or powers delegated under subsection (1)(b) are exercisable or required to be performed by a harbourmaster, those functions, duties, and powers may be exercised or performed by employees of the port operator, subject to any conditions set out in the instrument of delegation.
(4) Section 37SC, with any necessary modifications, applies to transfers under subsection (1)(a), but nothing in this section limits any provision of that section that provides for any matter not provided for in this section.
(5) Section 715, with any necessary modifications, applies to delegations under subsection (1)(b) or subsection (2), but nothing in this section limits any provision of section 715 that provides for any matter not provided for in this section.
(6) In this section,—
Port operator includes a port company under the Port Companies Act 1988 and any other operator of facilities for the loading or unloading of cargo or passengers carried by sea
Public authority includes any local authority, iwi authority, Government department, or statutory authority.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
Wreck
650K Removal of wreck
-
(1) In this section, wreck includes—
(a) Any ship or aircraft which is abandoned, stranded, or in distress, or any equipment or cargo or other articles belonging to or separated from any such ship or aircraft; and
(b) Any derelict ship; and
(c) Shipping containers and property lost overboard or similarly separated from a ship, other than cargo lost in the course of its unloading or discharge from the ship while the ship is in a port.
(2) If a wreck on or in any land or waters within the region of a regional council is a hazard to navigation, the council may take steps to remove and deal with the wreck in accordance with the following provisions:
-
(a) The council must, by a written request addressed to the owner of the wreck, or to an agent of the owner, ask the owner to either—
(i) Remove the wreck within the time specified in the request and in a manner satisfactory to the council; or
(ii) Undertake, under a security satisfactory to the council, to remove the whole of the wreck within a time fixed by and in a manner satisfactory to the council:
(b) If the owner or agent cannot be found, or fails within the time specified in the written request to remove the whole of the wreck in a way satisfactory to the council, or to enter into such an undertaking to remove the wreck, or having undertaken to remove the wreck, fails to remove it in accordance with that undertaking, the council may, if the council has made reasonable inquiries to find the owner or agent, remove the wreck, and may recover from the owner, in any court of competent jurisdiction, the expenses incurred in removing it (
“the expenses of removal”
):
(c) The council may, for the purpose of removal, destroy the wreck or any part of it, and may remove and take possession of the wreck or any part of it, and may sell the wreck or any part of it; and may, out of the proceeds (if any) of the sale, without any reference to the part of the wreck from the sale of which those proceeds may accrue, reimburse itself for the whole of the expenses of removal, and must after reimbursing itself pay over the surplus (if any) to the owner:
(d) If the proceeds of the sale are insufficient to pay the whole expenses of removal, the council may recover the balance from the owner of the wreck:
(e) The council does not have to retain any unsaleable wreck and may dispose of or destroy it as it thinks fit:
(f) If the council fails, within 14 days after notice in writing from the Director to remove or to take steps to cause the owner of the wreck, to remove the wreck, the Director may take steps to remove the wreck, and for that purpose has all the powers of a regional council under this section.
(3) For the purposes of this section, owner includes not only the owner of the wreck at the time of the sinking, stranding, or abandonment, but also includes any purchaser of any such wreck, or the materials of which the wreck may be or may have been composed, so long as the same remains sunk, stranded, or abandoned.
(4) Nothing in this section affects or limits anything in section 110 of the Maritime Transport Act 1994.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
Part 40
Miscellaneous powers
Part 40, comprising sections 651 to 664 was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
651 Council defined
-
[Repealed]
In this Part of this Act, unless the context otherwise requires, the term council means a territorial authority.
Part 40, comprising sections 651 to 664 was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 651 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Markets and weighing machines
652 Council may provide market places
-
[Repealed]
The council may provide market places in the district, and for that purpose may acquire land and erect thereon or on any other land vested in the council or otherwise available for the purpose all such buildings and provide all such things as are necessary or convenient for holding markets thereon, and may make all convenient approaches thereto.
Part 40, comprising sections 651 to 664 was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 652 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
653 Council may fix market charges
-
[Repealed]
(1) The council may fix charges payable by all persons exposing or offering for sale within any such market place any property of any description whatsoever allowed by the council to be sold therein.
(2) The council may let for any period not exceeding 3 years as it thinks fit—
(a) All or any of the market charges which it is hereby empowered to receive:
(b) Stalls or standing places for goods or animals, and may receive charges for the same (in this Part of this Act referred to as market charges).
(3) The council may from time to time alter the scale of market charges, but no change shall be made during the continuance of any lease thereof without the consent of the lessee.
Part 40, comprising sections 651 to 664 was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 653 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
654 Recovery of market charges
-
[Repealed]
(1) If any person neglects or refuses to pay any market charge on demand, the council may cause the charge to be levied by distress and sale of the property in respect of which the charge is payable, or of any other property in the market belonging to or under the charge of the same person, in such manner as may be prescribed by bylaws.
(2) This provision shall not be deemed to affect any other remedy which the council or any officer or lessee of the council may have for the recovery of any such charge.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 654 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
655 Council may provide public weighing machines
-
[Repealed]
The council may provide public weighing machines either in a market place or elsewhere or where no market is established, and may fix charges for the use of those weighing machines, and those charges shall be deemed to be market charges for the purposes of sections 653 and 654 of this Act.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 655 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Harbour works and navigation
656 Powers of council with respect to harbour works to be exercised subject to Harbours Act 1950
-
[Repealed]
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) proviso was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“and the Resource Management Act 1991”
for the words“and the Water and Soil Conservation Act 1967”
.Subsection (4) was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by omitting the words
“and for that purpose raise a special loan under the Local Authorities Loans Act 1956, as if for a public work”
.Section 656 was repealed, as from 29 April 1999, by section 6(2) Local Government Amendment Act (No 2) 1999 (1999 No 24).
Telegraphs, telephones, and electric lines
657 Telegraphs and telephones
-
[Repealed]
The council may from time to time contract for the erection of any line of communication by telegraph or telephone within the district, and may apply such portions of the general revenues of the district as it thinks fit towards the cost of erection or maintenance of any such line, or for the purpose of paying an annual sum by way of interest or guarantee upon that cost.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 657 was amended, as from 1 April 1987, by section 16(4) State Services Conditions of Employment Amendment Act 1987 (1987 No 17) by omitting the words
“with the Postmaster-General, acting on behalf of the Crown,”
.Section 657 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
658 Underground telephone and electric lines
-
[Repealed]
(1) Subject to this section, the council may—
(a) Enter into an agreement for the conversion into underground lines of all existing above-ground telephone lines in a defined part of the district:
(b) Enter into an agreement with the appropriate Electrical Supply Authority under the Electricity Act 1968 for the conversion into underground lines of all existing above-ground electric lines (as defined in the Electricity Act 1968) in a defined part of the district in respect of which the council is not the Electrical Supply Authority:
(c) Convert into underground lines all existing above-ground electric lines (as so defined) in a defined part of the district in respect of which the council is the Electrical Supply Authority.
(2) For the purpose of meeting—
(a) Any liability incurred by the council under any agreement entered into pursuant to paragraph (a) or paragraph (b) of subsection (1) of this section; or
(b) The cost of any work carried out by the council pursuant to paragraph (c) of that subsection,—
together with an amount not exceeding 10 percent of the amount of that liability or cost, to cover the cost of supervision by the officers or agents of the council, the council may raise a special loan for the benefit of the defined part of the district under Part 7B of this Act.
(3) [Repealed]
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1)(a) was amended, as from 1 April 1987, by section 16(4) State Services Conditions of Employment Amendment Act 1987 (1987 No 17) by omitting the words
“with the Postmaster-General, acting on behalf of the Crown”
.Subsection (2)(a) was amended, as from 1 April 1987, by section 16(4) State Services Conditions of Employment Amendment Act 1987 (1987 No 17) by omitting the words
“with the Postmaster-General or any Electrical Supply Authority”
.Subsection (2) was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words
“Part 7B of this Act”
for the words“the Local Authorities Loans Act 1956”
.Subsection (3) was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 658 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Miscellaneous provisions
659 Council may sell coal, coke, and firewood
-
[Repealed]
The council may purchase and sell coal, coke, and (except as provided in Part 30 of this Act) other products obtained from coal, and firewood on such terms as it thinks fit.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 659 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
660 Road metal and lime
-
[Repealed]
(1) Subject to the Resource Management Act 1991 the council may—
(a) Quarry, purchase, and sell road metal, gravel, sand, scoria, soil, or other road-making material on such terms as it thinks fit:
(b) Quarry, burn, purchase, and sell lime on such terms as it thinks fit.
(2) For the purposes of this section the council may acquire any land, either within or outside the district.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by inserting the words
“Subject to the Resource Management Act 1991”
.Section 660 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
661 Stock dips
-
[Repealed]
The council may, with the consent of the Minister of Agriculture, construct stock dips on any land acquired or appropriated by it for the purpose, or may with the like consent purchase or lease any existing stock dip, and may make bylaws regulating the use of those dips and by resolution prescribe such fees and charges for that use as the council thinks fit.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 661 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
662 Stock paddocks
-
[Repealed]
The council may—
(a) Acquire or appropriate any land for the purpose of paddocking stock in transit:
(b) Provide all necessary facilities and equipment for that land:
(c) Make bylaws regulating the use of that land and by resolution prescribe such fees and charges for that use as the council thinks fit.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 662 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
663 Council may install, light, and maintain public clocks
-
[Repealed]
The council may expend money on installing, lighting, and maintaining in the district any public clock.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 663 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
664 Council may contribute towards cemeteries and crematoria not vested in council
-
[Repealed]
The council may from time to time contribute such sums as it thinks fit towards the construction, maintenance, improvement, or operation of any cemetery or crematorium under the Burial and Cremation Act 1964 not vested in the council, whether the cemetery or crematorium is situated within or outside the boundaries of the district.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 664 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
664A Regional councils may contribute to works of constituent authorities
-
[Repealed]
Any regional council may from time to time contribute towards the funds of any constituent authority for the purpose of the establishment, maintenance, or development of any work which is directly related to the functions of the regional council and which, in the opinion of the regional council, is generally for the benefit of the inhabitants of the region.
Part 40, comprising sections 651 to 664A was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 664A was substituted, as from 1 July 1992, by section 62 Local Government Amendment Act 1992 (1992 No 42).
Section 664A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 41
Functions and powers of district community councils and community councils
[Repealed]
Part 41, comprising sections 665 to 669, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).
665 Functions and powers of district community councils
-
[Repealed]
Part 41, comprising sections 665 to 669, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).
666 Delegated functions and powers of community councils
-
[Repealed]
Part 41, comprising sections 665 to 669, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).
667 Community council to be a committee of territorial authority
-
[Repealed]
Part 41, comprising sections 665 to 669, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).
668 Powers of territorial authority as to improvement and development works in communities
-
[Repealed]
Part 41, comprising sections 665 to 669, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).
669 Advances and grants for development works in communities
-
[Repealed]
Part 41, comprising sections 665 to 669, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 42
Private works
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
670 Order for execution of private works
-
[Repealed]
Whenever by or under this Act or any other Act power is given to the council to order or require any person, not being an officer of the council or other authorised person, to execute or do any work or thing, that power may be exercised by a resolution of the council, followed by an order or notice authenticated and served as provided in sections 252 and 253 of this Act.
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 670 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
671 Duties of occupier
-
[Repealed]
(1) If the occupier of any premises, when requested by any officer of the council or other person acting under the authority of the council, for the purpose of carrying into effect with respect to the premises any provisions of or under this Act, to state the name and address of the owner of the premises, or the agent of the owner, refuses or wilfully omits to disclose or wilfully mis-states that name or address, he commits an offence against this Act.
(2) If the occupier of any premises refuses or neglects to allow the owner thereof to carry into effect with respect to the premises any provisions of or under this Act, he commits an offence; and the owner shall not be liable to any fine to which he might otherwise have become liable by reason of his default during the period in respect of which he proves that his default was due to the refusal or neglect of the occupier.
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 671 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
672 Occupier may act if owner of premises makes default
-
[Repealed]
(1) Where default is made by the owner of any premises in the execution of any work required to be executed by him by or under this Act, the occupier of the premises may, with the approval of the council, cause the work to be executed.
(2) In such a case, and in any case in which any occupier is compelled to do any work or pay any money which ought primarily to be done or paid by the owner, the expense of the work or money so paid shall be repaid to the occupier by the owner; and the occupier may deduct the amount of that expense, or the money so paid, out of the rent from time to time becoming due from him to the owner.
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 672 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
673 Council may agree with owner to execute drainage and other works on private land
-
[Repealed]
(1) The council may, by agreement with and at the expense of the owner or occupier of any premises within the district, execute on or in connection with the premises any works in respect of the drainage or sanitation thereof, or the supply thereto of water, gas, or electricity, or any other works of any kind which the owner or occupier may be desirous of having executed or may be required to execute by or under this Act.
(2) The council may, by agreement with and at the expense of the owner of any land in the district, execute on or in connection with the land any works in respect of the subdivision and development of the land for housing purposes and the provision of services for such purposes.
(3) Money payable to the council under any agreement made pursuant to this section, together with such administrative and supervision charges, not exceeding 10 percent of the cost of execution of the work, as the council thinks fit, shall be recoverable from the owner or occupier, as the case may be, and until so paid is a charge on the land:
Provided that the person primarily liable for payment shall be the owner or occupier with whom the agreement to execute the work has been made.
(4) On being satisfied after full inquiry that undue hardship would be caused if the owner or occupier had to pay in full any amount due under this section, the council may, if it thinks fit, remit or postpone the payment of any interest by the owner or occupier, either wholly or partly or for any period or periods, and may also, if it thinks fit, remit or postpone the payment of any part of the capital money.
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (3) was amended, as from 1 April 1989, by section 208 Rating Powers Act 1988 (1988 No 97) by substituting the words
“shall be deemed to be a rate, and the provisions of the Rating Powers Act 1988 shall apply accordingly”
for the words“shall be deemed to be a rate, and the provisions of the Rating Act 1967 shall apply accordingly”
.Subsection (3) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“is a charge on the land”
for the words“shall be deemed to be a rate, and the provisions of the Rating Powers Act 1988 shall apply accordingly”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 673 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
674 Advances by council to land owners to meet emergency expenditure
-
[Repealed]
(1) Upon the application of the owner of any land in the district, and with the consent in writing of all persons having any registered interest in the land, the council may advance to the owner the whole or any part of the money required to remedy conditions that have arisen in relation to the land by reason of flood, drought, storm, landslip, earthquake, fire, or accident of any kind.
(2) Any such advance may be made out of money borrowed for the purpose or out of any money available for the purpose.
(3) The council and the owner may agree that the amount of any such advance shall be repayable in one sum at a fixed time, with interest at the rate fixed by the council, or by instalments extending over a number of years, with interest at the rate fixed as aforesaid. The agreement may contain any incidental provisions and may provide for the earlier payment of instalments, or any of them, on terms to be mentioned in the agreement:
Provided that where an agreement makes no provision as aforesaid for the early payment of instalments, the council shall accept the whole of the unpaid instalments at any time when payment is tendered, and for the purpose of any such tender interest shall be calculated and paid only up to and including the day of the tender.
(4) The agreement may, where the money is repayable in one amount, contain provisions for securing the repayment thereof, and where the money is repayable by instalments each such instalment shall, for all purposes, is a charge on the land:
Provided that the owner for the time being of the land shall be deemed to be the person primarily liable for payment.
(5) The capital money advanced by the council under this section may, when repaid, be advanced to other owners for the purposes aforesaid, and, subject thereto, all such capital money shall be applied in or towards the repayment of the money referred to in subsection (2) of this section, either by payment into the sinking fund (if any) in addition to the annual sinking fund payments required, if any, or in any such other manner as the council determines.
(6) Interest money on any such advances shall be applied in or towards payment of the interest or other annual charges in respect of the money referred to in subsection (2) of this section.
(7) Subject to subsection (4) of this section, all money payable to the council by the owner of any land in respect of any advances made under this section shall be a charge on that land.
(8) On being satisfied after full inquiry that undue hardship would be caused if the owner had to pay in full any amount due under this section, the council may, if it thinks fit, remit the payment of any interest by the owner, either wholly or partly or for any period or periods, and may also, if it thinks fit, remit or postpone the payment of any part of the capital money.
(9) Where the council is satisfied that the owner of any land in the district cannot by reason of his financial position be adequately assisted under the foregoing provisions of this section, the council may expend any money borrowed for the purpose of any emergency referred to in subsection (1) of this section, or any other available money, for the purpose of enabling or assisting the owner to remedy conditions that have arisen in relation to the land by reason of any of the causes specified in subsection (1) of this section.
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (3) was amended, as from 10 September 1999, by section 9 Local Government Amendment (No 4) Act 1999 (1999 No 108), by substituting the words
“by the council”
for the words“pursuant to section 221 of this Act”
.Subsection (4) was amended, as from 1 April 1989, by section 208 Rating Powers Act 1988 (1988 No 97) by substituting the words
“be deemed to be a rate, and the provisions of the Rating Powers Act 1988 shall apply accordingly”
for the words“be deemed to be a rate, and the provisions of the Rating Act 1967 shall apply accordingly”
.Subsection (3) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“is a charge on the land”
for the words“shall be deemed to be a rate, and the provisions of the Rating Powers Act 1988 shall apply accordingly”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 674 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
675 Grants and advances for conversion of domestic fires or installation of electric domestic heating
-
[Repealed]
(1) The council may make grants of money or make advances on such terms and conditions as it thinks fit (including, if the council thinks fit, a condition that the advance is to be free of interest) to—
(a) The owner of any premises for the purpose of enabling the owner to convert, modify, or renew any domestic fireplace or domestic heating apparatus so as to permit its operation in compliance with the requirements of the Resource Management Act 1991 and of any plan, rule, or regulation made under that Act:
(b) [Repealed]
(2) Instead of making a grant or advance under subsection (1) of this section to any owner the council may, by agreement with the owner, do the work itself, and all money spent by the council pursuant to the agreement together with an amount not exceeding 10 percent of the amount spent by the council shall be deemed to be an advance for the purposes of this section.
(3) Subsections (3) to (7) of section 463 and sections 464 and 465 of this Act (relating to advances in respect of drainage connections) shall apply with respect to every advance under this section as if it were an advance under section 463 and as if references in those provisions to drainage and related matters were references to matters in respect of which advances may be made under subsection (1) of this section.
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 675 was substituted, as from 14 August 1986, by section 13(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“Resource Management Act 1991 and of any plan, rule, or regulation made under that Act”
for the words“Clean Air Act 1972 and of any regulations or Order in Council made under that Act”
.Subsection (1)(b) was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Section 675 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
675A
-
[Repealed]
Section 675A was inserted, as from 23 October 1981, by section 23 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 675A was repealed, as from 14 August 1986, by section 13(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
676 Council may execute works on default by owner or occupier
-
[Repealed]
(1) Where by or under this Act any owner or occupier of private premises is required to execute, provide, or do any works, materials, or things on or in connection with any premises or otherwise, and—
(a) That owner or occupier, after notice requiring him to do so, makes default in commencing to comply with the notice within the time specified in the notice in that behalf, or if no such time is specified, then within a reasonable time; or
(b) If the work is certified in writing by any officer of the council to be of an urgent nature, and the contents of that certificate have been communicated to the owner or occupier, and the default is made for 24 hours from the time of that communication; and
(c) If in either case the owner or occupier does not thenceforth proceed with the work with all reasonable expedition,—
the council may, if it thinks fit, itself execute, provide, or do those works, materials, and things, and recover from the owner or occupier as a debt the cost thereof.
(2) Money payable to the council pursuant to subsection (1) of this section, together with such administrative and supervision charges, not exceeding 10 percent of the amount payable, as the council thinks fit, shall be recoverable from the owner or occupier, as the case may be, and until so paid is a charge on the land:
Provided that the person primarily liable for payment shall be the owner or occupier, as the case may be, who was in default.
(3) The council may destroy or sell or otherwise dispose of any materials resulting from the doing of any work by the council pursuant to this section, and, in the case of the sale of any materials, shall apply the proceeds of the sale towards payment of the amount payable to the council under subsection (1) of this section and pay the surplus (if any) to the owner.
(4) The exercise by the council of the powers conferred by this section shall not relieve any person from any penalty for failure to comply with the requirements of any notice under this Act.
(5) Any work done or to be done by the council pursuant to this section is hereby declared to be a public work for the purposes of the Public Works Act 1981.
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 1 April 1989, by section 208 Rating Powers Act 1988 (1988 No 97) by substituting the words
“shall be deemed to be a rate, and the provisions of the Rating Powers Act 1988 shall apply accordingly”
for the words“shall be deemed to be a rate, and the provisions of the Rating Act 1967 shall apply accordingly”
.Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“is a charge on the land”
for the words“shall be deemed to be a rate, and the provisions of the Rating Powers Act 1988 shall apply accordingly”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 676 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
677 Recovery of cost of works by council
-
[Repealed]
(1) Whenever the default of any person in doing any act is by or under this Act made an offence, and the council or any officer of the council is authorised to do the act in default of that person doing the act, the council may recover the cost thereof from the person so making default.
(2) Whenever the council has incurred any expenses on or in connection with any unoccupied land or premises which the owner is by or under this Act liable to repay to the council, and the owner is unknown, or his whereabouts are unknown, that cost, together with such administrative and supervision charges, not exceeding 10 percent of those expenses, as the council thinks fit, shall, until so paid, be deemed to be a rate and the provisions of the Rating Powers Act 1988 shall apply accordingly:
Provided that the owner shall be the person principally liable for payment.
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 1 April 1989, by section 208 Rating Powers Act 1988 (1988 No 97) by substituting the words
“shall be deemed to be a rate, and the provisions of the Rating Powers Act 1988 shall apply accordingly”
for the words“shall be deemed to be a rate, and the provisions of the Rating Act 1967 shall apply accordingly”
.Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“is a charge on the land”
for the words“shall be deemed to be a rate, and the provisions of the Rating Powers Act 1988 shall apply accordingly”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 677 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
678 Amounts payable in respect of private land
-
[Repealed]
(1) [Repealed]
(2) Where by this Act or any other Act any money paid for expenses incurred by the council in respect of or in relation to any private land is made a charge upon the land, the omission to register the charge shall not affect the liability of the person who is liable to pay the amount or the rights of the council under the charge as against him.
Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was repealed, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.
Section 678 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 43
Bylaws
Part 43 (comprising sections 679 to 692) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
679 This Part to be subject to Bylaws Act 1910
-
[Repealed]
Nothing in this Part of this Act shall derogate from any provision of the Bylaws Act 1910.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 679 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
680 Application of Part 43
-
[Repealed]
Paragraphs 1, 8 to 28, 31, 32, and 33A to 48 of section 684(1) and sections 684(2) and (3), 685, and 686 of this Act shall not apply with respect to any regional council.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 680 was substituted, as from 1 July 1992, by section 63 Local Government Amendment Act 1992 (1992 No 42).
Section 680 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
681 Procedure for making bylaws
-
[Repealed]
(1) Subject to any other provision of this Act, bylaws under this Act, and (unless the other Act otherwise provides) bylaws made by the council under any other Act, shall be made only in the manner and subject to the following conditions:
-
(a) They shall be made only by special order:
Provided that in publicly notifying the resolution making the order it shall not be necessary to set out the whole of the proposed bylaw if the object or purport of the bylaw is stated, and if a copy of the proposed bylaw is deposited at the office of the council or at some other place in the district which shall be specified in the notification, and is open to the inspection of the public during office hours for at least 21 days immediately preceding the meeting at which the resolution is to be confirmed:
(b) They may be amended before confirmation of the special order making them:
(c) They shall have the common seal of the council affixed thereto:
(d) They shall come into force on a day to be fixed in the resolution confirming the special order making the bylaws, which day shall not be earlier than 7 clear days after the date of the passing of that resolution.
(2) Any bylaw may in like manner be altered or revoked.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 681 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
682 General provisions as to bylaws
-
[Repealed]
With respect to bylaws under this Act, the following provisions shall apply:
(a) A bylaw may require any works or things to be executed or done of such materials or within such time or in such manner as is directed or approved in any particular case by the council or any officer thereof or by any other authorised person:
(b) A bylaw may leave any matter or thing to be determined, applied, dispensed with, prohibited, or regulated by the council from time to time by resolution, either generally or for any classes of cases, or in any particular case:
(c) A bylaw may provide for the licensing of persons and property and for the payment of reasonable licence fees, and may require sanitary and other works to be executed only by qualified and licensed persons:
(d) Bylaws may apply to any land, building, structure, reserve, cemetery, crematorium, public works, or other property vested in or controlled by the council, although situated outside the district.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 682 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
683 Penalty for breach of bylaws
-
[Repealed]
(1) Every person who commits a breach of any bylaw made, or deemed to have been made, under this Act is liable to a fine not exceeding $500 and, where the breach is a continuing one, to a further fine not exceeding $50 for every day on which the breach has continued.
(2) Where a person commits a continuing breach of any bylaw, then, notwithstanding anything in any other Act, a District Court may, on application by the council, grant an injunction restraining the further continuance of the breach by that person.
(3) An injunction may be granted under subsection (2) of this section,—
(a) Notwithstanding that proceedings for the offence constituted by the breach have not been taken; or
-
(b) Where the person is convicted of such an offence, either,—
(i) In the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or
(ii) In subsequent proceedings.
(4) The continued existence of any work or thing in a state, or the intermittent repetition of any action, contrary to any bylaw shall be deemed to be a continuing breach for the purposes of this section.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“District Court”
were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).Section 683 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
684AA Certain provisions of Local Government Act 2002 to apply to bylaws made under this Act
-
(1) Despite anything to the contrary in the Local Government Act 2002, sections 150, 151, 155, and 156 of that Act apply, with all necessary modifications, to any bylaw made under this Act.
(2) This section does not limit any other provisions of that Act that apply to a bylaw made under this Act.
Section 684AA was inserted, as from 28 June 2006, by section 30 Local Government Act 2002 Amendment Act 2006 (2006 No 26). See section 31 of that Act as to the transitional provision for long-term council community plans for the period beginning on 1 July 2006.
684 Subject-matter of bylaws
-
(1) Without limiting the power to make bylaws conferred on the council by any other provision of this Act or by any other Act, the council may from time to time make such bylaws as it thinks fit for all or any of the following purposes:
Constitutional and Management of District
(1) [Repealed]
(2) [Repealed]
(3) [Repealed]
(4) [Repealed]
(5) [Repealed]
(6) [Repealed]
(7) [Repealed]
Public Health and Wellbeing
(8) [Repealed]
(9) [Repealed]
(10) [Repealed]
(11) [Repealed]
(12) [Repealed]
Roads
(13) Concerning roads and cycle tracks and the use thereof, and the construction of anything upon, over, or under a road or cycle track:
(14) Regulating the use of any means of access constructed pursuant to section 319(1) of this Act:
(14A) Requiring the owner or occupier of any area of land on which a building is situated or the owner or occupier of any building or part of a building, being land or a building or part of a building to which a number has been allocated under section 319B of this Act, to display that number in a position visible from the road:
(15) Regulating, controlling, or prohibiting the display or continuance of the display, upon or over public buildings or bridges, or upon or over buildings, walls, fences, posts, trees, pavements, or hoardings, situated in or upon or adjoining any land or road the property of or under the control of the council, or the display or continuance of the display, in any manner so that it shall be visible from any such road or public place, of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes:
(16) Restricting or prohibiting the planting or erection, at or within a specified distance of corners, bends, or intersections on roads, of trees, shrubs, hedges, scrub, or other growth, or of fences or walls, which, in the opinion of the council are, or are likely to constitute, a source of nuisance or danger to traffic, and requiring the trimming or cutting down of such trees, shrubs, hedges, scrub, or other growth:
(17) Requiring any allotment in such parts of the district as are specified in the bylaws to be fenced along its line of frontage to any road, and to be kept clear of noxious plants:
(18) Prohibiting the cutting of grass for seed on roads or on any specified roads without the previous consent in writing of the council, either at all times or during any specified part of the year:
(19) Regulating the use of, and protecting, grass plots, flower beds, and shrubberies laid out in roads or on land vested in or under the control of the council (whether laid out before or after the commencement of this Part of this Act) by or under the authority of the council, and protecting trees growing on any roads or on land vested in or under the control of the council (whether planted by the council or not):
(20) Regulating or prohibiting the construction of cellars or the making of excavations within a specified distance from any road or any adjoining land, and preventing cellars and excavations from becoming a receptacle for stagnant water or other impure matter:
Land and Buildings
(21) [Repealed]
(22) [Repealed]
(23) [Repealed]
(24) [Repealed]
(25) [Repealed]
(26) [Repealed]
(27) [Repealed]
(28) [Repealed]
(29) [Repealed]
Recreation and Community Development
(30) [Repealed]
(31) [Repealed]
(32) [Repealed]
(33) [Repealed]
(33A) [Repealed]
(34) [Repealed]
Animals and Plants
(35) [Repealed]
(36) [Repealed]
(37) [Repealed]
Licensing and Inspection
(38) [Repealed]
(39) [Repealed]
(40) [Repealed]
(41) Subject in the case of a State highway to the prior consent of the New Zealand Transport Agency and to any conditions imposed by the Agency, permitting hawkers, pedlars, keepers of stalls (including vehicles used as stalls) and keepers of mobile or travelling shops to occupy stands in such roads, public places, and State highways as the council thinks fit, and fixing charges in respect of those permits:
-
(41A) Subject in the case of a State highway to the prior consent of the New Zealand Transport Agency, prohibiting hawkers, pedlars, keepers of stalls (including vehicles used as stalls), and keepers of mobile or travelling shops to occupy stands—
(a) In specified roads or State highways or parts of specified roads or State highways; or
(b) Where the presence of the stall or stand is likely to cause an obstruction or a danger to traffic, in any public place adjoining specified roads or State highways or parts of specified roads or State highways:
(42) [Repealed]
(43) [Repealed]
Miscellaneous, and Fees
(44) [Repealed]
(45) [Repealed]
(46) [Repealed]
(47) [Repealed]
(48) [Repealed]
(49) [Repealed]
(50) [Repealed]
(2) [Repealed]
(3) For the purposes of paragraphs (39) to (41A) of subsection (1) of this section,—
Mobile or travelling shop means a vehicle, whether self-propelled or not, from which goods, wares, or merchandise are offered or exposed for sale in the road, or from which goods, wares, or merchandise may be ordered in the road (whether or not in pursuance of any invitation to call with the goods, wares, or merchandise) or from which services are offered for sale in the road; but does not include any vehicle on or from which food is sold for consumption in or at the vehicle, or any vehicle used for the purpose of transporting and delivering goods, wares, or merchandise pursuant to a prior order placed for the delivery of the goods, wares, or merchandise
Keeper, in relation to any mobile or travelling shop, means the person by whom or on whose behalf any business is carried on by means of that mobile or travelling shop.
Part 43 (comprising sections 679 to 692) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1)(9) was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsection (1)(12) was amended, as from 1 November 1999, by section 8(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94) by substituting the words
“the Meat Act 1981 or the Animal Products Act 1999 and any regulations in force under those Acts”
for the words“the Meat Act 1981 and to any regulations in force in that Act”
.Subsection (1)(14A) was inserted, as from 29 April 1985, by section 37 Local Government Amendment Act 1985 (1985 No 60).
Subsection (1)(22) was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsection (1)(24), (1)(25), and (1)(27) were repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsection (1)(28) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words
“Subject to the Resource Management Act 1991,”
for the words“Subject to the Water and Soil Conservation Act 1967,”
.Subsection (1)(33) was substituted and subsection (1)(33A) was inserted, as from 1 July 1992, by section 61 Local Government Amendment Act 1992 (1992 No 42).
Subsection (1)(37) was amended, as from 10 April 1990, by section 37 Conservation Law Reform Act 1990 (1990 No 31) by substituting the word
“Conservation”
for the word“Forests”
.Subsection (1)(37) was repealed, as from 1 January 2000, by section 198 Animal Welfare Act 1999 (1999 No 142). See section 200 of that Act as to certain bylaws continuing in force.
Subsection (1)(41) was substituted, as from 1 April 1980, by section 49(1) Local Government Amendment Act 1980 (1980 No 82).
Section 684(1)(41): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (1)(41) was amended, as from 1 October 1989, by section 116(3)(a) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
, and by substituting the word“Authority”
for the word“Board”
Subsection (1)(41A) was inserted, as from 1 April 1980, by section 49(1) Local Government Amendment Act 1980 (1980 No 82).
Section 684(1)(41A): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (1)(41A) was amended, as from 1 October 1989, by 116(3)(a) Transit New Zealand Act 1989 (1989 No 75) by substituting the words
“Transit New Zealand”
for the words“the National Roads Board”
, and by substituting the word“Authority”
for the word“Board”
.Subsection (1)(49) was repealed, by section 26(2) Local Government Amendment Act (No 2) 1982.
Subsection (3) was amended, as from 1 April 1980, by section 49(2) Local Government Amendment Act 1980 (1980 No 82) by substituting the expression
“(39) to (41A)”
for the expression“(39), (40), and (41)”
.Section 684 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
684A Effect of Building Act 1991 on bylaws
-
[Repealed]
(1) A council may not make any bylaw under this Act that purports to have the effect of requiring any building to achieve performance criteria additional to or more restrictive than those specified in the Building Act 1991 or the building code.
(2) For the purposes of this section, the terms building, building code, and performance criteria have the meanings ascribed to them by the Building Act 1991.
Section 684A was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Section 684A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Navigation bylaws
684B Bylaws relating to navigation and related activities
-
A regional council may from time to time, by bylaw under this Act, do all or any of the following things in relation to waters within its region:
(a) Generally regulate and control, for the purposes of navigation and safety, the use or management of ships (including the mode and place of their mooring, anchoring, position, unmooring, and removal):
(b) Regulate the placing and maintenance of moorings and maritime facilities (which bylaws may not be inconsistent with the Resource Management Act 1991):
-
(c) Regulate and control, and prevent nuisances arising from,—
(a) The speed, use, anchoring, mooring, and management of ships and seaplanes:
(b) The towing of any thing or person:
-
(d) If the council is satisfied that such action is necessary in the interests of navigation safety,—
(i) Reserve any specified waters for use by any specified kind of ship or seaplane, or by any persons:
(ii) Regulate or prohibit the use of those waters by other ships or persons:
-
(iii) On the occasion of boat races, yacht races, launch races, or swimming races, or similar events,—
(A) Provide for the prohibition or regulation of the use of specified classes of ships:
(B) Regulate admission to specified areas or authorise the organisers of the event to regulate admission to specified areas:
(e) Regulate and control the use of any anchorage:
(f) Put in place ship traffic separation schemes and ship traffic management schemes:
-
(g) Specify requirements (which may not be inconsistent with maritime rules) for—
(i) The provision of life jackets and buoyancy aids on pleasure craft:
(ii) The wearing of life jackets and buoyancy aids by persons on pleasure craft:
-
(iii) The marking and identification of personal water craft; and, for the purposes of this subparagraph, a personal water craft is a power driven ship that—
(A) Has a fully enclosed hull; and
(B) Does not take on water if capsized; and
(C) Is designed to be operated by a person standing, sitting astride, or kneeling on it, but not seated within it:
-
(h) Fix fees and charges in respect of the use of any land, building, equipment, or other property, that is owned by the council and operated for navigation-related purposes, and in respect of navigation-related activities the council undertakes, including (without limitation) bylaws—
(i) Fixing fees and charges for any function, duty, power, or service carried out or exercised or provided by the council in respect of any ship, maritime facility, offshore installation, pipeline, oil transfer site, navigational aid, or marine farm, or in respect of navigation generally:
(ii) Fixing such fees and charges on the basis of the nature of the facility, the location and use of the facility, the size of the vessel, or on any other differential basis:
(iii) Specifying the persons who are liable to pay such fees and charges:
(i) Exempting specified classes of persons from compliance with any provision of the bylaws or providing for the council to exempt any person from compliance with any provision of the bylaws; and providing for the council to suspend the operation of any provision of the bylaws, in any class of case or in any particular case, in circumstances specified in the bylaws.
Section 684B and the heading
“Navigation Bylaws”
were inserted, as from 29 April 1999, by section 7 Local Government Amendment Act (No 2) 1999 (1999 No 24).
684C Navigation bylaws not to affect port operations
-
Bylaws made under section 684B may not limit or affect the ability of a port company or an operator of a port facility to manage its operations within areas owned or controlled by it, except to the extent the council considers necessary in the interests of navigation safety.
Sections 684C to 684F were inserted, as from 29 April 1999, by section 7 Local Government Amendment Act (No 2) 1999 (1999 No 24).
684D No marine pollution charges
-
(1) Nothing in section 684B permits a council to make any navigation bylaw imposing any charges in respect of its responsibilities in relation to oil pollution.
(2) Any navigation bylaw in force immediately before the commencement of this section ceases to have effect to the extent that it imposes any charges in respect of a council's responsibilities in relation to oil pollution.
(3) In this section, oil has the same meaning as in section 222(1) of the Maritime Transport Act 1994.
Sections 684C to 684F were inserted, as from 29 April 1999, by section 7 Local Government Amendment Act (No 2) 1999 (1999 No 24).
684E General provisions relating to navigation bylaws
-
(1) Navigation bylaws may apply—
(a) Generally to navigation or associated activities in or on waters under the control, and within the region, of a regional council; or
(b) To navigation or associated activities in or on specified waters within the region of a regional council or specified parts of such specified waters.
(2) Despite section 682(c), navigation bylaws may not impose licensing requirements in respect of any aspect of commercial shipping operations that is subject to any requirement contained in any maritime rule, but nothing in this subsection prevents navigation bylaws imposing licensing requirements in respect of other aspects of commercial shipping operations.
(3) No navigation bylaw concerning any ship traffic separation scheme or ship traffic management scheme may come into force unless the Director has approved the content of the bylaw.
(4) Except as otherwise expressly provided in this Part, navigation bylaws may not be inconsistent with the Lakes District Waterways Authority (Shotover River) Empowering Act 1985, the Resource Management Act 1991, the Northland Regional Council and Far North District Council Vesting and Empowering Act 1992, or the Maritime Transport Act 1994.
Sections 684C to 684F were inserted, as from 29 April 1999, by section 7 Local Government Amendment Act (No 2) 1999 (1999 No 24).
684F Council must consult Director
-
Before making a navigation bylaw concerning a matter for which a maritime rule may be made, a regional council must consult the Director of Maritime New Zealand about the proposed bylaw.
Part 43 (comprising sections 679 to 692) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 684F was amended, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98) by substituting the words
“Maritime New Zealand”
for the words“Maritime Safety”
.
685 Licences to hawkers and pedlars
-
[Repealed]
The council may agree with any other council or councils, upon such terms and conditions as they think fit, to the issue to hawkers and pedlars by any one of the councils of licences granted under bylaws of the several councils covering the districts of all councils which are parties to the agreement.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 685 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
686 Bylaws as to billiard rooms, amusement galleries, and shooting galleries
-
[Repealed]
(1) The council, in considering any application for any billiard room or amusement gallery or shooting gallery licence, may take into account the question whether the locality in which the proposed billiard room or amusement gallery or shooting gallery is situated is suitable, and may, if it considers it undesirable that the billiard room or amusement gallery or shooting gallery licence should be granted within that locality, refuse to grant the licence.
(2) The council may refuse to issue or extend a licence for a billiard room or an amusement gallery or a shooting gallery if it is satisfied that the applicant, or, in the case of an application by a company, any officer of the company, is not a person of good character.
(3) On being satisfied that any condition of a licence for a billiard room or an amusement gallery or a shooting gallery has not been complied with by the licensee, or that the premises are being used in a disorderly manner so as to be obnoxious to the neighbouring inhabitants or to the public or are being used for purposes other than those stated in the licence, or that, where the licensee is a company, a person who is not of good character has become an officer of the company, the council may cancel or suspend the licence.
(4) Before refusing a licence or an extension of a licence under subsection (2) of this section or cancelling or suspending a licence, the council shall give to the applicant or, as the case may be, the licensee an opportunity to be heard before a committee of the council.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 686 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
687 Enforcement and administration of regional bylaws
-
[Repealed]
(1) Where a regional council has made a bylaw in respect of any function undertaken by the regional council, any constituent authority, may, with the consent of the regional council, undertake within its own district the enforcement and administration of that bylaw.
(2) Where any bylaw is enforced and administered under subsection (1) of this section, all fines imposed for breaches of that bylaw committed within the constituent district shall, subject to section 73 of the Public Finance Act 1989, be paid to the constituent authority, as the case may be, and be dealt with by it as if they were fines imposed in respect of breaches of a bylaw of that constituent authority.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 687 was substituted, as from 1 July 1992, by section 65 Local Government Amendment Act 1992 (1992 No 42).
Section 687 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
688 Metric conversions of bylaws
-
[Repealed]
(1) Notwithstanding anything in section 681 of this Act or in any other Act, the council may, by resolution, amend any bylaw made by the council under this Act or any other Act by converting into its metric equivalent or near metric equivalent any Imperial weight or measure specified in the bylaw:
Provided that where under this subsection any Imperial weight or measure is converted into its near metric equivalent, no person shall be subject to any liability which is greater than that to which he would have been subject if the weight or measure had been converted into its metric equivalent.
(2) For the purposes of this section—
(a) The metric equivalent of any Imperial weight or measure shall be that shown in respect of that weight or measure in New Zealand Standard Specification NZS 6502:1972:
(b) Any metric weight or measure shall be deemed to be a near equivalent of an Imperial weight or measure if it does not differ by more than 10 percent from the metric equivalent of that Imperial weight or measure.
(3) Notwithstanding anything in subsection (1) of this section, anything done before the coming into force of any amendment made to any bylaw pursuant to that subsection which was valid when it was done shall not be invalidated by reason of that amendment.
(4) Notwithstanding anything in this Act or any other Act, where under any provision of this Act or of any other Act any bylaw made by the council does not have effect unless it is consented to or approved by any Minister, any amendment of that bylaw duly made pursuant to subsection (1) of this section shall have effect according to its tenor, and the consent or approval of that Minister to the amendment shall not be necessary.
(5) Where under any provision of this Act or of any other Act any bylaw made by the council does not have effect unless it is consented to or approved by any Minister, any bylaw amending that bylaw by converting any Imperial weight or measure into a metric weight or measure shall have effect, according to its tenor, without the consent or approval of that Minister, if the conversion is made in accordance with a scale of conversion recommended in any publication of the Standards Association of New Zealand that has been approved, so far as it relates to the recommended scale of conversion of that Imperial weight or measure, by that Minister by notice in the Gazette.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 688 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
689 Council to provide copies of bylaws
-
[Repealed]
The council shall cause copies of all bylaws to be kept at the office of the council, and may make a reasonable charge to any person applying for the same.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 689 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
690 Power to join with other bodies to make bylaws
-
[Repealed]
(1) The council may join with any other council (whether of the same kind or not) in making bylaws to be in force throughout the districts within the jurisdiction of the councils making the bylaws:
Provided that the powers conferred by this section shall be exercisable only as regards matters in respect of which those councils have similar powers of making bylaws.
(2) Where 2 or more councils agree to make joint bylaws as aforesaid, they may do so either by holding separate meetings of each council and passing similar special orders, or by meeting together either by one or more delegates from each council, in which case the voting shall be by the delegates of each council, or the majority of them, exercising one vote on behalf of the council they represent.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 690 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
690A Prescription of fees by bylaw or by resolution
-
[Repealed]
(1) The council may, from time to time, by bylaw or by resolution publicly notified, prescribe the fees payable in respect of any certificate, authority, approval, consent, or service given, or inspection made by the council under this Act or any other enactment in any case where that provision or enactment contains no provision authorising the council to charge a fee, and does not provide that the certificate, authority, approval, consent, service, or inspection is to be given or made free of charge.
(2) Any such bylaw or resolution may provide for the refund, remission, or waiver of any such fee in specified situations or in such situations as the council may determine.
(3) Any bylaw made under subsection (1) of this section may confer upon the council the power to prescribe by resolution publicly notified the fees that may be prescribed under that subsection.
(4) The fees prescribed under subsection (1) of this section shall be such as to recover no more than the reasonable costs incurred by the council in respect of the matter for which the fee is charged.
(5) The council shall ensure that copies of all bylaws and resolutions made under subsection (1) or subsection (3) of this section are available for public inspection free of charge at the office of the council during ordinary office hours.
Section 690A was inserted, as from 17 December 1982, by section 26 Local Government Amendment Act (No 2) 1982 (1982 No 166).
Section 690A was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
691 Regulations applying to outlying islands not included in district of territorial authority
-
[Repealed]
(1) The Governor-General may from time to time, by Order in Council, make regulations providing for any matter specified in section 544 or paragraphs (8), (10), (13), (17), (20) to (24), (47) and (48) of section 684(1) of this Act.
(2) Regulations made under this section—
(a) Shall be in force in such one or more of the outlying islands adjacent to the coast of the North Island or of the South Island (being islands that do not for the time being form part of the district of any territorial authority or any community) as are specified in the regulations; and
(b) Shall have effect as if they were bylaws made by a territorial authority and the island or islands in which they are in force formed part of the district; and
(c) May authorise the Minister of Local Government, or any officer of the Department of Internal Affairs to whom that Minister may from time to time delegate those powers (whether by name or as the holder for the time being of any specified office), to exercise in respect of the island or islands in which the regulations are in force, or of such of those islands as are specified in the regulations, such powers as are specified in the regulations.
(3) For the purposes of subsection (1) of this section, the provisions of the paragraphs referred to in that subsection shall apply as if—
(a) References therein to the district were references to the island or islands in which regulations made under this section are for the time being in force:
(b) References therein to bylaws were references to regulations made under this section:
(c) The reference in paragraph (47) to the council were a reference to the Minister of Local Government or any officer of the Department of Internal Affairs specified in the regulations:
(d) The reference in paragraph (21) to this Act were a reference to regulations made under this section.
(4) Sections 682, 683, and 692 of this Act, as far as they are applicable and with any necessary modifications, shall apply with respect to any regulations made under this section as if—
(a) They were bylaws made by a council:
(b) The references in those sections to a council were references to the Minister of Local Government:
(c) The references in those sections to an officer of the council were references to an officer of the Department of Internal Affairs.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 691 was amended, as from 1 April 1988, by section 24(a) Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Minister of Local Government”
for the words“Minister of Works and Development”
.Section 691 was amended, as from 1 April 1988, by section 24(b) Local Government Amendment Act 1988 (1988 No 71) by substituting the words
“Department of Internal Affairs”
for the words“Ministry of Works and Development”
.Subsection (4) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the expression
“641”
.Section 691 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692 Removal of works executed contrary to bylaws
-
[Repealed]
(1) A bylaw may authorise the council, or any officer or agent of the council, to pull down, remove, or alter any work, material, or thing erected or being in contravention of any bylaw, and to recover from the person committing the breach all expenses incurred by the council in connection with the pulling down, removal, or alteration.
(2) The exercise of this authority shall not relieve any person from liability to any penalty incurred by reason of the breach.
Part 43, comprising sections 679 to 692, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 692 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 43A
Commissioner for disaster recovery
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
692A Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires,—
Commissioner means a Commissioner for Disaster Recovery appointed under section 692B of this Act
Deputy Commissioner means a Deputy Commissioner appointed under section 692C of this Act.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 692A was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692B Commissioner for Disaster Recovery
-
[Repealed]
(1) The Governor-General may from time to time, by Order in Council, appoint any person as the Commissioner for Disaster Recovery for the district of any local authority where—
(a) a state of emergency declared under the Civil Defence Emergency Management Act 2002 is current or has just expired in relation to the district of the local authority; and
(b) The local authority concerned is unable adequately to exercise its powers, functions, and duties.
(2) The Commissioner shall hold office for such term, not exceeding 3 months, as shall be specified in the Order in Council by which he is appointed, and may from time to time be reappointed.
(3) Any Commissioner may at any time be removed from office by the Governor-General for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General, or may at any time resign his office by writing addressed to the Minister.
(4) A Commissioner may be appointed under this section in respect of one or more local authorities.
(5) No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason of his being a Commissioner.
Part 43A, (comprising sections 692A to 692K), was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Subsection (1)(a) was amended by substituting the
“Civil Defence Act 1983”
for the repealed“Civil Defence Act 1962”
.Subsection (1)(a) was substituted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.
Subsection (3) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words
“inability to perform the functions of the office”
for the word“disability”
.In subsection (5) the expression
“State Sector Act 1988”
has been substituted, as from 1 April 1988, for the expression“State Services Act 1988”
pursuant to section 90(a) State Sector Act 1988 (1988 No 20).Section 692B was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692C Deputy Commissioner for Disaster Recovery
-
[Repealed]
(1) The Governor-General may appoint one or more persons as Deputy Commissioners for Disaster Recovery in the same manner as he may appoint a Commissioner.
(2) Subsections (2) to (5) of section 692B of this Act shall apply to a Deputy Commissioner as if he were a Commissioner.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 692C was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692D Functions of Commissioner
-
[Repealed]
The Commissioner shall have the function of restoring local government administration and the services and amenities provided by the local authority or local authorities over whose district or districts he has been appointed, and such other functions as may be conferred upon him by this or any other Act.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 692D was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692E Commissioner to exercise and perform powers, functions, and duties of local authority
-
[Repealed]
(1) The Commissioner, in the name and on behalf of the local authority, may exercise any power and shall perform all the functions and duties conferred or imposed on the local authority by this or any other Act, or by any instrument or otherwise.
(2) Any powers, functions, or duties conferred by any Act or otherwise on the Chairman or on any other member or members of the local authority, whether solely or in conjunction with any other person or persons, may be exercised and performed by the Commissioner.
(3) The Commissioner shall, in the name and on behalf of the local authority, Chairman, or any other member or members of the local authority, as the case may require, be entitled to exercise all the rights and entitlements conferred in any manner on the local authority, or on the Chairman or any member or members of the local authority in his or their capacity as Chairman or member or members of the local authority.
(4) Any power given to the local authority to do any thing by special order or special resolution or to make any bylaw may be exercised by the Commissioner by a special entry in the minute book of the local authority, signed by the Commissioner and confirmed by him by a similar entry made not earlier than 21 clear days after the date of that special entry.
(5) In exercising any power in the manner prescribed by subsection (4) of this section the Commissioner shall comply, as near as is reasonably practicable in the circumstances, with the requirements relating to public notice that the local authority would have had to comply with had it made the special order, special resolution, or bylaw.
(6) In particular, and without limiting the powers conferred on a Commissioner by subsection (1) of this section, the Commissioner may exercise all the powers of the local authority to set, assess, and recover rates, charges, and assessments within the district and any out-district and expend the proceeds of the rates, charges, and assessments.
(7) Any document that is required to be executed under the seal of the local authority may be executed under that seal and verified by the signature of the Commissioner.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Subsection (6) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“set, assess”
for the words“make, levy”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 692E was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692F Powers, functions, and duties of Deputy Commissioner
-
[Repealed]
Every Deputy Commissioner shall have such powers, functions, and duties of the Commissioner as may be conferred upon him by the Order in Council by which he is appointed, or by any subsequent Order in Council, and such other powers as may be delegated to him by the Commissioner, or conferred upon him by this or any other Act.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 692F was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692G Commissioner and Deputy Commissioner not to be personally liable
-
[Repealed]
No Commissioner or Deputy Commissioner shall be personally liable for any act done or omitted to be done by him in good faith in pursuance or intended pursuance of the powers, functions, or duties conferred on him as a Commissioner or Deputy Commissioner under this or any other Act.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 692G was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692H Local authority and members not to act while Commissioner in office
-
[Repealed]
While a Commissioner is in office, the local authority, the Chairman of the local authority, and any member of the local authority shall not exercise or purport to exercise any power, right, or entitlement, or perform or purport to perform any function or duty conferred or imposed on it or him in that capacity by this or any other Act, or by any instrument or otherwise.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 692H was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692I Appointment and function of advisory committee
-
[Repealed]
(1) As soon as practicable after taking office the Commissioner shall appoint one or more advisory committees whose members shall be all members of the local authority or local authorities whose powers, functions, and duties the Commissioner has been appointed to exercise and perform, and such officers of that local authority or those local authorities as the Commissioner thinks fit.
(2) The function of the advisory committee shall be to advise the Commissioner on any matter relating to the exercise of his powers, rights, or entitlements or the performance of his functions or duties.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 692I was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692J Advances and guarantees of advances to Commissioner
-
[Repealed]
(1) The Minister of Finance may from time to time advance to the Commissioner on behalf of the local authority out of public money, without further appropriation than this section, such funds as he thinks fit to enable the Commissioner to exercise his powers and perform his functions and duties.
(2) The Minister of Finance may from time to time, on behalf of the Crown, give in respect of any advances made to the Commissioner on behalf of the local authority a guarantee, indemnity, or security under the Public Finance Act 1989.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Subsection (1) was amended, as from 1 July 1989, by section 86(1) Public Finance Act 1989 (1989 No 44) by substituting the words
“public money”
for the words“the Consolidated Account or the Loans Account”
.Subsection (2) was amended, as from 1 July 1989, by section 86(1) Public Finance Act 1989 (1989 No 44) by substituting the words
“the Public Finance Act 1989”
for the words“section 86 of the the Public Finance Act 1977”
.Section 692J was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692K Remuneration and expenses
-
[Repealed]
(1) All expenditure incurred by a Commissioner or Deputy Commissioner in exercising his powers and performing his functions under this Act or any other enactment, and the remuneration, allowances, and expenses of the Commissioner, Deputy Commissioner, and members of the advisory committee shall be paid out of the funds of the local authority.
(2) Where a Commissioner or Deputy Commissioner has been appointed in respect of more than one local authority the expenditure, remuneration, allowances, and expenses referred to in subsection (1) of this section shall be apportioned between those local authorities in such manner as the Commissioner shall determine.
(3) There shall be paid to a Commissioner, Deputy Commissioner, and every member of the advisory committee appointed under section 692I of this Act who is not an officer of the local authority or local authorities over whose district or districts the Commissioner has been appointed, such remuneration by way of salary, fees, and allowances as may be fixed from time to time by the Minister with the concurrence of the Minister of Finance.
(4) There shall be paid to the Commissioner, every Deputy Commissioner, and every member of the advisory committee appointed under section 692I of this Act who is not an officer of the local authority or local authorities over whose district or districts the Commissioner has been appointed, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if such persons were members of a statutory Board within the meaning of that Act.
Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 692K was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 43B
Ministerial reviews of local authorities
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
692L Interpretation
-
[Repealed]
In this Part of this Act, unless the context otherwise requires, review authority means any person or persons whom the Minister has appointed under section 692P of this Act to carry out a review under this Part of this Act.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692L was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692M Power of Minister to initiate review
-
[Repealed]
(1) Where the Minister considers that—
(a) There has been a significant or persistent failure by a local authority to meet its obligations under this Act or any other Act; or
(b) There has been significant and identifiable mismanagement of the resources of a local authority; or
(c) There is a significant and identifiable deficiency in the management or decision-making processes of a local authority,—
the Minister may, subject to sections 692N and 692O of this Act, appoint a review authority to review, consider, and report on the performance of the local authority, either generally or in respect of any particular matter specified by the Minister.
(2) Any report made pursuant to subsection (1) of this section shall be made to the Minister and shall contain such recommendations as the review authority thinks fit (including a recommendation that the Minister appoint, under section 692W of this Act, a commission to act in the place of the local authority).
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692M was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692N Requirement to consult
-
[Repealed]
(1) The Minister shall, before appointing a review authority under section 692M of this Act, give—
(a) To the local authority to which the review would relate; and
(b) To the New Zealand Local Government Association Incorporated; and
(c) To the New Zealand Society of Local Government Managers Incorporated,—
a written notice specifying the reasons why the Minister considers a review is required and the particular matters the Minister considers should be reviewed.
(2) The notice shall invite the local authority to give to the Minister, within such period (being not less than 20 working days after the date of the notice) as may be specified in the notice, such written comments as the local authority wishes to make about—
(a) The need for the review and the particular matters proposed to be reviewed; and
(b) Any steps that the local authority is taking, or is intending to take, that may obviate the need for a review.
(3) The notice shall invite the New Zealand Local Government Association Incorporated and the New Zealand Society of Local Government Managers Incorporated to give to the Minister, within such period (being not less than 20 working days after the date of the notice) as may be specified in the notice, such written comments as the Association or the Society wishes to make about the need for a review and the particular matters proposed to be reviewed.
(4) Where any matter proposed to be reviewed under this Part of this Act is likely to be of concern to—
(a) Any other Minister; or
(b) The Audit Office,—
the Minister shall seek from that other Minister or from the Audit Office or from both their comments on the need for a review and on the particular matters proposed to be reviewed.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692N was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692O Decision in relation to reviews
-
[Repealed]
(1) The Minister, after considering any comments received under section 692N of this Act, shall decide—
(a) That the review, as originally proposed, should proceed; or
(b) That the review should proceed in relation to matters different from those originally proposed; or
(c) That the review should proceed in relation to both the matter originally proposed and matters different from those originally proposed; or
(d) That the review should not proceed.
(2) The Minister, on making a decision under subsection (1) of this section, shall give written notice of that decision to the persons whose comments were sought under section 692N of this Act.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692O was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692P Appointment of review authority
-
[Repealed]
The Minister may appoint—
(a) The Secretary for Local Government; or
(b) The Local Government Commission; or
(c) One or more persons nominated by the New Zealand Local Government Association Incorporated; or
(d) One or more persons nominated by the New Zealand Society of Local Government Managers Incorporated; or
(e) Any other person or persons with relevant expertise; or
(f) Any two or more of the persons listed in paragraphs (a) to (e) of this section—
to be a review authority to carry out a review under this Part of this Act.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692P was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692Q Notice of review to be published in Gazette
-
[Repealed]
Where the Minister appoints a review authority under section 692P of this Act, the Minister shall forthwith publish in the Gazette notice of the appointment, which notice shall include—
(a) The names of the person or persons appointed to be a review authority; and
(b) The particular matters to be reviewed; and
(c) The date by which the report of the review authority is to be submitted to the Minister.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692Q was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692R Remuneration
-
[Repealed]
The Minister may provide for the payment to any person to whom paragraph (c) or paragraph (d) or paragraph (e) of section 692P of this Act applies of such fees as the Minister thinks fit, and may reimburse any such person for expenses reasonably incurred in the course of a review.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692R was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692S Procedure
-
[Repealed]
(1) Every review authority is hereby deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to this Act, the provisions of that Act (except section 2 and sections 11 to 15), as far as they are applicable, shall apply accordingly.
(2) In the course of carrying out a review, a review authority may—
(a) Submit more than one report to the Minister:
(b) Request the Minister to amend the particular matters to be reviewed:
(c) Request the Minister to alter the date by which the review authority is required to report to the Minister.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692S was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692T Action on receipt of report
-
[Repealed]
The Minister shall, on receiving a report of a review authority, refer a copy of that report to each of the persons from whom comments were sought under section 692N of this Act and each such person may, within 20 working days after receiving the copy, give to the Minister that person's written comments on the findings and recommendations of the report.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692T was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692U Implementation of recommendations
-
[Repealed]
(1) If the Minister, after considering a report of a review authority, and any comments received under section 692T of this Act, and any other matters the Minister considers relevant, considers that any action, omission, or practice on the part of the local authority, which was a subject of the review, requires rectification or alteration, the Minister may, subject to subsection (2) of this section, by written notice given to the local authority,—
(a) Require the local authority to implement any of the recommendations in the report relating to that action, omission, or practice; and
(b) Specify the date by which any such recommendation is to be implemented (which date shall not be less than 20 working days after the date of the notice).
(2) The Minister shall, before giving a notice under subsection (1) of this section, first obtain the views of the local authority both on the practicability of implementing recommendations and on the time within which they may reasonably be expected to be implemented.
(3) As soon as practicable after a notice is given under subsection (1) of this section, a copy of that notice shall be both published in the Gazette and publicly notified in the district of the local authority.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692U was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692V Minister may provide for implementation of recommendations
-
[Repealed]
(1) If, by the date specified in a notice given under section 692U of this Act (or such later date as may be subsequently determined by the Minister), any requirement has not been implemented by the local authority to the satisfaction of the Minister, the Minister may appoint one or more persons (including any officer of the public service) to exercise or perform all or any of the functions, duties, and powers of the local authority to the extent necessary to provide that the recommendations of the report may be implemented.
(2) Any person appointed under subsection (1) of this section to exercise the functions, duties, and powers of a local authority may do so as if the person were the local authority.
(3) All costs, charges, and expenses incurred by the Minister under subsection (1) of this section, or by a person appointed by the Minister under subsection (1) of this section, in exercising or performing the functions, duties, and powers of a local authority shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692V was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692W Implementation of recommendations for appointment of commission
-
[Repealed]
(1) The Minister may, on the recommendation of a review authority appointed under section 692M of this Act and after considering any comments received under section 692T of this Act, by notice in the Gazette, appoint a commission with power to act, within the scope of its authority, in place of the local authority.
(2) A copy of every notice published under subsection (1) of this section shall be sent by the Minister to the local authority.
(3) Nothing in this section limits the provisions of sections 692B and 721 of this Act.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692W was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692X Membership of commission
-
[Repealed]
(1) A commission appointed under section 692W of this Act shall consist of one or more suitable persons appointed by the Minister.
(2) If any commission appointed under section 692W of this Act consists of more than one member, one of the members shall be appointed by the Minister to be the chairperson of the commission.
(3) Every person appointed as a commission or as a member of a commission under this section shall hold office during the pleasure of the Minister.
(4) On the vacation of office by any person appointed under this section, whether by death, resignation, or otherwise, the Minister may appoint a suitable person in his or her stead.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692X was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692Y Powers of commission
-
[Repealed]
(1) Except so far as may be otherwise specified in the notice appointing a commission under section 692W of this Act or in a subsequent notice in the Gazette under the hand of the Minister,—
(a) Every commission appointed under section 692W of this Act shall have and may exercise, to the exclusion of the local authority, all the functions, duties, and powers of the local authority:
(b) Any functions, duties, and powers conferred by any Act or otherwise on the chairperson or on any other member or members of the local authority, whether solely or in conjunction with any other person or persons, may be performed or exercised by the commission where the commission consists of a single person, and in any other case may be performed or exercised by the chairperson of the commission:
(c) In particular, but without prejudice to the generality of paragraphs (a) and (b) of this subsection, cheques drawn on any account held by the local authority in any bank and required by this Act to be countersigned by a member or officer of the local authority shall be sufficiently countersigned if countersigned by the commission or by the chairperson of the commission, as the case may be.
(2) Any power given to the local authority to do anything by special order or the special consultative procedure or to make any bylaw may be exercised by the commission by a special entry in the minute book of the local authority, signed by the person holding office as the commission or as the chairperson of the commission, as the case may require, and confirmed by the person or chairperson by a similar entry made not earlier than 21 clear days after the date of that special entry.
(3) In exercising any power in the manner prescribed by subsection (2) of this section, the commission shall comply, as near as is reasonably practicable in the circumstances, with the requirements relating to public notice that the local authority would have had to comply with if the power had been exercised by special order, special consultative procedure, or bylaw.
(4) In particular, and without limiting the powers conferred on the commission by subsection (1) of this section, the commission may exercise all the powers of the local authority to set, assess, and recover rates and charges within the district and expend the proceeds of the rates and charges.
(5) Any document that is required to be executed under the seal of the local authority may be executed under that seal and verified by the signature of the person holding office as the commission or as the chairperson of the commission, as the case may require.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Subsection (4) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“set, assess”
for the words“make, levy”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 692Y was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692Z General provisions relating to commission
-
[Repealed]
(1) While a commission is in office under section 692W of this Act in respect of any local authority, all acts done by the commission in the purported exercise of any of the powers of the local authority, whether such powers have been expressly included in the powers of the commission or not, shall, except in the case of fraud, be as valid as if a commission had not been appointed and the acts had been done by the local authority in the ordinary course of the conduct of its business.
(2) There shall be paid to every person appointed as a commission or as a member of a commission under section 692W of this Act remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the commission were a statutory Board within the meaning of that Act.
(3) All expenditure incurred by the commission in carrying out its functions under this Act or any other Act, including the remuneration and travelling allowances and expenses of the commission, shall be paid out of money belonging to the local authority.
(4) Nothing in this section shall exclude or affect any other remedy available against a local authority, or the members thereof, or any other person, in respect of any illegal act or omission done or intended to be done by the local authority or the members thereof or any other person.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692Z was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692ZA Members not to act while commission in office
-
[Repealed]
While a commission is in office, the chairperson of the local authority, and any member of the local authority, shall not exercise or purport to exercise any power, right, or entitlement, or perform or purport to perform any function or duty conferred or imposed on it or him or her in that capacity by this or any other Act, or by any instrument or otherwise and shall not be entitled to be paid in that capacity any salary, allowances, or expenses under Part 4C of this Act.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692ZA was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692ZB Publication of report
-
[Repealed]
(1) Subject to subsection (2) of this section, the Minister shall publish every report prepared under this Part of this Act.
(2) Where the withholding of information contained in a report prepared under this Part of this Act is necessary for any of the reasons specified in section 6 or section 7 of the Local Government Official Information and Meetings Act 1987, the Minister shall not publish, as the case may require, the report or the part of the report in which the information is contained.
Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).
Section 692ZB was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 43C
Removal orders
Application for removal order
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
692ZC Interpretation
-
[Repealed]
For the purposes of sections 692ZD to 692ZN, unless the context otherwise requires,—
Alter, in relation to any fence, structure, or vegetation, includes the removal of all or part of the fence, structure, or vegetation, where that removal is associated with its rebuilding or re-erection or replanting in a form specified in the removal order; and alteration has a corresponding meaning
Applicant means any territorial authority or any member of the Police who applies for a removal order under section 692ZD
Controlled drug means any controlled drug within the meaning of the Misuse of Drugs Act 1975
Court means a District Court; and includes a District Court Judge
Crime involving dishonesty means any crime involving dishonesty within the meaning of section 2(1) of the Crimes Act 1961
Plan means a plan within the meaning of the Resource Management Act 1991
Proceeds means any property that is derived or realised, directly or indirectly, by any person from the commission of a serious offence
Proposed plan means a proposed plan within the meaning of the Resource Management Act 1991
Removal order or order means an order made under section 692ZD to remove or alter any fence, structure, or vegetation
Respondent means the person against whom an application for a removal order has been made; and includes a person against whom a removal order is made
Serious offence means an offence punishable by imprisonment for a term of 5 years or more
Tainted property means—
(a) Property used to commit, or to facilitate the commission of, a serious offence; or
(b) Proceeds of a serious offence:
Unauthorised weapon means—
(a) Any article made or altered for use, or capable of being used, for causing bodily injury; or
(b) Any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983,—
in respect of which any offence against the Arms Act 1983 or any indictable offence has been or is about to be committed.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZC was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692ZD Application for removal order
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[Repealed]
(1) Any territorial authority or any member of the Police may, without notice to any person, apply to a District Court in the prescribed form for a removal order requiring the owner or occupier of any property to remove or alter any fence, or any structure (whether or not forming part of any dwellinghouse or other building), or any vegetation.
(2) The Court may make an order under subsection (3) if the Court is satisfied that the property is occupied, or regularly used, by persons who have been convicted of, or have committed, or are committing, or are likely to commit, offences, and the fence, structure, or vegetation—
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(a) Has facilitated or contributed to, is facilitating or contributing to, or is intended to facilitate or contribute to,—
(i) The concealment on the property of any unauthorised weapon or any controlled drug or any tainted property or any property that is stolen or obtained by a crime involving dishonesty; or
(ii) The avoidance of detection or arrest of any person or persons believed or reasonably suspected to have committed any offence or offences; or
(iii) The commission of any offence or offences by any person or persons on or from the property; or
(b) Is intended to injure any person.
(3) The Court may—
(a) Order that the fence, structure, or vegetation be removed or altered (or that part of the fence, structure, or vegetation be removed and that part of it be altered); and
(b) Order that any thing attached to the fence, structure, or vegetation be removed as a consequence of the removal or alteration ordered under paragraph (a); and
(c) Make any consequential order that the Court thinks fit; and
(4) On making a removal order under this section, the Judge may, on application or on his or her own motion, give directions—
(a) As to the manner in which the order is to be served on any person on whom the order must be served under subsection (5)(a); and
(b) That the order be served on any person not referred to in subparagraphs (i) to (iv) of subsection (5)(a) who is likely to be affected by the outcome of the proceedings; and
(c) As to any other matter relating to service of the order on any person.
(5) A removal order does not take effect unless—
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(a) A copy of the order is served in accordance with rules of Court or any directions given under subsection (4) on—
(i) The respondent; and
(ii) Where the respondent is not the owner of the property to which the order relates, the owner of the property; and
(iii) Any mortgagee of the property to which the order relates; and
(iv) The owner of any property adjoining the property to which the order relates; and
(v) Any person whom the Court has directed to be served under subsection (4)(b); and
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(b) Either—
(i) No objection is made in accordance with section 692ZG by the respondent or any other person entitled to object to the order under that section; or
(ii) Where an objection or objections are made, the Court, after considering the objection or objections, confirms the order under section 692ZI, whether with or without variation.
(6) Notwithstanding section 701, an application made under this section must be made as provided in section 692ZN and in rules of Court.
(7) A removal order may be made under this section notwithstanding that the fence, structure, or vegetation—
(a) Does not contravene a rule in a plan or in a proposed plan to which section 19 of the Resource Management Act 1991 applies; or
-
(b) Has been constructed or is otherwise in accordance with—
(i) A resource consent granted pursuant to the Resource Management Act 1991; or
(ii) A building consent granted pursuant to the Building Act 1991.
(8) The provisions of this Part are in addition to, and not in derogation of, any other provisions relating to the removal or alteration of fences, structures, or vegetation under this Act, the Resource Management Act 1991, or the Building Act 1991.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZD was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
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692ZE Evidence of convictions
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[Repealed]
(1) For the purposes of proceedings under this Part, proof that a respondent or any other person has been convicted of an offence by or before any court in New Zealand is conclusive evidence that that person committed the offence, and the conviction is admissible in evidence accordingly.
(2) If—
(a) A certificate containing the substance of a conviction is produced as evidence of the fact that a particular person has been convicted of an offence; and
(b) The certificate purports to be signed by the Registrar or other officer having the custody of the records of the court by or before which the offender was convicted,—
then,—
(c) If the name of the offender stated in the certificate is the name of the person in respect of whom the applicant seeks to prove the conviction, the offender is presumed to be that person unless the contrary is proved; and
(d) The certificate is sufficient evidence of the conviction without proof of the signature or official character of the person appearing to have signed the certificate.
(3) The mode of proving a previous conviction authorised by subsection (2) is in addition to, and not in exclusion of, any other mode authorised by any other enactment or rule of law.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZE was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692ZF Form of removal order
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[Repealed]
(1) Subject to subsection (2), every removal order must be in the prescribed form and must include—
(a) The name of the person or persons to whom it is addressed; and
(b) The reasons for the order; and
(c) The action required to be taken; and
(d) The period within which the action must be taken, having regard to the circumstances giving rise to the removal order, being a reasonable period; and
(e) The right of the respondent or any other person to object under section 692ZG to the making of the order; and
(f) The consequences where a notice of objection is not filed in the Court within the specified period, and the respondent also fails to comply with the order.
(2) Where an objection or objections under section 692ZG have been lodged and the removal order is subsequently confirmed with or without variation, the Registrar must, without delay, issue a copy of the confirmed order which must contain such of the information specified in subsection (1) as is relevant in the circumstances, including the date specified by the Court in accordance with section 692ZI as the date by which compliance is required.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZF was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Objection to removal order
692ZG Notice of objection
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[Repealed]
(1) Subject to subsection (2), where the Court makes a removal order under section 692ZD, any person described in subparagraphs (i) to (v) of section 692ZD(5)(a) may object to the making of the order.
(2) A notice of objection under subsection (1) must be in the prescribed form and must—
(a) Contain sufficient particulars to indicate the reasons for giving notice and sufficient information to inform the Court of the facts relied on and the relief sought; and
(b) Contain any other matters required by rules of Court; and
(c) Be lodged with the Court and served on the applicant and, if the objector is not the respondent, the respondent within 15 working days from the date on which the removal order was served on the objector, or such further time as the Court may allow.
(3) If—
(a) The respondent; or
(b) Where the respondent is not the owner of the property to which the order relates, the owner of the property,—
objects to the making of the order and that person notifies the Court that he or she wishes to be heard in person or by his or her lawyer, the Registrar must assign a date for the hearing of the objection which, subject to subsection (5), must be as soon as practicable.
(4) If any person described in subparagraph (iii), (iv), or (v) of section 692ZD(5)(a) objects to the making of the order and that person notifies the Court that he or she wishes to be heard in person or by his or her lawyer, the Court may,—
(a) If the Court is satisfied that there should be an oral hearing, assign a date for the hearing of the objection which, subject to subsection (5), must be as soon as practicable; or
(b) If it thinks fit, decide the objection without holding an oral hearing.
(5) If an oral hearing is to be held in accordance with subsection (3) and the Court decides under subsection (4) that an oral hearing should be held, the Court may assign a date for the objections to be heard together.
(6) Lodgement of a notice of objection under subsection (1) operates as a stay of the removal order pending the Court's decision on the objection.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZG was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692ZH Vexatious objections
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[Repealed]
Without limiting any other power of the Court, the Court may strike out any objection made under section 692ZG if it is satisfied that the objection is frivolous or vexatious or an abuse of the procedure of the Court.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZH was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692ZI Court may confirm, vary, or discharge order
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[Repealed]
(1) After considering any objection or objections to a removal order made under section 692ZG, the Court may—
(a) Confirm the order; or
(b) Confirm the order but vary all or any of its terms; or
(c) Discharge the order.
(2) Before exercising its power under subsection (1), the Court must give—
(a) Any other person entitled to object under section 692ZG(1); and
(b) The applicant—
an opportunity to be heard, either orally, or in writing, as the Court thinks fit.
(3) Where, under subsection (1), the Court confirms or varies an order, the Court must specify the date by which the respondent must comply with the order.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZI was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692ZJ Appeal to High Court final
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[Repealed]
If any party to proceedings under this Part appeals to the High Court under Part 5 of the District Courts Act 1947, the decision of the High Court on that appeal is final.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZJ was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Compliance with removal order
692ZK Compliance with removal order
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[Repealed]
(1) If—
(a) Neither the respondent nor any other person entitled to object to the order under section 692ZG notifies the Court under that section that he or she objects to the making of the order; or
(b) Where the respondent or any other person does so object, the Court, after considering the objection or objections, confirms the order, with or without variation,—
the respondent must—
(c) Comply with the order within the period specified in the order; and
(d) Unless the order directs otherwise, pay all the costs and expenses of complying with the order.
(2) If the respondent fails to comply with a removal order, the applicant may,—
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(a) Without further notice, and using such force as is reasonable in the circumstances, enter—
(i) The place where the fence, structure, or vegetation is situated; and
(ii) If reasonably necessary and if authorised by the Court in the removal order, any portion of the adjoining land,—
to remove or alter the fence, structure, or vegetation or arrange for its removal or alteration in accordance with the terms of the removal order; and
(b) Sell or otherwise dispose of any structure or materials salvaged in complying with the order; and
(c) After allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt from the respondent.
(3) Any costs or expenses which remain unpaid under subsection (2)(c) may be registered under the Statutory Land Charges Registration Act 1928 as a charge on any property in respect of which a removal order is made.
(4) The power to enter the place where the fence, structure, or vegetation is situated (and any adjoining land) conferred by subsection (2)(a) is subject to the following conditions:
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(a) Entry upon the property must be made only by—
(i) A member of the Police; or
(ii) Where the order was made on the application of a territorial authority, an officer of that authority or a member of the Police or both,—
and any other person, whether a contractor, or agent or otherwise, who is authorised in writing by the member of the Police or the territorial authority, as the case requires, and whose presence is necessary to effect the alterations to, or removal of, the fence, structure, or vegetation as required by the order; and
(b) Entry must be made at reasonable times; and
(c) Any person entering the property must carry with him or her and must produce on initial entry, if required to do so, evidence of his or her authority to enter and of his or her identity; and
(d) As soon as practicable after entry is made, the applicant must give to the owner and to the occupier of the property, notice in writing, in the prescribed form and manner, of the entry and the reasons for it.
(5) Section 698(3) does not apply in respect of the non-compliance by any person with any order made under section 692ZD.
(6) Section 32(1) of the Building Act 1991 does not apply to the removal or alteration of any fence, structure, or vegetation in accordance with this section.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZK was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692ZL No civil proceedings against person executing removal order
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[Repealed]
No civil proceedings can be brought against any person referred to in section 692ZK(4)(a) for any act done in good faith by that person under section 692ZK.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZL was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Miscellaneous provisions
692ZM Relationship with Fencing Act 1978
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[Repealed]
(1) If—
(a) Any fence, structure, or vegetation is altered in accordance with a removal order made under this Part; and
(b) That fence, structure, or vegetation is a fence within the meaning of the Fencing Act 1978,—
that fence, structure, or vegetation is presumed, unless a court orders otherwise under the Fencing Act 1978, to be an adequate fence for the purposes of that Act in respect of the part of the boundary of the property that it covers until the expiration of the period described in subsection (4).
(2) If any fence, structure, or vegetation is removed under a removal order made under this Part, then the Fencing Act 1978 applies in respect of any boundary on the property affected by the removal as if section 9 of that Act requires the occupier of the property in respect of which the order was made to pay the total cost of work on a fence until the expiration of the period described in subsection (4).
(3) For the purposes of subsection (2), occupier has the meaning given to that term in section 2 of the Fencing Act 1978.
(4) The period referred to in subsections (1) and (2) is—
(a) The period of 3 years from the date of the removal order; or
(b) The period from the date of the removal order until the date on which the respondent ceases to occupy or, if the respondent was the owner of the property, ceases to own, the property in respect of which the order was made,—
whichever is the shorter period.
(5) For the purposes of subsection (4), the date of the removal order is the date on which the order was made under section 692ZD or, if any objection was made under section 692ZG, the date on which the order was confirmed or varied under section 692ZI.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZM was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
692ZN Rules of Court
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[Repealed]
(1) In addition to all other powers conferred by the District Courts Act 1947, the Governor-General may from time to time, by Order in Council, make rules under that Act—
(a) Regulating the practice and procedure of District Courts in proceedings relating to removal orders under sections 692ZD to 692ZK:
(b) Providing for such matters as are contemplated by or necessary for giving full effect to sections 692ZD to 692ZK and for their due administration.
(2) Without limiting subsection (1), rules made under the District Courts Act 1947 in accordance with that subsection may—
(a) Prescribe the procedure for serving removal orders, notices, and other documents for the purposes of sections 692ZD to 692ZK (including without limitation the circumstances in which service may be effected by leaving a copy of the order, notice, or document at the property to which the order relates); provide for substituted service, and for service to be dispensed with, in such circumstances as are specified in the rules:
(b) Prescribe the circumstances, and, where applicable, the manner, in which persons entitled to object to a removal order may be served with a copy of notices of objection or other notices or documents in the proceedings:
(c) Provide that Registrars may exercise specified powers of the Court or a Judge:
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(d) Provide that proceedings may be stayed or dismissed, or an objection may be struck out, or that a party may not appear at the hearing of an objection to a removal order (whether not at all or only on such terms as the Court considers appropriate),—
(i) If certain specified requirements of the rules are not complied with; or
(ii) Unless or until certain specified requirements of the rules are complied with; or
(iii) If any order made under the rules is not complied with; or
(iv) Unless or until any order made under the rules is complied with:
(e) Prescribe such forms as are necessary for the purposes of sections 692ZD to 692ZK:
(f) Apply, with or without modification, provisions of the District Courts Rules 1992.
(3) Rules made under the District Courts Act 1947 in accordance with this section are part of the District Courts Rules 1992.
(4) In the absence of any rules made under the District Courts Act 1947 in accordance with this section or in any situation not covered by any such rules, the District Courts Rules 1992 apply, with all necessary modifications, to proceedings under sections 692ZD to 692ZK.
Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
Section 692ZN was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 44
Offences and legal proceedings
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Offences
693 Obstruction of member or officer or agent of council
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[Repealed]
(1) Every person commits an offence who wilfully—
(a) Prevents any member or officer of the council, or any member of the Fire Service established under the Fire Service Act 1975, or any other person duly authorised or employed for the purpose of carrying out any provision of or under this Act from carrying out any such provision; or
(b) Obstructs or impedes any such person in carrying out any such provision; or
(c) Refuses admittance to any person in the exercise or attempted exercise by him of any power of entry conferred by this Act; or
(d) Incites any other person to do any of those acts.
(2) Every person commits an offence who wilfully destroys, removes, pulls down, injures, or defaces any board, placard, or notice set up or made or published under this Act, or incites any other person to do so.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 693 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
694 Wilful or negligent destruction of or damage to works or property
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[Repealed]
(1) Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or to a fine not exceeding $2,000 or both, who wilfully or maliciously destroys, damages, stops, obstructs, or interferes with—
(a) Any public or private drain or covered watercourse or other drainage work; or
(b) Any protective work; or
(c) Any electricity works, gasworks, or waterworks; or
(d) Any water race,—
being works or property vested in or under the control of the council.
(2) Every person commits an offence against this Act who—
(a) Wilfully destroys, damages, stops, obstructs, or otherwise interferes with anything forming part of or connected with any works or property (other than those mentioned in subsection (1) of this section) vested in or under the control of the council; or
(b) Negligently destroys, damages, stops, obstructs, or interferes with any works or property mentioned in subsection (1) of this section.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 April 1980, by section 50 Local Government Amendment Act 1980 (1980 No 82) by inserting the words
“to imprisonment”
.Section 694 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
695 Recovery of amount of destruction, damage, etc, to works or property
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[Repealed]
(1) Every person who wilfully or negligently destroys, damages, stops, obstructs, or otherwise interferes with any works or property established, constructed, acquired, or used by the council under this Act shall be liable for the amount of that destruction or damage or, as the case may be, the cost incurred by the council in removing that stoppage or obstruction or any loss or expenses caused to or incurred by the council by the stoppage or obstruction or interference, to be recovered by the council in any Court of competent jurisdiction.
(2) The council may replace or repair any works or property established, constructed, used, or acquired by the council under this Act and wilfully or negligently destroyed or damaged, or remove or alter it as the council thinks fit, and may recover from that person in any Court of competent jurisdiction the full cost of the work and the full amount of all the damage done or caused by him.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 695 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
695A Removal of fences, structures, and vegetation
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[Repealed]
Section 695A was inserted, as from 1 August 1987, by section 2 Local Government Amendment Act (No 2) 1987 (1987 No 169).
Section 695A was repealed, as from 1 May 1998, by section 3 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.
696 Coat of Arms
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[Repealed]
No person shall—
(a) For the purposes of sale apply or cause to be applied to any article the Coat of Arms of the council (as defined by bylaw made pursuant to section 684(1)(7) of this Act), or any colourable imitation thereof, without the prior consent in writing of the council; or
(b) Knowing that the Coat of Arms of the council as so defined, or any colourable imitation thereof, has been applied to any article without the prior consent in writing of the council, sell that article or cause it to be sold, or offer or expose that article for sale, or cause it to be offered or exposed for sale.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 696 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
697 Default in compliance with Act, or direction given pursuant to Act
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[Repealed]
(1) Where by or under this Act any act is directed to be done or is forbidden to be done, or any authority is given to the council or any member or officer thereof or other person on behalf of the council to direct any act to be done or to forbid any act to be done, and the act so directed to be done remains undone, or the act so forbidden to be done is done, the person making default as to the direction or prohibition commits an offence against this Act.
(2) No provision of this Act, or of any regulation or bylaw under this Act, making any act or default an offence, or rendering any person liable to a fine or other punishment in respect of any act or default, shall be deemed to repeal or in any way affect any provision of any other Act under which the act or default may also be an offence or any person may be liable to the same or any other penalty or punishment.
(3) Any person doing any act or making any default as aforesaid may be proceeded against either under this Act or the bylaw or regulation under this Act, or under that other Act, but no person shall be punished both under this Act, or under any bylaw or regulation under this Act, and also under any other Act in respect of the same act or default.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 697 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
698 General penalty
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(1) Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding $500 and, where the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued.
(2) Where any order is made under this Act by any Court directing the execution of any work or the doing of any act (other than the payment of a sum of money under a conviction, whether as a fine or otherwise) and no punishment for disobedience to the order is otherwise provided by this Act, every person disobeying the order commits an offence against this Act.
(3) Where a person commits a continuing breach of any provision of this Act which is an offence to which this section applies, then, notwithstanding anything in any other Act, a District Court may, on application by the council, grant an injunction restraining the further continuance of the breach by that person.
(4) An injunction may be granted under subsection (3) of this section,—
(a) Notwithstanding that proceedings for the offence constituted by the breach have not been taken; or
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(b) Where the person is convicted of such an offence, either,—
(i) In the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or
(ii) In subsequent proceedings.
(5) The continued existence of any work or thing in a state, or the intermittent repetition of any action, contrary to any provision of this Act shall be a continuing offence for the purposes of this section.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
In subsection (3), the words
“District Court”
were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
699 Offences punishable on summary conviction
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(1) Subject to this Act, every offence against this Act or against any regulations or bylaws under this Act shall be punishable on summary conviction.
(2) Notwithstanding anything in section 14 of the Summary Proceedings Act 1957, any information in respect of an offence against this Act or any regulations or bylaws under this Act may be laid at any time within 12 months from the time when the matter of the information arose.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
699A Infringement offences relating to navigation bylaws
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(1) In sections 699B to 699D,—
Infringement fee, in relation to an infringement offence, means the infringement fee prescribed for that offence by regulations made under subsection (2)
Infringement offence means a breach of a navigation bylaw that is specified in regulations made under subsection (2) as an infringement offence for the purposes of this section.
(2) The Governor-General may from time to time, by Order in Council, make regulations—
(a) Prescribing the infringement fee payable in respect of each infringement offence, which fee may not exceed $1,000:
(b) Specifying which breaches of navigation bylaws are infringement offences for the purposes of this section:
(c) Prescribing the form of infringement notices for infringement offences.
Sections 699A to 699D were inserted, as from 29 April 1999, by section 8 Local Government Amendment Act (No 2) 1999 (1999 No 24).
699B Commission of infringement offence
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If any person is alleged to have committed an infringement offence, that person may either—
(a) Be proceeded against for the alleged offence under the Summary Proceedings Act 1957; or
(b) Be served with an infringement notice as provided for in section 699C.
Sections 699A to 699D were inserted, as from 29 April 1999, by section 8 Local Government Amendment Act (No 2) 1999 (1999 No 24).
699C Infringement notices
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(1) If a harbourmaster or an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.
(2) Any harbourmaster or enforcement officer (not necessarily the person who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business; and, in that case, for the purposes of the Summary Proceedings Act 1957, it (or the copy) is to be treated as having been served on that person when it was posted.
(3) Every infringement notice must be in the prescribed form and must contain the following particulars:
(a) Such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
(b) The amount of the infringement fee specified for that offence; and
(c) The address of the place at which the infringement fee may be paid; and
(d) The time within which the infringement fee must be paid; and
(e) A summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
(f) A statement that the person served with the notice has a right to request a hearing; and
(g) A statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
(h) Such other particulars as are prescribed.
(4) If an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and, in that case, the provisions of that section apply with the necessary modifications.
Sections 699A to 699D were inserted, as from 29 April 1999, by section 8 Local Government Amendment Act (No 2) 1999 (1999 No 24).
699D Entitlement to infringement fees
-
A regional council is entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer of that council.
Sections 699A to 699D were inserted, as from 29 April 1999, by section 8 Local Government Amendment Act (No 2) 1999 (1999 No 24).
Legal proceedings
700 Judges, District Court Judges, and Justices not disqualified as being ratepayers
-
[Repealed]
No Judge, District Court Judge, Justice, or Community Magistrate shall be deemed to be interested in any case in which he is acting judicially solely on the ground that he is a ratepayer.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
In subsection (3), the words
“District Court Judge”
were substituted, as from 1 April 1980, for the words“Magistrate”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).Section 700 was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by substituting the words
“, Justice, or Community Magistrate”
for the words“or Justice”
.Section 700 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
701 Proceedings in District Court, etc
-
[Repealed]
(1) All applications and appeals to the District Court under this Act shall be made by way of originating application in accordance with the rules of that Court.
(2) In all proceedings in which the council is concerned under the Local Government (Rating) Act 2002 or under any Act in relation to bankrupts, and in all proceedings in a District Court or before any Justice or Community Magistrate, any member of the council appointed for the purpose by resolution of the council, or any officer of the council or other person appointed by the Chairman in writing under his hand, may represent and act on behalf of the council.
(3) Every member of the council, and any officer or other person acting on behalf of the council, shall be reimbursed out of general revenues for all damages, costs, charges, and expenses incurred by him by reason of the provisions of this section.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“District Court”
were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).Subsection (2) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words
“or Community Magistrate”
.Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“Local Government (Rating) Act 2002”
for the words“Rating Powers Act 1988”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 701 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
702 Service of legal proceedings on council
-
[Repealed]
Any summons, writ, or other legal proceeding requiring to be served on the council may be served by being left at the public office of the council or given personally to the Chairman or principal administrative officer of the council.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“principal administrative officer”
were substituted for the words“principal officer”
, with effect from 19 January 1981, pursuant to section 2(2) Local Government Amendment Act 1980 (1980 No 82).Section 702 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
703 Valuation roll to be evidence as to owner or occupier
-
[Repealed]
In any legal proceedings instituted by or on behalf of the council for enforcing any provision of this Act, or of any regulation or bylaw under it, the production of the valuation roll for the time being in force shall be evidence that any person named and described therein as the owner or as the occupier (within the meaning of the Rating Powers Act 1988) of any property was at the time of the making of the valuation roll, and since then has continued to be, and still is, the owner or, as the case may be, the occupier of the same property, unless the contrary is proved.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 703 was amended by substituting the
“Rating Powers Act 1988”
for the repealed“Rating Act 1967”
.Section 703 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
704 Evidence that works or property vested in or under control of council
-
[Repealed]
In any legal proceedings instituted by or on behalf of the council for enforcing any provision of this Act, or of any regulation or bylaw under it, an averment that any specified works or property are vested in or under the control of the council shall, until the contrary is proved, be sufficient evidence thereof.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 704 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
705 Recovery of debts
-
[Repealed]
All sums payable by any person to the council in respect of any works, material, or things executed, provided, or done by the council shall be recoverable as a debt.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 705 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
706 Members may be required to pay costs of proceedings in certain cases
-
[Repealed]
(1) If—
-
(a) In any proceedings by information at the suit of the Attorney-General it is decided that the council—
(i) Has wrongfully or illegally disposed of or dealt with any of the real or personal property of the council; or
(ii) Has applied the same to any purpose to which it was not lawfully applicable; or
(iii) Has permitted any of the reserves the management of which is vested in it to be used for purposes not authorised by law; or
(b) In any such proceedings the council is restrained from doing any such things,—
it shall not be lawful for the council to pay out of general revenues any costs or other expenses arising out of the proceedings or incurred in doing the things to which the proceedings relate; but the Court shall order that the members of the council who, by voting or otherwise, assented to the illegal acts complained of shall pay all those costs and expenses.
(2) The Court shall not make an order under subsection (1) of this section against any member of the council if he proves that—
(a) The illegal act occurred in such circumstances that, in being a party to the illegal act, he acted in good faith and in accordance with the written advice of the solicitor to the council; or
(b) He acted honestly and reasonably and that, having regard to all the circumstances of the case, he ought fairly to be excused.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 706 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
Recovery of losses incurred by local authorities
The heading
“Recovery of losses incurred by local authorities”
was inserted, as from 1 July 2001, by section 50 Public Audit Act 2001 (2001 No 10).
706A Report by the Auditor-General on loss incurred by local authority
-
[Repealed]
(1) For the purposes of this section, and sections 706B and 706C, a local authority is to be regarded as having incurred a loss to the extent that any of the following actions and omissions has occurred and the local authority has not been fully compensated for the action or omission concerned:
(a) money belonging to or administrable by a local authority has been unlawfully expended; or
(b) an asset has been unlawfully sold or otherwise disposed of by the local authority; or
(c) a liability has been unlawfully incurred by the local authority; or
(d) a local authority has intentionally or negligently failed to enforce the collection of money it is lawfully entitled to receive.
(2) If the Auditor-General is satisfied that a local authority has incurred a loss, the Auditor-General may make a report on the loss to the local authority, and may include in the report recommendations in relation to the recovery of the loss or the prevention of further loss as the Auditor-General thinks fit.
(3) The Auditor-General must send copies of the report to the Minister and every member of the local authority.
Sections 706A to 706C were inserted, as from 1 July 2001, by section 50 Public Audit Act 2001 (2001 No 10).
Section 706A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
706B Local authority to respond to Auditor-General
-
[Repealed]
(1) On receipt of a report from the Auditor-General, the local authority must, within 20 working days, respond in writing to the Auditor-General, and send a copy of the response to the Minister.
(2) The local authority's response must—
(a) respond to each of the Auditor-General's recommendations; and
(b) include a statement as to what action, if any, the local authority intends to take in respect of the loss.
(3) The Minister may extend the period of time within which the local authority must forward its response.
(4) An individual member of the local authority may respond to the Auditor-General—
(a) by making a separate response to the Auditor-General, and sending a copy to the local authority and the Minister, within the time required for the local authority's response; or
(b) with the consent of the local authority, by incorporating that member's response in the local authority's response.
(5) The local authority must, as soon as practicable after the expiry of the time for forwarding its response, table in a meeting of the local authority that is open to the public a copy of the Auditor-General's report, the local authority's response, and any response of an individual member of the local authority not incorporated in the local authority's response.
Sections 706A to 706C were inserted, as from 1 July 2001, by section 50 Public Audit Act 2001 (2001 No 10).
Section 706B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
706C Members of local authority liable for loss
-
[Repealed]
(1) If the Auditor-General has made a report on a loss to a local authority under section 706A(2) then, without limiting any other person's liability for the loss, the loss is recoverable as a debt due to the Crown from each member of the local authority jointly and severally.
(2) If the members of the local authority or any other person or persons do not pay the amount of the loss to the Crown or the local authority within a reasonable time, the Crown may commence proceedings to recover the loss from any or all of those members.
(3) Any amount recovered by the Crown under subsection (2), less all costs incurred by the Crown in respect of the recovery, must be paid by the Crown to the local authority concerned.
(4) It is a defence to any proceedings under subsection (2) if the defendant proves that the act or failure to act resulting in the loss occurred—
(a) without the defendant's knowledge; or
(b) with the defendant's knowledge but against the defendant's protest made at or before the time when it occurred; or
(c) contrary to the manner in which the defendant voted on the issue at a meeting of the local authority; or
-
(d) in circumstances that, although being a party to the act or failure to act, the defendant acted in good faith and in reliance on reports, statements, financial data, or other information prepared or supplied, or on professional or expert advice given, by any of the following persons:
(i) an employee of the local authority whom the defendant believed on reasonable grounds to be reliable and competent in relation to the matters concerned:
(ii) a professional adviser or expert in relation to matters which the defendant believed on reasonable grounds to be within the person's professional or expert competence.
Sections 706A to 706C were inserted, as from 1 July 2001, by section 50 Public Audit Act 2001 (2001 No 10).
Section 706C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
General provisions
707 Council may make compositions
-
[Repealed]
The council may compound, compromise, or submit to arbitration any claim, debt, sum of money, action, or demand made, owing or brought either by or against the council.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 707 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 44A
Special provisions applying to Auckland Regional Authority
Part 44A (comprising sections 707A to 707M) was inserted, as from 9 November 1986, by section 3(1) Local Government Amendment Act (No 2) 1986 (1986 No 24).
707A Application of provisions to Auckland Regional Council
-
(1) Except as provided in subsection (2) of this section, in the event of any inconsistency between any provision of this Act and any provision of—
(a) The Auckland Regional Authority Act 1963; or
(b) The Auckland Metropolitan Drainage Act 1960; or
(c) The Auckland Transport Board Act 1928; or
(d) Any local Act applying specifically to the Auckland Region or the Auckland Regional Council; or
(e) Any Act or instrument pursuant to or by which the Auckland Regional Council has been appointed to be a refuse disposal authority,—
the provision of the Act or instrument specified in paragraphs (a) to (e) of this subsection shall prevail over the inconsistent provision of this Act.
(2) Nothing in subsection (1) of this section shall derogate from any provision of Part 2BC or Part 44C of this Act in its application to the Auckland Region or the Auckland Regional Council or from any Order in Council under Part 2BC of this Act applying to that region or that Council.
Part 44A (comprising sections 707A to 707M) was inserted, as from 9 November 1986, by section 3(1) Local Government Amendment Act (No 2) 1986 (1986 No 24).
Section 707A was substituted, as from 1 July 1992, by section 67(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (2) was amended, as from 1 October 1998, by section 15(1) Local Government Amendment Act 1998 (1998 No 89) by substituting the expression
“Part 44C”
for the expression“Part 44B”
.
707AA Residual powers of Auckland Regional Council
-
[Repealed]
(1) Notwithstanding section 50 of the Local Government Amendment Act 1992, it is hereby declared that the Auckland Regional Council shall retain the same powers—
(a) To require and maintain designations for the purposes of and in relation to refuse disposal; and
(b) To dispose of leachate, gas, and other noxious or harmful substances which emanate from time to time from refuse or waste deposited at the refuse disposal sites specified in subsection (4) of this section,—
as it had both before the commencement of section 50 of the Local Government Amendment Act 1992 and before the transfer of its refuse disposal undertaking to Northern Disposal Systems Limited on the 1st day of November 1991.
(2) Without limiting the powers described in subsection (1) of this section, the Auckland Regional Council may take all necessary precautionary actions to protect against, or limit the present or future discharge of, leachate, gas, and other noxious or harmful substances which emanate from time to time from the sites specified in subsection (4) of this section, and, in particular, may for those purposes—
(a) Carry out all necessary formation, construction, and maintenance works:
(b) Dispose of any surface or ground water from, in, or under or around any of the sites so specified:
(c) Enter into any contract or arrangement requiring another person to carry out any works falling within the powers described in this section and requiring any such other person to give security for the carrying out of such works.
(3) In exercising the powers referred to in subsection (1) of this section, the Auckland Regional Council—
(a) Shall not acquire land; and
(b) Shall not exercise its option to carry out any relevant work by using people employed, or to be employed, by it, unless it is satisfied that the advantages of that option to the ratepayers of the Auckland Region clearly outweigh those of any other option.
(4) Subject to subsection (5) of this section, the Auckland Regional Council may, from time to time, by resolution, set and assess a targeted rate under the Local Government (Rating) Act 2002 for the purposes of funding its liability in respect of the proper disposal of leachate gas and other noxious or harmful substances which may emanate from time to time from the deposit of refuse or waste at those refuse disposal sites within the Auckland Region that are situated at—
(a) Lake Road, Devonport:
(b) Smales Road, East Tamaki:
(c) Rosedale and Greville Roads, Browns Bay:
(d) Captain Springs Road, Onehunga.
(5) The Auckland Regional Council shall set and assess a rate under subsection (4) of this section only in those parts of the region which, having regard to—
(a) The area serviced by the refuse disposal site or sites in respect of which the liability arises; and
(b) The period of time over which the area was serviced,—
are, in the opinion of the council, the parts of the region over which the rate should be set and assessed.
Section 707AA was inserted, as from 1 July 1992, by section 67(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (1) was substituted, as from 1 July 1992, by section 8 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Subsection (1) was substituted, as from 8 August 1996, by section 3(1) Local Government Amendment Act (No 4) 1996 (1996 No 84). See section 3(2) of that Act as to consequent revocations.
Subsection (2) was substituted, as from 1 July 1992, by section 8 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Subsection (2) was substituted, as from 8 August 1996, by section 3(1) Local Government Amendment Act (No 4) 1996 (1996 No 84). See section 3(2) of that Act as to consequent revocations.
Subsection (4) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“set and assess a targeted rate under the Local Government (Rating) Act 2002”
for the words“make and levy a works and services rate under section 34 of the Rating Powers Act 1988”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Subsection (5) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“set and assess”
for the words“make and levy”
.Subsection (5) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words
“set and assessed”
for the words“made and levied”
. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.Section 707AA was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
707B Interpretation
-
[Repealed]
Part 44A, comprising sections 707A to 707M, was inserted, as from 9 November 1986, by section 3(1) Local Government Amendment Act (No 2) 1986 (1986 No 24).
Electoral population: this definition was substituted, as from 1 July 1991, by section 19 Local Government Amendment Act 1991 (1991 No 49).
Sections 707B to 707E were repealed, as from 1 July 1992, by section 67(1) Local Government Amendment Act 1992 (1992 No 42).
707C Membership of Auckland Regional Authority
-
[Repealed]
Part 44A, comprising sections 707A to 707M, was inserted, as from 9 November 1986, by section 3(1) Local Government Amendment Act (No 2) 1986 (1986 No 24).
Subsection (6) was amended, as from 1 July 1991, by section 20(2) Local Government Amendment Act 1991 (1991 No 49) by substituting the words
“Proclamation or notice under section 19 or section 23”
for the words“Proclamation under section 19(2)”
.Subsection (3) was substituted, as from 1 July 1991, by section 20(1) Local Government Amendment Act 1991 (1991 No 49).
Sections 707B to 707E were repealed, as from 1 July 1992, by section 67(1) Local Government Amendment Act 1992 (1992 No 42).
707D Auckland Regional Authority elections
-
[Repealed]
Part 44A, comprising sections 707A to 707M, was inserted, as from 9 November 1986, by section 3(1) Local Government Amendment Act (No 2) 1986 (1986 No 24).
Section 707D was substituted, as from 6 June 1989, section 36 Local Government Amendment Act (No. 2) 1989 (1989 No 29).
Sections 707B to 707E were repealed, as from 1 July 1992, by section 67(1) Local Government Amendment Act 1992 (1992 No 42).
707E Extraordinary vacancies
707F Compilation of electoral roll
-
[Repealed]
Part 44A, comprising sections 707A to 707M, was inserted, as from 9 November 1986, by section 3(1) Local Government Amendment Act (No 2) 1986 (1986 No 24).
Subsection (1) was amended, as from 30 June 1988, by section 6 Local Government Amendment Act (No. 2) 1988 by substituting the words
“during the month of July”
for the words“before the first day of July”
.Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).
707G Roll to be available for public inspection
-
[Repealed]
Part 44A, comprising sections 707A to 707M, was inserted, as from 9 November 1986, by section 3(1) Local Government Amendment Act (No 2) 1986 (1986 No 24).
Subsection (3) was substituted, as from 30 June 1988, by section 6 Local Government Amendment Act (No. 2) 1988.
Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).
707H Application for registration as a parliamentary elector
707I Completion of roll
707J Amendments to roll
707K When roll in force
707L Proof of roll
707M Roll for by-elections
Part 44B
Auckland Regional Services Trust
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707N Interpretation
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
America's Cup and Facility: inserted, as from 24 June 1996, by section 2 Local Government Amendment Act (No 2) 1996 (1996 No 43).
Non-core assets: amended, as from 1 July 1992, by section 9(1) Local Government Amendment Act (No 2) 1992 (1992 No 71) by inserting the words
“(as at the date on which the plan prepared under section 707Q of this Act is approved pursuant to subsection (11) of that section)”
.Specified assets: paragraph (a) was substituted, as from 1 July 1992, by section 9(2) Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Auckland Regional Services Trust
707O Constitution of Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707P Establishment of Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Transfer of specified assets and specified liabilities to trust
707Q Preparation of plan for vesting of specified assets and specified liabilities in Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707QA Special provisions in relation to transfers of assets and liabilities to Watercare Services Limited and Regional Forests Limited
-
[Repealed]
Section 707QA was inserted, as from 1 July 1992, by section 10 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707QB Prohibition on sale or other disposition of water services assets and shares in Watercare Services Limited
-
[Repealed]
Section 707QB was inserted, as from 1 July 1992, by section 10 Local Government Act (No 2) 1992 (1992 No 71).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707R Vesting of assets and liabilities in Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (2) was amended, as from 1 April 1996, by section 2(1) Local Government Amendment Act 1996 (1996 No 12) by inserting the words
“and give effect to the amended provisions (including provisions providing for the vesting in the Trust of any of the specified assets and liabilities)”
. See section 2(2) to (5) of that Act as to the vesting of forestry assets and liabilities in Auckland Regional Services Trust.Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707S Certain matters not affected by transfer of specified assets or specified liabilities to Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707T Provisions relating to transfer of specified assets and specified liabilities to Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707U Transfer of regulatory powers not authorised
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707UA Divestment of assets in transport-related enterprises to be subject to Part 34B of this Act
707V Stamp duty exemption
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707W Taxation
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (1) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the expression
“Income Tax Act 1994”
for the expression“Income Tax Act 1976”
.Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707X Taxes and duties
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707Y Uses deemed to be permitted uses
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Section 707Y was substituted, as from 1 July 1992, by section 11 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707Z Modification of provisions of Public Works Act 1981
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZA Obligation to lodge caveat
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZB Exclusions
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZC Reduction in functions, duties, and powers of Auckland Regional Council
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZD Continuous service of transferred employees
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZE Maintenance of conditions of employment
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZEA Restrictions on compensation for redundancy
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZF Water services
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Section 707ZF was substituted, as from 1 July 1992, by section 12 Local Government Amendment Act (No 2) 1992 (1992 No 71).
Subsection (1) was amended, as from 1 April 1996, by section 3(1) Local Government Amendment Act 1996 (1996 No 12) by omitting the words
“and any other company undertaking the functions and business of the Auckland Regional Council in relation to waterworks, bulk water-supply, sewerage, and the collection, treatment, and disposal of sewage and trade wastes”
. See section 5 of that Act as to the validation of borrowing by Watercare Services Limited.Subsection (1)(a) and (b) was substituted, and subsection (1)(c) was repealed, as from 1 April 1996, by section 3(2) Local Government Amendment Act 1996 (1996 No 12). See section 5 of that Act as to the validation of borrowing by Watercare Services Limited.
Subsection (1)(f)(i) was amended, as from 1 April 1996, by section 3(3) Local Government Amendment Act 1996 (1996 No 12) by substituting the words
“powers that could have been”
for the word“being”
. See section 5 of that Act as to the validation of borrowing by Watercare Services Limited.Subsection (1)(g)(i) was amended, as from 30 June 1993, by section 2 Local Government Amendment Act 1993 (1993 No 73) by substituting
“1994”
for“1993”
.Subsection (1)(g) was substituted, as from 1 July 1994, by section 17(1) Local Government Amendment Act 1994 (1994 No 68).
Subsection (1)(l) to (n) were substituted and subsection (1)(o) to (q) was inserted, as from 1 April 1996, by section 3(4) Local Government Amendment Act 1996 (1996 No 12). See section 5 of that Act as to the validation of borrowing by Watercare Services Limited.
Subsection (2) was substituted, as from 30 July 1998, by section 9 Local Government Amendment Act 1998 (1998 No 89).
Subsections (2A) to (2D) were inserted, as from 1 April 1996, by section 3(5) Local Government Amendment Act 1996 (1996 No 12). See section 5 of that Act as to the validation of borrowing by Watercare Services Limited.
Subsection (3) was repealed, as from 1 April 1996, by section 3(6) Local Government Amendment Act 1996 (1996 No 12). See section 5 of that Act as to the validation of borrowing by Watercare Services Limited.
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZG Refusal disposal sites
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZH Properties and funds acquired from Auckland Harbour Board
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZI Special obligation of Trust in relation to carrying out of its work and functions
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Functions of trust
707ZJ Functions of Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (1)(da) was inserted and subsection (1)(f) substituted, as from 1 July 1992, by section 13(1) and (2) Local Government Amendment Act (No 2) 1992 (1992 No 71).
Subsection (1)(h) was repealed, as from 1 July 1996, by section 3 Local Government Amendment Act (No 2) 1996 (1996 No 43).
Subsection (1)(i) was amended, as from 1 July 1992, by section 13(3) Local Government Amendment Act (No 2) 1992 (1992 No 71) by inserting the words
“and local sanitary drainage”
.Subsection (1)(i) was further amended, as from 1 April 1996, by section 4 Local Government Amendment Act 1996 (1996 No 12) by omitting the word
“territorial”
.Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZJA Functions in relation to America's Cup
-
[Repealed]
Sections 707ZJA to 707ZJE were inserted, as from 24 June 1996, by section 4 Local Government Amendment Act (No 2) 1996 (1996 No 43). See section 6 of that Act as to the validation of actions taken by the Trust between 22 March 1996 and 23 June 1996.
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZJB Management of assets
-
[Repealed]
Sections 707ZJA to 707ZJE were inserted, as from 24 June 1996, by section 4 Local Government Amendment Act (No 2) 1996 (1996 No 43).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZJC Obligation of Trust to report annually on assets owned by it
-
[Repealed]
Sections 707ZJA to 707ZJE were inserted, as from 24 June 1996, by section 4 Local Government Amendment Act (No 2) 1996 (1996 No 43).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZJD Power to dispose of assets
-
[Repealed]
Sections 707ZJA to 707ZJE were inserted, as from 24 June 1996, by section 4 Local Government Amendment Act (No 2) 1996 (1996 No 43).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZJE Effect of sections 707ZJA to 707ZJD
-
[Repealed]
Sections 707ZJA to 707ZJE were inserted, as from 24 June 1996, by section 4 Local Government Amendment Act (No 2) 1996 (1996 No 43).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZK Trust to be local authority for certain purposes
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (1)(h) was substituted, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164).
Subsection (1)(c) was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words
“sections 223F(2)(g) and”
for the word“section”
.Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Elections
707ZL Election of members of Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZM First election of members
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Chief executive
707ZN Special provision in respect of appointment by Auckland Regional Council of chief executive of Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Accountability and accounting
707ZO Conduct of affairs
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZP Annual report to public concerning plans
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZQ Annual report to public concerning performance
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZR Audit Office to be auditor
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Funding
707ZS Funding
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZT Establishment costs
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZU Application of revenue
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (1)(a) was substituted, as from 24 June 1996, by section 5 Local Government Amendment Act (No 2) 1996 (1996 No 43).
Subsections (1)(c) and (2) were repealed, as from 1 August 1998, by section 6(1)(b) Local Government Amendment Act 1998 (1998 No 89).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZV Rating for funding of Trust
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZVA Power of Auckland Regional Council to rate in respect of retained liabilities
-
[Repealed]
Section 707ZVA was inserted, as from 18 December 1992, by section 2 Local Government Amendment Act (No 4) 1992 (1992 No 139).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Community trust
707ZW Establishment of Community Trust
707ZX Trustees
707ZY Disqualification from appointment
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Section 707ZY(c) was substituted, and paragraph (ca) inserted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).
707ZZ Term of appointment
707ZZA Purposes of Community Trust
707ZZB Financial statements
707ZZC Trustees to hold public meeting
707ZZD Matters to be included in trust deed
707ZZE Trust deed not to be inconsistent with provisions of this Act
707ZZF Application of Trustee Act 1956
Achievement of objects
This heading) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
707ZZG Duty to act in furtherance of this Part
-
[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was inserted, as from 1 July 1992, by section 68(1) Local Government Amendment Act 1992 (1992 No 42).
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).
Part 44C
Infrastructure Auckland
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998).
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZH Commencement
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZI Interpretation
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
passenger service: this definition was substituted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
passenger transport operation: this definition was substituted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZJ Constitution of Infrastructure Auckland
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZK Principal function of Infrastructure Auckland
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Subsection (5) was amended, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118) by omitting the words
“Notwithstanding the provisions of sections 594R(2) and 594ZS”
.Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZL Grants
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZM Special obligations of Infrastructure Auckland
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZN Additional special obligation of Infrastructure Auckland in respect of Ports of Auckland Limited
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Subsection (5) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35) by substituting the expression
“Local Electoral Act 2001”
for the expression“Local Elections and Polls Act 1976”
. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZO Membership of Infrastructure Auckland
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZP Infrastructure Auckland to be local authority for certain purposes
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Subsection (1)(g) was substituted, as from 1 July 2001, by section 51 Public Audit Act 2001 (2001 No 10).
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZQ Statement of corporate intent
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZR Transport-related enterprises
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZS Electoral College
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZT Functions of Electoral College
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZU Appointment of members of Infrastructure Auckland
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZV Members of Electoral College
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZW Alternate members of Electoral College
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZX Chairperson of Electoral College
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZY Meetings of Electoral College
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZ Infrastructure Auckland deed
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZA Contents of Infrastructure Auckland deed
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZB Longterm funding plan
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZC Proceedings of Infrastructure Auckland
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Accountability and accounting
This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZD Conduct of affairs
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZE Annual plan
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZF Annual policy in relation to grants
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZG Annual report
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZH Exemption for listed companies
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
America's Cup
This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZI Functions in relation to America's Cup
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZJ Obligation to report annually on assets
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZK Power to dispose of shares
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Dissolution of Auckland Regional Services Trust
This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZL Dissolution of Auckland Regional Services Trust
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZLA Transfer of money subject to trust
707ZZZM Taxes and duties
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZN Modification of provisions of Public Works Act 1981
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZO Obligation to lodge caveat
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZP Employees
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZQ Final accounts of Auckland Regional Services Trust
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZR Vesting of shares in Watercare Services Limited
-
(1) On 1 October 1998, all the shares in the capital of Watercare Services Limited are divided between the territorial authorities specified in subsection (3) and each of those territorial authorities becomes the owner of the number of shares specified opposite its name in that subsection.
(2) On 1 October 1998, the number of shares in the capital of Watercare Services Limited that is specified in subsection (3) opposite the name of a territorial authority are, by this section, vested in that territorial authority.
(3) The territorial authorities between which the shares are divided by subsection (1) and the number of shares of which each of those territorial authorities becomes the owner under subsection (1) are as follows:
Name of Territorial Authority Number of Shares in Watercare Services Limited Auckland City Council 108,551,635 Manukau City Council 65,481,895 North Shore City Council 29,988,909 Papakura District Council 9,667,225 Rodney District Council 3,602,651 Waitakere City Council 43,400,849 (4) Any shares issued by Watercare Services Limited after the commencement of the Local Government Amendment Act 1998 must be issued to the territorial authorities specified in subsection (3), and must be issued so that their shareholdings are in the same proportions as the shareholdings specified in that subsection.
(5) Each territorial authority that, under subsection (1), becomes the owner of shares in Watercare Services Limited—
(a) Must retain not only those shares but also any other shares in Watercare Services Limited that are held by that territorial authority in the future; and
(b) Must ensure that Watercare Services Limited does not dispose of its undertaking or any material part or parts thereof which is or are necessary to the conduct of its business; and
(c) Must, in its capacity as the owner of shares in Watercare Services Limited, act in the best interests of the inhabitants of the Auckland Region.
(6) No person who is a member or employee of a local authority may hold office as a director of Watercare Services Limited.
(7) The shareholders of Watercare Services Limited must, not later than 30 September 1998, enter into an agreement—
(a) Specifying an objective process to be used by them in selecting persons for appointment as directors of Watercare Services Limited; and
-
(b) Requiring persons appointed as directors of Watercare Services Limited to be both—
(i) Persons who, together, have relevant knowledge and experience of water and wastewater management in New Zealand; and
(ii) Persons who, in the opinion of the shareholders, will assist Watercare Services Limited to achieve its principal objective; and
(c) Specifying the process for determining the terms of office and remuneration of the directors of Watercare Services Limited and the matters to be taken into account in that process; and
-
(d) Specifying how shareholders will approve—
(i) The statement of corporate intent of Watercare Services Limited; and
(ii) Any major acquisitions by Watercare Services Limited; and
(iii) The distribution of surpluses by Watercare Services Limited to its customers.
(8) For the purposes of subsection (7)(a), the objective process must involve—
(a) The preparation and publication of a job description; and
(b) An advertised recruitment process.
(9) An agreement under subsection (7), and any amendment to it, has no effect until approved by the Minister.
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
707ZZZS Water services
-
(1) Notwithstanding anything in this Act or any other Act, Watercare Services Limited—
(a) Must manage its business efficiently with a view to maintaining prices for water and wastewater services at the minimum levels consistent with the effective conduct of that business and the maintenance of the long-term integrity of its assets:
-
(b) May, in accordance with its current statement of corporate intent, fund its business requirements—
(i) By including the cost of its business requirements in its prices and charges for any relevant services; or
(ii) Notwithstanding paragraph (e), by borrowing or by entering into any financial instrument, financial arrangement, or financial transaction of a debt-raising nature; or
(c) Subject to subsection (2), must not pay any dividend or distribute any surplus in any way, directly or indirectly, to its owners or any shareholder:
(d) Subject to subsection (2), must decide promptly in respect of any year in which a surplus arises, whether or not to return that surplus to its customers and, if it is to do so, to determine and implement the method by which that surplus may be returned, whether by way of rebate, discount, price adjustment calculated by reference to prior or future charges to those customers, or otherwise:
-
(e) Is limited to the performance of functions, and the conduct of business, in relation to waterworks, bulk water-supply, sewerage, and the treatment and disposal of sewage and trade wastes, but has authority to exercise—
(i) Such powers ancillary to those functions as were, immediately before the commencement of section 68 of the Local Government Amendment Act 1992, powers that could have been exercised by the Auckland Regional Council in relation to the water services assets; and
(ii) Such powers as it agrees, with all territorial authorities in the Auckland Region, to perform for those territorial authorities or in conjunction with them:
(ea) subject to subsection (2A), may, at the request of any territorial authority that holds shares in Watercare Services Limited, operate, repair, and maintain waterworks necessary to distribute water to consumers within such area within that territorial authority's district, and on such terms and conditions, as it agrees with that territorial authority:
-
(f) Is entitled to—
(i) Apply the provisions of the Auckland Regional Council Trade Waste Bylaw 1991; and
(ii) Exercise the powers under the Auckland Metropolitan Drainage Act 1960 that relate directly to the water services assets, as if it were and always had been the Auckland Regional Council,—
until the close of 30 June 1999 or such later date as the Governor-General may, by Order in Council, specify from time to time:
(g) Is not required to comply with section 594T(f) but must instead specify the means by which any residual surplus is to be returned to its customers:
(h) Is not required to comply with section 594Z(5)(b):
-
(i) Must, in its financial statements, identify clearly and separately—
(i) The financial position of its waterworks and bulk water-supply activities; and
(ii) The financial position of its activities in relation to sewerage and the collection, treatment, and disposal of sewage and trade wastes:
(j) Must ensure that its water and drainage services are costed and priced separately:
-
(k) Must, at least 4 months before the end of each financial year, prepare and supply to each shareholder an indicative asset management plan for the next financial year, which asset management plan must describe the projected condition of its significant assets at the commencement of that year and outline the rationale for and nature, extent, and estimated costs of its proposed activities in respect of—
(i) The maintenance and repair of existing assets; and
(ii) The renewal of existing assets; and
(iii) The upgrading or extension of the performance or capacity of existing assets; and
(iv) The acquisition or construction of new assets:
-
(l) Must, at least 4 months before the end of each financial year, prepare and supply to each shareholder, after undertaking a comparative assessment of different funding options, an indicative funding plan for the next financial year, which funding plan must identify for the next financial year the nature and scope of the activities proposed to be undertaken (including, but not limited to, operational requirements, renewals, and significant new projects), and its planned funding requirements and funding sources, showing—
(i) How the prices and charges proposed in the plan have been calculated:
(ii) A summary of the results of the comparative assessment of different funding options:
(iii) An appropriate debt to equity ratio:
(iv) How any surplus from the previous financial year is proposed to be applied, or any deficit from the previous financial year is proposed to be managed:
-
(m) Must, in preparing its draft statement of corporate intent under section 594S,—
(i) Consider any written submissions made by shareholders on the asset management plan prepared under paragraph (k) or the funding plan prepared under paragraph (l) within 40 working days of the supply of that plan; and
(ii) Include in that draft statement of corporate intent a summary of its proposals in respect of the matters dealt with in the plans referred to in subparagraph (i):
(n) Must include in the statement of corporate intent completed under section 594U its decisions in respect of the matters dealt with in the plans referred to in paragraph (m)(i):
(o) Must give written notice to all shareholders of any proposed modifications of its then current statement of corporate intent and consider comments on the proposed modifications made by any of them.
(2) Nothing in subsection (1)(c) or (d)—
(a) Limits the right of any person who is both a customer and a shareholder to participate in any surplus returned to customers pursuant to subsection (1)(d):
(b) Prevents Watercare Services Limited from making a taxable bonus issue (as defined in section YA 1 of the Income Tax Act 2007).
(2A) Watercare Services Limited may only enter into an agreement under subsection (1)(ea) if that agreement is supported by territorial authorities that hold 75% or more of the shares in Watercare Services Limited.
(3) Watercare Services Limited is deemed to be a local authority for the purposes of Parts 1 to 6 and Part 8 of the Local Government Official Information and Meetings Act 1987.
(4) Parts 1 to 6 and Part 8 of the Local Government Official Information and Meetings Act 1987 apply, for the purposes of subsection (3), with all necessary modifications and as if—
(a) Every reference to a local authority were a reference to Watercare Services Limited; and
(b) Every reference to a member of a local authority were a reference to a director of Watercare Services Limited; and
(c) Every reference to the principal administrative officer of a local authority were a reference to the chief executive of Watercare Services Limited.
(5) Notwithstanding section 594ZP, a shareholder may give a guarantee, indemnity, or security in respect of the performance of any obligation by Watercare Services Limited.
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Subsection (1)(ea) was inserted, as from 1 July 2002, by section 263(1) Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
Section 707ZZZS(2)(b): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Subsection (2)(b) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words
“Income Tax Act 2004”
for the words“Income Tax Act 1994”
.Subsection (2A) was inserted, as from 1 July 2002, by section 263(2) Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
707ZZZT Auckland Regional Council allowed certain deductions for tax purposes
-
[Repealed]
Section 707ZZZT: repealed, on 1 April 2008, by section 707ZZZU.
707ZZZU Expiry
-
Section 707ZZZT expires and is repealed on the close of 31 March 2007.
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Dissolution of regional treasury management limited
This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZV Dissolution of Regional Treasury Management Limited
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZW Final accounts of Regional Treasury Management Limited
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZX Taxes and duties
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Miscellaneous provisions
This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZY Certain matters not affected by this Part
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZ Provisions relating to vesting of assets and liabilities in Infrastructure Auckland
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZA Registers
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Transitional provisions
This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZB Initial membership of Infrastructure Auckland
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZC Membership of Infrastructure Auckland in period beginning on 1 July 1999 and ending with 31 December 1999
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZD Membership of Infrastructure Auckland in period beginning on 1 January 2000 and ending with 30 June 2001
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZE Power to resign
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZF Extraordinary vacancies
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZG Chairperson of Infrastructure Auckland
-
[Repealed]
Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998.
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Part 44D
Westport harbour
707ZZZZH Harbour assets vested in Buller District Council
-
[Repealed]
Any land vested in the Buller District Council by section 240A(1) of the Harbours Act 1950 may be sold, exchanged, subdivided, leased, or otherwise disposed of in accordance with this Act.
Part 44D (section 707ZZZZH) was inserted, as from 29 April 1999, by section 9 Local Government Amendment Act (No 2) 1999 (1999 No 24).
Section 707ZZZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Part 45
Miscellaneous provisions
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Works on private land
708 Works on private land
-
[Repealed]
(1) Subject to this section and to the provisions of the Public Works Act 1981 as to compensation for injurious affection to land, the council may cause to be constructed on or under private land or under any building on private land such works as it considers necessary for—
(a) The supply of water by territorial authorities under Part 23 of this Act:
(b) Regional water supply under Part 24 of this Act:
(c) The supply of water under Part 25 of this Act:
(d) Sewerage and stormwater drainage by territorial authorities under Part 26 of this Act:
(e) Regional drainage under Part 27 of this Act:
(f) Trade wastes disposal under Part 28 of this Act:
(g) Land drainage and rivers clearance under Part 29 of this Act:
(h) The supply of energy under Part 30 of this Act.
(2) The council shall not cause to be constructed on or under any private land or under any building on private land any works specified in subsection (1) of this section—
(a) Except with the prior consent in writing of the owner; or
(b) Where that consent has not been obtained, except after compliance by the council with the requirements of Schedule 16 to this Act.
(3) Where pursuant to this section or the corresponding provisions of any former Act any such works are or have been constructed on or under any private land or under any building on private land, then, subject to section 238 of this Act, the council may thereafter from time to time, by its officers or agents, enter thereon to alter, renew, repair, or clean any such works when required.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 22 December 1980, by section 51 Local Government Amendment Act 1980 (1980 No 82) by omitting the words
“in the district”
in both places where they occurred.Section 708 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
708A Power of entry
-
[Repealed]
Section 708A was inserted, as from 6 June 1989, by section 37 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 708A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
709 Examination of appliances and equipment
-
[Repealed]
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 709 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Prohibition of vehicles and consumption or possession of liquor in public places
709A Prohibition of vehicles and consumption or possession of intoxicating liquor in public place
-
[Repealed]
(1) In addition to the powers conferred on the council by sections 319, 342, and 366(2) of this Act or by regulations made pursuant to section 77(1)(u) of the Transport Act 1962 or by rules made under section 157 of the Land Transport Act 1998, the council may, in any case where it considers that on the occasion of the holding in any public place or part of a public place (in this section referred to as the specified public place) of any public event, function, or gathering,—
(a) The use of ordinary vehicular traffic in the specified public place should be prohibited; or
(b) The consumption of liquor in the specified public place during that period or those periods, the bringing of liquor into the specified public place during that period or those periods, and the possession of liquor in the specified public place during that period or those periods should be prohibited; or
(c) That both the prohibition referred to in paragraph (a) of this subsection and the prohibitions referred to in paragraph (b) of this subsection should apply,—
the council may, not later than the day before the day of the public event, function, or gathering, but sooner so as to be able to comply with subsection (5) of this section unless the council considers there are special circumstances,—
(d) Prohibit the use in the specified public place of ordinary vehicular traffic for any period or periods specified in the resolution; or
(e) Prohibit the consumption of liquor in the specified public place during that period or those periods, the bringing of liquor into the specified public place during that period or those periods, and the possession of liquor in the specified public place during that period or those periods; or
(2) The council may delegate its powers under subsection (1) of this section to any committee of the council appointed under section 104 of this Act that comprises only members of the council, but may not delegate those powers to any committee that has any members who are not members of the council or to any officer of the council under section 715 of this Act.
(3) A prohibition of ordinary vehicular traffic under subsection (1)(d) must not have effect for more than 12 hours in any consecutive period of 24 hours.
(4) No prohibition relating to liquor under this section shall be deemed to prohibit—
(a) The transport of liquor from premises on land having a frontage to the specified public place during any period while pursuant to the Sale of Liquor Act 1989 liquor may lawfully be sold on those premises for consumption off the premises, provided the liquor is promptly removed from the specified public place:
(b) The transport of liquor from outside the specified public place for delivery to premises on land having a frontage to the specified public place, being premises licensed for the sale of liquor pursuant to the Sale of Liquor Act 1989:
(c) The transport of liquor from outside the specified public place to premises on land having a frontage to the specified public place by or for delivery to a person residing on those premises or by his bona fide visitors, or from such premises to a place outside the specified public place by a person residing on the premises, provided the liquor is promptly removed from the specified public place.
(5) The council shall give public notice of every decision under this section in a newspaper circulating in the district on at least 3 occasions during the period of 21 days immediately preceding the day on which the prohibition or prohibitions are to have effect, or, where the prohibition or prohibitions are to have effect on 2 or more days, the first of those days.
(6) Notwithstanding subsection (5) of this section, where it is not practicable to give any or all of the notices required by that subsection because the decision of the council was made in special circumstances within a short period before the date of the prohibition or prohibitions, the council shall comply with subsection (5) of this section so far as is practicable and shall ensure that similar notices are displayed in the specified public place and given to the public in whole or in part by such other means as the council, after consultation with the Police, considers appropriate.
(7) Every notice required to be given or displayed under subsection (5) or subsection (6) of this section shall—
(a) Describe clearly the specified public place and the proposed event, function, or gathering:
(b) Specify whether or not the use of ordinary vehicular traffic is prohibited in the place, and shall specify the classes of vehicles (if any) to which the prohibition does not apply:
(c) Specify any prohibitions relating to consumption of liquor and the bringing or possession of liquor that are to apply:
(d) Specify the day or days on which any prohibition or prohibitions are to have effect, and the hours of each day during which the prohibition or prohibitions are to have effect:
(e) Set out the powers conferred on the Police by this section:
(f) Set out the maximum penalty for offences against this section.
(8) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $500, who, knowing that any prohibition under subsection (1) of this section is in force in respect of the specified public place,—
(a) Consumes liquor in the specified public place in breach of any prohibition imposed under subsection (1) of this section; or
(b) Brings liquor into any specified public place in breach of any such prohibition; or
(c) Is in possession of liquor in any specified public place in breach of any such prohibition; or
(d) Drives or rides any motor vehicle, being ordinary vehicular traffic, in any specified public place in breach of any such prohibition.
(9) Nothing in subsection (8)(d) of this section shall apply to the driving or riding of a motor vehicle by a person residing in premises on land having a frontage to the specified public place or by his bona fide visitors.
(10) Any constable may, without warrant,—
(a) Arrest any person whom he finds committing an offence against this section:
(b) During the period of the prohibition or prohibitions, arrest any person whom he has reasonable cause to suspect of having committed such an offence:
-
(c) But subject to subsections (11) and (12), search any—
(i) Vehicle in, entering, or about to enter any specified public place in respect of which any prohibition relating to liquor under subsection (1) is for the time being in force, for the purpose of ascertaining whether or not the vehicle contains any liquor:
(ii) Parcel, package, bag, case, or other container in the possession of any person in, entering, or about to enter any specified public place in respect of which any prohibition relating to liquor under subsection (1) is for the time being in force, for the purpose of ascertaining whether or not the parcel, package, bag, case, or container contains any liquor.
(11) Before exercising the power of search conferred by subsection (10)(c), the constable must inform the person in possession of the vehicle or parcel, package, bag, case, or other container of the provisions of subsection (12), and in any case where the person is in possession of the vehicle or item in the specified public place, give the person a reasonable opportunity of removing the vehicle or item from the specified public place.
(12) No constable may exercise the power of search conferred by subsection (10)(c) if the person in possession of the vehicle or parcel, package, bag, case, or other container removes it from or, as the case may be, refrains from taking it into the specified public place and leaves it outside the public place until the period of the prohibition ceases.
(13) Any constable may seize and remove any liquor and its container or any other container that he has reasonable cause to believe would be evidence of the commission of an offence against this section.
(14) Any liquor or container seized under subsection (13) of this section and in respect of which any person is convicted of an offence under this section, together, in the case of any liquor, with the container of the liquor, shall be deemed to be forfeited to the Crown.
(15) In this section,—
Liquor has the same meaning as in the Sale of Liquor Act 1989
Public place means any place that, at any material time, is under the control of the council and is open to or being used by the public, whether free or on payment of a charge; and includes any road whether or not it is under the control of the council
Ordinary vehicular traffic, in relation to any specified public place, means all vehicular traffic other than traffic of any kind (if any) that pursuant to the decision of the council under subsection (1) of this section is permitted to use the specified public place during the period of the prohibition.
Section 709A and heading
“Prohibition of vehicles and consumption or possession of liquor in public places”
were inserted, as from 14 December 1984, by section 2 Local Government Amendment Act 1984 (1984 No 18).Subsection (1) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110) by inserting the words
“or by rules made under section 157 of the Land Transport Act 1998”
.Subsection (1)(b) and (e) was amended, as from 10 September 1999, by section 10(1) Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words
“or empty liquor containers”
.Subsection (3) was substituted, as from 22 December 2001, by section 8 Local Government (Prohibition of Liquor in Public Places) Amendment Act 2001 (2001 No 106). See section 10 of that Act as to transitional provisions regarding powers exercised under sections 709A or 709C. The transitional provisions expire with the close of 30 April 2002.
Subsection (4)(a) and (4)(b) have been amended by substituting the
“Sale of Liquor Act 1989”
for the repealed“Sale of Liquor Act 1962”
.Subsection (7)(c) was amended, as from 10 September 1999, by section 10(2) Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words
“or empty liquor containers”
.Subsection (8)(b) and (c) was amended, as from 10 September 1999, by section 10(3) Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words
“or any empty liquor container”
.Subsection (10)(c) was substituted, as from 10 September 1999, by section 10(4) Local Government Amendment (No 4) Act 1999 (1999 No 108).
Subsections (11) and (12) were substituted, as from 10 September 1999, by section 10(5) Local Government Amendment (No 4) Act 1999 (1999 No 108).
Subsection (13) was amended, as from 10 September 1999, by section 10(6) Local Government Amendment (No 4) Act 1999 (1999 No 108) by omitting the words
“other liquor container”
and substituting the words“other container”
.Section 709A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
709B Interpretation
-
[Repealed]
In sections 709C to 709H, unless the context otherwise requires,—
Liquor has the same meaning as in the Sale of Liquor Act 1989
Prohibition means a prohibition under section 709C
Public place—
-
(a) Means a place that is—
(i) Under the control of a council; and
(ii) Open to or being used by the public, whether admission is free or on payment of a charge; and
-
(b) Includes—
(i) A road, whether or not the road is under the control of a council; and
(ii) One or more parts of a public place:
specified day means a day or any days specified by a territorial authority in a resolution under section 709C(2) as a day or days in respect of which one or more powers under that subsection are to be exercised
Specified day: this definition was substituted, as from 22 December 2001, by section 9 Local Government (Prohibition of Liquor in Public Places) Amendment Act 2001 (2001 No 106). See section 10 of that Act as to transitional provisions regarding powers exercised under section 709A or 709C. The transitional provisions expire with the close of 30 April 2002.
Vehicle—
(a) Has the same meaning as in section 2 of the Land Transport Act 1998; but
(b) Does not include an ambulance, fire engine, or police vehicle.
Sections 709B to 709H were inserted, as from 10 September 1999, by section 11 Local Government Amendment (No 4) Act 1999 (1999 No 108).
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
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709C Further power to prohibit vehicles and liquor in public places
-
[Repealed]
(1) A council may exercise the power in subsection (2), if the council—
-
(a) Is satisfied on reasonable grounds that—
(i) Liquor will be present in a public place on a specified day; and
-
(ii) The presence of liquor in the public place on the specified day is likely to lead to the commission in the public place of a number of offences against 1 or more of the following sections of the Summary Offences Act 1981:
(A) Section 3 (disorderly behaviour):
(B) Section 4 (offensive behaviour or language):
(C) Section 5A (disorderly assembly):
(D) Section 7 (fighting in a public place):
(E) Section 9 (common assault); and
(b) Has used the special consultative procedure in section 716A.
(2) A council may prohibit 1 or more of the following:
(a) The use of vehicles in a public place during a specified day:
(b) The consumption of liquor in a public place during a specified day:
(c) The bringing of liquor into a public place during a specified day:
(d) The possession of liquor in a public place during a specified day.
(3) The power in subsection (2) may be exercised—
(a) In respect of 1 or more periods of time in a specified day:
(b) In respect of the whole of a specified day.
(4) The power in subsection (2) may be exercised in respect of 2 or more specified days, whether consecutive or not.
(5) A council must not delegate its power in subsection (2) to—
(a) A committee of the council under section 114Q unless all the members of the committee are members of the council; or
(b) A member or officer of the council under section 715.
(6) The power in subsection (2) is in addition to the powers conferred on a council under—
(a) Sections 319 and 342:
(b) Regulations made under section 167 of the Land Transport Act 1998.
Sections 709B to 709H were inserted, as from 10 September 1999, by section 11 Local Government Amendment (No 4) Act 1999 (1999 No 108).
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
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709D Exceptions to prohibition for residents and their visitors
-
[Repealed]
A prohibition does not apply to—
(a) The use of a vehicle by a person residing in premises on land having a frontage to the public place concerned or by genuine visitors of the person:
-
(b) The transport of liquor from premises on land having a frontage to the public place concerned if—
(i) The liquor is being delivered by a person residing on the premises or by the person's genuine visitors to a place outside the public place; and
(ii) The liquor is promptly removed from the public place:
-
(c) The transport of liquor from outside the public place concerned if—
(i) The liquor is being delivered to a person residing on premises having a frontage to the public place or to the person's genuine visitors; and
(ii) The liquor is promptly removed from the public place.
Sections 709B to 709H were inserted, as from 10 September 1999, by section 11 Local Government Amendment (No 4) Act 1999 (1999 No 108).
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
709E Exceptions to prohibition for licensed premises
-
[Repealed]
A prohibition does not apply to—
-
(a) The transport of liquor from premises on land having a frontage to the public place concerned if—
(i) The liquor has, under the Sale of Liquor Act 1989, been sold on the premises for consumption off the premises; and
(ii) The liquor is promptly removed from the public place:
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(b) The transport of liquor from outside the public place concerned for delivery to premises on land having a frontage to the public place concerned if—
(i) The liquor may, under the Sale of Liquor Act 1989, be sold on the premises; and
(ii) The liquor is promptly removed from the public place.
Sections 709B to 709H were inserted, as from 10 September 1999, by section 11 Local Government Amendment (No 4) Act 1999 (1999 No 108).
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
709F Public notice
-
[Repealed]
(1) A prohibition has no effect unless public notice of the prohibition is given in accordance with this section.
(2) Public notice of a prohibition must be given—
(a) By displaying the notice in the public place concerned on the date it comes into force and before the time it comes into force; and
-
(b) In a newspaper circulating in the district concerned on at least 3 occasions during the period of 21 days immediately before—
(i) The specified day on which the prohibition comes into force; or
(ii) If the prohibition applies to 2 or more consecutive specified days, the first of the specified days on which the prohibition comes into force.
(3) However, if it is not practicable to give public notice of a prohibition in accordance with subsection (2)(b) because the decision of the council was made in special circumstances within a short period before the date of the prohibition, the council must—
(a) Comply with subsection (2)(b) so far as is practicable; and
(b) Ensure that similar notices are given to the public in whole or in part by such other means as the council, after consultation with the police, considers appropriate.
(4) A notice required to be given or displayed under subsection (2) or subsection (3) must—
(a) State the specified day or days on which the prohibition is in force and the hours of the specified day or days during which the prohibition is in force; and
(b) Describe clearly the public place concerned; and
(c) State whether or not the use of vehicles is prohibited in the public place concerned and, if it is, state the classes of vehicles (if any) the prohibition does not apply to; and
(d) State any prohibitions relating to the consumption of liquor and the bringing or possession of liquor that apply; and
(e) State the powers conferred on the police by section 709H; and
(f) State the maximum penalty for offences against section 709G.
Sections 709B to 709H were inserted, as from 10 September 1999, by section 11 Local Government Amendment (No 4) Act 1999 (1999 No 108).
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
709G Offences
-
[Repealed]
Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who, knowing that a prohibition is in force, contravenes the prohibition.
Sections 709B to 709H were inserted, as from 10 September 1999, by section 11 Local Government Amendment (No 4) Act 1999 (1999 No 108).
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
709H Powers of arrest, search, and seizure
-
[Repealed]
(1) A member of the police may, without a warrant,—
(a) Arrest a person whom the member of the police finds committing an offence against section 709G:
(b) While a prohibition is in force, arrest a person whom the member of the police has reasonable cause to suspect of having committed an offence against section 709G.
(2) A member of the police may, without a warrant, search—
(a) A vehicle in, entering, or about to enter a public place, in respect of which a prohibition under 1 or more of paragraphs (b) to (d) of section 709C(2) is in force, for the purpose of ascertaining whether or not the vehicle contains liquor:
(b) A container (for example, a parcel, package, bag, or case) in the possession of a person who is in, entering, or about to enter a public place, in respect of which a prohibition under 1 or more of paragraphs (b) to (d) of section 709C(2) is in force, for the purpose of ascertaining whether or not the container contains liquor.
(3) Before exercising the power of search in subsection (2), a member of the police must—
(a) Inform the person in possession of the vehicle or container of the provisions of subsection (4); and
(b) If the person is in possession of the vehicle or container in the public place, give the person a reasonable opportunity to remove the vehicle or container from the public place.
(4) A member of the police must not exercise the power of search in subsection (2) if the person in possession of the vehicle or container removes it from, or refrains from taking it into, the public place concerned.
(5) A member of the police may seize and remove liquor and its container or any other container that the member of the police has reasonable cause to believe would be evidence of the commission of an offence against section 709G.
(6) Liquor or a container seized under subsection (5) is forfeited to the Crown if the person from whom the liquor or container is seized is convicted of an offence against section 709G.
Sections 709B to 709H were inserted, as from 10 September 1999, by section 11 Local Government Amendment (No 4) Act 1999 (1999 No 108).
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
General provisions
710 Authority to act
-
[Repealed]
(1) Subject to section 708A of this Act, the council shall supply to every officer of the council or other person who is authorised by this Act or any other enactment to enter private land on behalf of the council a written warrant under the seal of the council evidencing that he is so authorised, and the production of that warrant shall be sufficient proof of that authority.
(2) Every such officer or person shall, if so required, produce the warrant supplied to him under subsection (1) of this section before entering private land pursuant to that authority.
(3) Every such officer or person shall, on the termination of his appointment, surrender to the council the warrant supplied to him under subsection (1) of this section.
(4) The holder of any such warrant shall not enter any private land under any power of entry conferred by this Act or any other Act on any Sunday or public holiday, except in any emergency causing or likely to cause loss of life or disease or injury or danger or damage to any works or property, or where premises on the land are open for business on that day.
(5) Nothing in this section shall apply to—
(a) Any dog control officer or dog ranger acting under any power of entry conferred by the Dog Control Act 1996; or
(b) Any enforcement officer acting under any power conferred by the Resource Management Act 1991.
(c) Any inspector or authorised person acting under any power conferred by the Biosecurity Act 1993.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 July 1992, by section 69 Local Government Amendment Act 1992 (1992 No 42) by substituting the expression
“section 708A”
for the expression“section 238”
.Subsection (5) was inserted, as from 1 March 1983, by section 89(1) Dog Control and Hydatids Act 1982 (1982 No 42). It was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by inserting the words
“and any enforcement officer acting under any power conferred by the Resource Management Act 1991”
.Subsection (5) was substituted, as from 1 July 1996, by section 79 Dog Control Act 1996 (1996 No 13).
Subsection (5)(c) was inserted, as from 26 November 1997, by section 110 Biosecurity Amendment Act 1997 (1997 No 89).
Section 710 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
711 Penalty for acting without warrant
-
[Repealed]
If any person represents himself to be the holder of a warrant under section 710 of this Act, not having such a warrant, or acts under such a warrant after the termination of his employment with the council or, as the case may be, his authority to act on behalf of the council, he commits an offence against this Act.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 711 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
712 Resignations from office
-
[Repealed]
Any person may resign any office held by him under this Act, but every such resignation must be in writing signed by the person resigning and addressed to the Chairman, or to the principal administrative officer.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words
“principal administrative officer”
were substituted for the words“principal officer”
, with effect from 19 January 1981, pursuant to section 2(2) Local Government Amendment Act 1980 (1980 No 82).Section 712 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
713 Chairman compellable to give information
-
[Repealed]
(1) The Chairman shall be compelled to give all information required of him by or on behalf of the council on any matter requisite to enable the council to carry into effect any of the provisions of this Act, and to produce all books, papers, and documents belonging to the council which relate to any such matter, to any person authorised by the council to apply for the same.
(2) If the Chairman refuses or neglects to give any such information when called upon to do so, or to produce all or any such books, papers, or documents as aforesaid, he commits an offence, and shall be personally liable for any penalty imposed in proceedings for that offence.
(3) In this section the term Chairman includes the acting Chairman, and also includes any person having the possession or control of any such books, papers, or documents belonging to the council.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 713 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
714 Delegation of Minister's or Secretary's powers
-
[Repealed]
(1) The Minister may from time to time by writing under his hand, either generally or particularly, delegate to any person employed in the Department of Internal Affairs any of the functions, powers, and duties conferred or imposed on the Minister by section 2A of this Act (including this power of delegation).
(2) The Secretary may from time to time by writing under his hand, either generally or particularly, delegate to any person employed in the Department of Internal Affairs any of the functions, powers, or duties conferred or imposed on the Secretary by section 2B(2) of this Act (including this power of delegation).
(3) Subject to any general or special directions given or conditions attached by the person making the delegation, any person to whom any functions, powers, or duties are delegated under this section may exercise or perform those functions, duties, or powers in the same manner and with the same effect as if they had been conferred or imposed on him directly by this section and not by delegation.
(4) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
(5) Any delegation under this section may be made to a specified employee or to employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.
(6) Every delegation under this section shall be revocable in writing at will, and no such delegation shall prevent the exercise or performance of any function, power, or duty by the person making the delegation.
(7) Every delegation under this section shall, until revoked, continue in force according to its tenor. In the event of the Minister or Secretary by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding that office.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 714 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
715 Delegation of powers by council
-
[Repealed]
(1) The council may from time to time, either generally or particularly, delegate to any member or officer of the council all or any of the powers of the council under this Act, except any powers specified in paragraphs (a) to (f) of section 114Q(1) or section 709A(1) of this Act.
(2) Subject to any general or special directions given or conditions attached by the council, the member or officer to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on the member or officer directly by this section and not by delegation.
(3) Any delegation under this section shall be subject to such conditions as the council may impose from time to time.
(4) All delegations under this section shall be recorded in a delegations register maintained by the council.
(5) Until a delegation made under this section is revoked, it shall continue in force according to its tenor.
(6) Where a person purports to act pursuant to a delegation made under this section, that person shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
(7) Any delegation under this section may be made to a specified member or officer, or may be made to the holder for the time being of a specified office.
(8) Every delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the council.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 715 was substituted, as from 6 June 1989, by section 38 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 715 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
716 Delegation of powers by officers
-
[Repealed]
(1) Any officer of the council may from time to time, by writing under his hand, either generally or particularly, delegate to any other officer of the council all or any of the powers exercisable by the first-mentioned officer under this Act, except—
(a) The power to delegate under this section; and
(b) Any power delegated to him by the council pursuant to section 715 of this Act, unless that delegation authorises him to delegate that power to other officers pursuant to this section.
(2) Subject to any general or special directions given or conditions attached by the officer making the delegation, the officer to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
(3) Until a delegation made under this section is revoked, it shall continue in force according to its tenor; and, in the event of the officer by whom any such delegation has been made ceasing to hold office, the delegation shall continue to have effect as if made by the person for the time being holding the office of the officer making the delegation.
(4) Any delegation under this section may be made to a specified officer, or may be made to the holder for the time being of any specified office.
(5) Where any officer purports to act pursuant to a delegation made under this section, he shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
(6) Every delegation made under this section shall be revocable at will and no such delegation shall prevent the exercise of any power by the officer making the delegation.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 716 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
716A Special consultative procedure
-
[Repealed]
Section 716A was inserted, as from 6 June 1989, by Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 716A was repealed, as from 25 December 2002, by section 267(a) Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
Special orders
716B Special orders
-
[Repealed]
(1) The power given by this Act or any other Act to do anything by special order shall be exercised by a local authority only in accordance with subsections (2) to (7) of this section.
(2) The resolution to do anything by special order shall be passed—
(a) At a special meeting; or
-
(b) At any ordinary meeting, if—
(i) Notice of intention to consider the subject-matter of the resolution has been given to all the members of the local authority before the meeting in accordance with this Act and the standing orders of the local authority; or
(ii) All the members of the local authority are present at the meeting and unanimously agree to discuss the subject-matter of the resolution.
(3) The resolution shall be confirmed at a subsequent meeting (either ordinary or special) held not later than the 70th day after the day of the meeting at which the resolution was passed.
(4) A copy of the resolution to be confirmed shall be deposited at the offices and libraries of the local authority and shall be open for inspection by the public during office hours at those offices and libraries.
(5) Public notice of—
(a) The place, date, and time fixed for the subsequent meeting; and
(b) The purport of the resolution and of the times when and the places where a copy of the resolution may be inspected,—
shall be given twice before the date of the subsequent meeting, the first such notice being given not less than 21 days before that date and the second being given not more than 14 nor less than 7 days before that date.
(6) The notice to the members of the subsequent meeting or the agenda for that meeting shall specify the resolution to be confirmed, and that resolution shall be confirmed by way of separate resolution and not as part of the approval of the minutes of the meeting at which the resolution was first passed.
(7) The notice directed to be given by subsection (6) of this section or, as the case may be, the inclusion in the agenda of the resolution to be confirmed or a statement containing its purport, shall be sufficient even though the subsequent meeting may be a special meeting.
(8) Notwithstanding anything in subsections (1) to (7) of this section, a confirming resolution may modify the resolution to make the special order to such extent as the local authority considers necessary by reason of any representations made to it before the date of the meeting at which the resolution to make that order is confirmed.
Compare: 1974 No 66 s 113(1), (2); 1977 No 122 s 2
Section 716B and the heading
“Special orders”
were inserted, as from 6 June 1989, by section 40 Local Government Amendment Act (No 2) 1989 (1989 No 29).Section 716B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
716C Evidence of special order
-
[Repealed]
A document purporting to be a copy of any special order, sealed with the common seal of the local authority shall be received as evidence for all purposes that the special order of which the document purports to be a copy has been duly made in accordance with this Act, unless the contrary is proved.
Compare: 1974 No 66 s 113(3); 1977 No 122 s 2
Sections 716C and 716D were inserted, as from 6 June 1989, by section 40 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 716C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
716D Time within which proceedings to quash special order must be commenced
-
[Repealed]
Subject, in the case of a special order making a bylaw, to the Bylaws Act 1910, no special order shall be quashed by any proceedings in any Court or otherwise, unless the proceedings are commenced within 6 months from the making of the special order.
Compare: 1974 No 66 s 113(4); 1977 No 122 s 2
Sections 716C and 716D and the preceding heading were inserted, as from 6 June 1989, by section 40 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 716D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
717 Application of provisions to Auckland Regional District
718 Application of Act to County of Fiord
-
[Repealed]
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 718 was repealed, as from 14 January 1983, by section 28(3) Local Government Amendment Act (No 2) 1982 (1982 No 166).
719 In certain cases Governor-General may validate proceedings or may extend time for doing anything
-
[Repealed]
Where anything is omitted to be done or cannot be done at the time required by or under this Act, or is done after that time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Act, the Governor-General may, by Order in Council gazetted, at any time before or after the time within which that thing is required to be done, extend the time, or may validate anything so done after the time required or so irregularly done in matter of form, or make other provisions for the case as he thinks fit.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 719 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
720 Misnomer, etc, not to prevent operation of Act
-
[Repealed]
No misnomer or inaccurate description contained in this Act, or in any Proclamation or Order in Council made hereunder, shall in any way prevent or abridge the operation of this Act with respect to the subject of that description, provided the same is so designated as to be understood.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 720 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
721 Appointment of person to exercise powers and functions of council
-
[Repealed]
(1) If—
-
(a) In the opinion of the Governor-General a council—
(i) Wilfully refuses to act in the performance or exercise of the duties or powers reposed or vested in it by or under this Act or any other enactment; or
(ii) Substantially refuses so to act; or
(b) A council has requested that provision be made for the temporary exercise of its powers and functions by a person appointed for that purpose,—
the Governor-General may, by Order in Council, make such provisions as he thinks fit for the due performance and exercise of those duties and powers by a person appointed as a Commissioner for the purpose.
(2) Where a Commissioner is so appointed, then, in relation to the duties and powers imposed or conferred on him pursuant to subsection (1) of this section, every reference in this Act and in every other enactment to the council shall be read as a reference to the Commissioner.
(3) In particular, and without limiting the generality of the powers conferred by subsection (1) of this section, any order under that subsection may confer on the person so appointed all the powers of the council to make, levy, and recover rates, charges, and assessments within the district and any out-district and to expend the proceeds thereof.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 721 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
-
722 Annual report
-
[Repealed]
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 722 was repealed, as from 1 July 1992, by section 70 Local Government Amendment Act 1992 (1992 No 42).
723 Regulations
-
[Repealed]
(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a) For facilitating proof of any document or matter:
(b) For extending periods of time and curing irregularities:
(c) For the substitution of new for lost or destroyed documents:
(d) Prescribing forms and fees:
(e) Prescribing fines, not exceeding $500, for any breach of the regulations, and, where the offence is a continuing one, a further fine not exceeding $50 for every day on which the offence has continued:
(f) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
(2) Regulations under this section may be of general application or may refer to certain classes of cases, or to any particular cases, as the Governor-General thinks fit.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 723 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
724 Application of Act to Crown
-
[Repealed]
(2) Subject to subsection (1) of this section and except as otherwise specifically provided in this Act, nothing in this Act or in any regulations or bylaws under this Act shall be construed to apply to or shall in any way affect the interest of Her Majesty in any property of any kind belonging to or vested in Her Majesty.
(3) Except as provided in subsection (2) of this section, this Act and the regulations and bylaws thereunder shall apply to the interest of any lessee, licensee, or other person claiming an interest in any property of the Crown in the same manner as they apply to private property.
(4) Any local authority or person or body of persons (whether incorporated or not) appointed, pursuant to section 28 of the Reserves Act 1977, to control and manage any public reserve that is vested in the Crown shall, by virtue of that appointment, be deemed to have an interest in that reserve.
Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was substituted, as from 10 October 1992, by section 71(1) Local Government Amendment Act 1992 (1992 No 42).
Section 724 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
725 Consequential amendments
-
[Repealed]
The enactments specified in the Schedule 18 to this Act are hereby amended in the manner specified in that Schedule.
Section 725, originally section 196, was renumbered as section 642, as from 1 April 1978, by section 6(1) Local Government Amendment Act (No 3) 1977 (1977 No 122). It was further renumbered as section 725, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Section 725 was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words
“Schedule 18”
for the words“Schedule 14”
.Section 725 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
726 Repeals, revocation, and savings
-
[Repealed]
(1) The enactments specified in Schedule 19 to this Act are hereby repealed.
(2) The Local Government Commission Order 1969 is hereby revoked.
(3) [Repealed]
Section 726, originally section 197, was renumbered as section 643, as from 1 April 1978, by section 6(1) Local Government Amendment Act (No 3) 1977 (1977 No 122). It was further renumbered as section 726, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words
“Schedule 19”
for the words“Schedule 15”
.Subsection (3) was repealed, as from 7 October 1994, by section 96(1) Energy Companies Act 1992 (1992 No 56).
Section 726 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Schedule 1
Local authorities
[Repealed]
Schedule 1 was substituted, as from 1 November 1989, by clause 2 Local Government Act First Schedule Order (No 2) 1989 (SR 1989/160).
Schedule 1 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
1
Regional councils
The Auckland Regional Council
The Bay of Plenty Regional Council
The Canterbury Regional Council
The Hawke's Bay Regional Council
The Manawatu-Wanganui Regional Council
The Northland Regional Council
The Otago Regional Council
The Southland Regional Council
The Taranaki Regional Council
The Waikato Regional Council
The Wellington Regional Council
The West Coast Regional Council
The Nelson-Marlborough Regional Council was abolished, as from 1 July 1992, by section 112 Local Government Amendment Act 1992. See section 114 of that Act as to the transfer of functions, duties and powers of the Council.
2
District councils
The Ashburton District Council
The Banks Peninsula District Council
The Buller District Council
The Carterton District Council
The Central Hawke's Bay District Council
The Central Otago District Council
The Clutha District Council
The Far North District Council
The Franklin District Council
The Gisborne District Council
The Gore District Council
The Grey District Council
The Hastings District Council
The Hauraki District Council
The Horowhenua District Council
The Hurunui District Council
The Kaikoura District Council
The Kaipara District Council
The Kapiti Coast District Council
The Kawerau District Council
The MacKenzie District Council
The Masterton District Council
The Matamata-Piako District Council
The Manawatu District Council
The Marlborough District Council
The New Plymouth District Council
The Opotiki District Council
The Otorohanga District Council
The Papakura District Council
The Queenstown-Lakes District Council
The Rangitikei District Council
The Rodney District Council
The Rotorua District Council
The Ruapehu District Council
The Selwyn District Council
The South Taranaki District Council
The South Waikato District Council
The South Wairarapa District Council
The Southland District Council
The Stratford District Council
The Tasman District Council
The Tararua District Council
The Taupo District Council
The Tauranga District Council
The Thames-Coromandel District Council
The Timaru District Council
The Waikato District Council
The Waimakariri District Council
The Waimate District Council
The Waipa District Council
The Wairoa District Council
The Waitaki District Council
The Waitomo District Council
The Wanganui District Council
The Western Bay of Plenty District Council
The Westland District Council
The Whakatane District Council
The Whangarei District Council
The Invercargill District Council: this item was omitted, as from 18 October 1991, by clause 2 Local Government Act First Schedule Order 1991 (SR 1991/224).
3
City councils
The Auckland City Council
The Christchurch City Council
The Dunedin City Council
The Hamilton City Council
The Invercargill City Council
The Lower Hutt City Council
The Manukau City Council
The Napier City Council
The Nelson City Council
The North Shore City Council
The Palmerston North City Council
The Porirua City Council
The Upper Hutt City Council
The Waitakere City Council
The Wellington City Council
The Invercargill City Council: this item was inserted, as from 18 October 1991, by clause 3 Local Government Act First Schedule Order 1991 (SR 1991/224).
The North Shore City Council: this item was inserted, as from 1 November 1989, by clause 2 Local Government Act First Schedule Order (No 3) 1989 (SR 1989/224).
4
Special purposes authorities
Classes of local authority
| Classes of Local Authority | Enactment under which constituted |
|---|---|
| Administering bodies of scenic reserves | 1977, No 66—The Reserves Act 1977 |
| Administering bodies of recreation reserves | 1977, No 66—The Reserves Act 1977 |
| Airport Authorities (other than airport companies) | 1966, No 51—The Airport Authorities Act 1966 (RS Vol 17, p 1) |
| Area Health Boards | 1983, No 134—The Area Health Boards Act 1983 |
Particular local authorities
| Local Authority | Enactment under which constituted |
|---|---|
| The Aotea Centre Board of Management | 1985, No 9 (Local)—The Auckland Aotea Centre Empowering Act 1985 |
| The Canterbury Museum Trust Board | 1993, No 4(L)—The Canterbury Museum Trust Board Act 1993 |
| The Council of the Auckland Institute and Museum | 1957, No 18—The Charitable Trusts Act 1957 |
| The Otago Museum Trust Board | 1996, No 1 (L)—The Otago Museum Trust Board Act 1996 |
| The Waikato Electricity Authority | 1988, No 7 (Local)—The Waikato Electricity Authority Act 1988. |
Hospital Boards: this item was omitted, as from 1 July 1993, by section 34 Hospitals Amendment Act 1993 (1993 No 26).
Electric Power Boards: this item was omitted, as from 7 October 1994, by section 96(1) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
Auckland Electric Power Board: this item was omitted by section 95(2) Energy Companies Act 1992 (1992 No 56). See SR 1993/322.
Canterbury Museum Trust Board: this item was amended by substituting the reference to the
“Canterbury Museum Trust Boards Act 1993”
for the reference to the“Canterbury Museum Trust Board Act 1947”
.Marlborough Forestry Corporation: this item was omitted, as from 1 July 1996, by section 11(2) Marlborough Forestry Corporation Act Repeal Act 1996 (1996 No 2(L)).
Marlborough Harbour Board: this item was omitted, as from 18 October 1991, by clause 4 Local Government Act First Schedule Order 1991 (SR 1991/224)
Otago Museum Trust Board: this item was amended by substituting the reference to the
“Otago Museum Trust Board Act 1996”
for the reference to the“Otago Museum Trust Board Act 1955”
.Rotorua Area Electricity Authority: this item was omitted, as from 7 October 1994, by section 96(1) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
Selwyn Plantation Board: this item was omitted, as from 8 October 1998, by section 20(2) Selwyn Plantation Board Empowering Act 1992 (1992 No 4(L)). See clause 2 Selwyn Plantation Board Empowering Act Commencement Order 1998 (SR 1998/261).
Schedule 1A
Classes of local authorities for the purposes of sections 214 to 214M
[Repealed]
Schedule 1A was inserted, as from 30 March 1985, by section 17 Local Government Amendment Act 1985 (1985 No 60).
Clause 2(e) was inserted, as from 17 December 1985, by section 19(6) Auckland Aotea Centre Empowering Act 1985 (1985 No 9(L)).
Clause 7(a) was amended, as from 1 April 1988, by section 43(4) Soil Conservation and Rivers Control Amendment Act 1988 (1988 No 4) by omitting the words
“and catchment commissions”
.Clause 7(c) was repealed, as from 1 April 1988, by section 42(2)(h) Soil Conservation and Rivers Control Amendment Act 1988 (1988 No 4).
Schedule 1A was repealed, as from 1 July 1992, by section 72(1) Local Government Amendment Act 1992 (1992 No 42).
Schedule 2
Matters which (where applicable) Local Government Commission shall provide for in reorganisation scheme in addition to matters specified in section 35(1)
[Repealed]
The original Schedule 2 was repealed, as from 1 April 1978, by section 7(1)(a) Local Government Amendment Act (No 3) 1977 (1977 No 122).
A new Schedule 2 was inserted, as from 1 April 1978, by section 4(1) Local Government Amendment Act (No 2) 1977 (1977 No 109), and repealed, as from 1 November 1989, by section 42(1) Local Government Amendment Act (No 2) 1989 (1989 No 29). See section 42(3) of that Act.
Schedule 3
Payments on transfer of trading undertaking from a territorial authority to a regional or united council
[Repealed]
The original Schedule 3 was renumbered to Schedule 10 by section 7(2) Local Government Amendment Act (No 3) 1977, to Schedule 14 by section 3(2) Local Government Amendment Act 1978, and to Schedule 18 by section 8(1)Local Government Amendment Act 1979.
A new Schedule 3 was inserted, as from 1 April 1978, by section 4(1) Local Government Amendment Act (No 2) 1977 (1977 No 109), and repealed, as from 1 November 1989, by section 43(1) Local Government Amendment Act (No 2) 1989 (1989 No 29). See section 42(3) of that Act.
Schedule 3A |
[Repealed]
Schedule 3A was inserted, as from 1 April 1990, by section 44(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Schedule 3A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
1 Extraordinary vacancies
-
(1) Any member of the Commission may at any time be removed from office by the Minister for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister, or may at any time resign his or her office by writing addressed to the Minister.
(2) If any member of the Commission dies, or resigns, or is removed from office, his or her office shall become vacant.
(3) Any vacancy under this section shall be deemed to be an extraordinary vacancy, and shall be filled in the manner in which the appointment to the vacant office was made.
(4) Every person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed.
Compare: 1974 No 66 s 5; 1977 No 109 s 2
Subclause (1) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words
“inability to perform the functions of the office”
for the word“disability”
.
2 Committees
-
(1) The Commission may from time to time appoint, discharge, alter, continue, or reconstitute committees comprising 2 or more members of the Commission, one of whom shall be appointed as Chairperson of the committee.
(2) No person other than a member of the Commission appointed under section 37Y of this Act may chair a committee appointed under this section.
(3) The Commission may refer to any committee appointed by it under this section any proposal or matter for investigation or inquiry, and may delegate to any such committee any of the functions, powers, or duties conferred or imposed upon the Commission by this or any other enactment, except the power to delegate any function, duty, or power.
(4) Subject to any general or special directions given or conditions attached by the Commission, any functions, powers, or duties delegated to a committee may be performed and exercised by the committee with the same effect as if those functions, powers, or duties had been directly conferred or imposed and not by delegation.
(5) Every committee purporting to act under any delegation under this section shall be presumed, in the absence of proof to the contrary, to be acting in accordance with the terms of the delegation.
(6) Every delegation under this section shall be revocable at will, and no delegation shall prevent the performance or exercise of any function, power, or duty by the Commission.
(7) Until any delegation under this section is revoked, it shall continue in force, notwithstanding any change in the membership of the Commission or of the committee.
Compare: 1974 No 66 s 8A; 1985 No 60 s 6; 1988 No 109 s 4(1), (2)
3 Meetings
-
(1) Meetings of the Commission or any committee appointed by it shall be held at such times and places as the Commission or its Chairperson or the committee or its Chairperson, as the case may be, appoints.
(2) At every meeting of the Commission or any committee appointed by it the quorum shall be half of the members if the number of members is even, and a majority of the members if the number of members is odd, but in no case shall be less than 2 members.
(3) At all meetings of either the Commission or a committee of the Commission the presiding member shall be, respectively, the Chairperson of the Commission or the Chairperson of the committee if he or she is present. If he or she is not present, the members present shall elect one of their number (not being a temporary member) to preside at that meeting, and the member presiding shall have all the powers of the Chairperson for the purposes of that meeting.
(4) Every question before the Commission or any committee shall be determined by a majority of the votes of the members present at the meeting.
(5) The presiding member shall have a deliberative vote, and, in any case where there are more than 2 members voting and there is an equality of votes, shall also have a casting vote.
(6) Subject to this Act, the rules of natural justice, and any regulations made under this Act, and, in the case of a committee, subject to any directions by the Commission, the Commission and any committee may regulate its procedure in such manner as it thinks fit.
Compare: 1974 No 66 s 9; 1985 No 60 s 6; 1988 No 109 s 4(3)
4 Remuneration, allowances, and expenses
-
(1) The Commission is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(2) There shall be paid to—
(a) Members of the Commission:
(b) Deputy members of the Commission appointed under section 37ZA of this Act:
(c) Temporary members appointed under section 37ZB of this Act—
remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
Compare: 1974 No 66 s 10; 1988 No 20 s 87
5 Specialist advice
-
The Commission may invite any officer of the Public Service or any other person or a representative of any body who or which, in the opinion of the Commission, has specialist knowledge that is likely to be of assistance to the Commission to attend any meeting or discussion held by the Commission and to take part in the proceedings.
Compare: 1974 No 55 s 11; 1977 No 109 s 2; 1980 No 82 s 3
6 Consultants
-
(1) The Commission may engage such consultants as thinks necessary or desirable to assist it to carry out its functions.
(2) The Commission may pay to any person engaged under subclause (1) of this clause, for services rendered by that person, such fees or commissions or both as it thinks fit, and may reimburse any such person for expenses reasonably incurred in rendering services for the Commission.
Compare: 1974 No 66 s 11A; 1988 No 109 s 5
7 Officers of Commission
-
(1) There may from time to time be appointed under the State Sector Act 1988 a Chief Executive Officer of the Commission and such other officers as may be required to enable the Commission to carry out and exercise its functions, duties, and powers.
(2) Any person may hold any office under this clause in conjunction with any other office in the Public Service.
Compare: 1974 No 66 s 12; 1977 No 109 s 2; 1980 No 82 s 4
8 Commission to be a Commission of Inquiry
-
(1) The Commission is hereby deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to this Act, the provisions of that Act (except sections 2 and 4A and sections 11 to 15), as far as they are applicable, shall apply accordingly.
(2) The Chairperson of the Commission, or any other person (being a member of the Commission or an officer of the Public Service) purporting to act by direction or with the authority of the Chairperson, may issue summonses requiring the attendance of witnesses before the Commission, or the production of documents, or may do any other act preliminary or incidental to the investigation or consideration of any matter by the Commission.
Compare: 1974 No 66 s 13; 1977 No 109 s 2
9 Evidence in proceedings before Commission
-
(1) The Commission may receive as evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matter being dealt with, whether or not the same would be otherwise admissible in a Court of law.
(2) Subject to subclause (1) of this clause, the Evidence Act 1908 shall apply to the Commission and the members thereof and to all proceedings before the Commission in the same manner as if the Commission were a Court within the meaning of that Act.
Compare: 1974 No 66 s 14; 1977 No 109 s 2
10 Annual report
-
(1) The Commission shall furnish to the Minister a report of its proceedings and operations during each year ending with the 30th day of June as soon as practicable after the end of that year.
(2) A copy of the report shall be laid before the House of Representatives as soon as practicable after its receipt by the Minister.
Compare: 1974 No 66 s 37I; 1977 No 109 s 2
Schedule 3B |
s 37ZZT |
[Repealed]
Schedule 3B was inserted, as from 1 November 1989, by section 45 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Schedule 3B heading was substituted, as from 1 July 1992, by section 73(1) Local Government Amendment Act 1992 (1992 No 42).
Schedule 3B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
1
Provisions which, if considered necessary or desirable as a consequence of a reorganisation scheme, are to be included in any Order in Council giving effect to that scheme
1
Provisions determining the nature or constitution of any new authority.
2
Provisions declaring that the union, constitution, abolition, or alteration of boundaries of any district or districts or the constitution, dissolution, or abolition of any local authority shall be deemed to have been effected under any existing Act that is specified in that behalf.
3
Provisions necessary with respect to the first or any election or appointment of members of any local authority affected by the scheme.
4
Subject to this Act, such provisions as are necessary for the effective transition and future carrying out of functions that are to be transferred from one local authority to another local authority.
5
-
Provisions dealing with the administration of any existing proposed or operative district plan or regional plan under the Resource Management Act 1991.
Clause 5 was substituted, as from 10 September 1999, by section 12(1) Local Government Amendment Act (No 4) 1999 (1999 No 108).
6
Where a local authority is constituted or any function is assumed by, or transferred to, a local authority, provisions in respect of—
(i) The committee structure of that local authority:
(ii) The membership and functions of any committee of that local authority—
for a period not exceeding 3 years.
7
Subject to this Act, provisions dealing with the apportionment or disposition of the assets and liabilities of all or any of the local authorities affected by the scheme, which provisions may include the date on which any of the apportionment or disposition shall take place or be deemed to have taken place.
8
Provisions dealing with the division of any local authority into wards, constituencies, or other electoral subdivisions.
9
Where a new district is constituted,—
(a) Provisions with respect to the discharge of the functions of the local authority pending the first election of councillors or members of the local authority; and
(b) Provisions dealing with the convening of the first meeting of the local authority.
10
Where—
(a) A new district is constituted; or
(b) The boundaries of an existing district (hereinafter referred to as the enlarged district) are altered by the inclusion in that district of the whole part of another district,—
provisions determining the system of rating to be in force in the new district or enlarged district, which provisions may provide that for a specified period different rating systems shall be applied to all rates, or to such kinds of rates as are specified in the scheme, made and levied in those parts of the new district or enlarged district that were or formed part of separate districts.
10A
Notwithstanding anything in clause 10 of this Schedule, where the Local Government Commission agrees, provisions that provide that for a specified period (not exceeding 5 years) different rating systems may be applied to all rates in a district, or to such kinds of rates as are specified in the order, made and levied in those parts of the new district or enlarged district at the time the order takes effect.
11
Where a district is abolished and the whole or any part of it is included in the district of any other local authority, provisions in relation to the representation of that first-mentioned district or part of it on that local authority until the next general election of councillors or members of that local authority.
2
Provisions that apply in respect of every reorganisation scheme unless amended or declared not to apply by the Order in Council giving effect to the scheme
12
The local authority that assumes, pursuant to the scheme, jurisdiction over an area formerly comprising or forming part of a separate district or takes over the functions of a local authority shall have, and may exercise, and shall be responsible for,—
(a) All the powers, duties, acts of authority, and functions which were previously exercised by any former local authority or would have been so exercised by it if it had remained in existence or in control of that area:
(b) All the liabilities, obligations, engagements, and contracts that were previously the responsibility of any former local authority, or for which it would have been responsible if it had remained in existence or in control of that area:
(c) All actions, suits and proceedings pending by or against any former local authority, or that would have been the responsibility of that local authority if it had remained in existence or in control of that area.
13
The duties, powers, and functions of the Chairperson and principal administrative officer of the former local authority shall be exercised by the Chairperson and principal administrative officer, respectively, of its successor.
14
All property, real and personal, vested in an abolished local authority, shall vest in its successor, subject to all existing encumbrances.
15
A local authority that assumes jurisdiction over an area that was formerly part of a separate district shall, subject to all existing encumbrances, have vested in it all land situated in that area that was vested in the local authority that formerly had jurisdiction over that area.
16
All bylaws in force in the district of an abolished local authority, or in the part of a district included in another district, which are applicable to the altered circumstances of the new controlling local authority, shall become bylaws of that local authority; and every such bylaw shall, until revoked or altered by that local authority, remain in force in the area in which it was in force immediately before the abolition or, as the case may be, the alteration of boundaries. Where any such bylaw cannot be restricted to that area, that bylaw shall be deemed inapplicable and revoked by the abolition, or alteration of boundaries, as the case may be.
17
All rates or levies and other money payable in respect of—
(a) An abolished local authority; or
(b) Any area of land included in the district of another local authority—
shall become due and payable to the new local authority.
18
Where the area of an abolished district comprises part only of another district, any money to the credit of the abolished local authority's accounts shall, after all liabilities have been provided for, be expended to the benefit of the residents of that area, and any money required to be paid into the accounts of the abolished local authority to meet any deficiency therein shall be raised within the area of the abolished local authority.
19
Subject to clause 32 of this Schedule, the rights or interests of creditors of any district or region shall not be affected.
20
The valuation rolls, electoral rolls, and rate records in force—
(a) In the district of an abolished local authority; or
(b) In relation to any part of the district of a local authority included in the district of another local authority—
shall continue in force in the district of the new controlling local authority until such rolls or records are made by that local authority, and until that time the Rating Powers Act 1988 shall apply as if the new district or enlarged district was the district of a special-purpose authority and the areas from which it was formed were constituent districts.
21
-
[Repealed]
Clause 21 was repealed, as from 10 September 1999, by section 12(2) Local Government Amendment Act (No 4) 1999 (1999 No 108).
21A
-
Subject to sections 101X, 101Y, 101ZA, and 101ZB of this Act, where part of a district is excluded therefrom and included in another district, the members of the local authority of the first-mentioned district shall continue to be members thereof as if that part had not been excluded from the district.
Clause 21A was inserted, as from 1 July 1994, by section 18(1) Local Government Amendment Act 1994 (1994 No 68).
22
-
Where any area of land is included in the district of another territorial authority, the civil defence emergency management group plan under the Civil Defence Emergency Management Act 2002 for the district in which the land is included must be the only civil defence emergency management group plan under the Civil Defence Emergency Management Act 2002 to apply in that area.
Clauses 22 and 23 were substituted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.
23
-
Where a new district is constituted, every civil defence emergency management group plan under the Civil Defence Emergency Management Act 2002 that is in force in respect of any area included in that district must continue in force until a new plan is prepared and approved for the district under Part 3 of the Civil Defence Emergency Management Act 2002.
Clauses 22 and 23 were substituted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.
3
Provisions consequential upon the coming into effect of Order in Council giving effect to reorganisation scheme
The heading to Part 3 was substituted, as from 1 July 1992, by section 73(3) Local Government Amendment Act 1992 (1992 No 42).
24
-
In any case where, pursuant to a reorganisation scheme,—
-
(a) Either
(i) Two or more districts, whether of the same kind or not, are united; or
(ii) A district is included in another district or is abolished; or
(iii) Any part of any district that is or includes a part of that district that is separately defined for the purposes of a loan or loans is excluded from the district and is constituted a new district or included in any other district; and
(b) Before the union or, as the case may be, the inclusion or abolition or exclusion, the local authority of an area formerly comprising a separate district or, as the case may be, of the district from which the part thereof was excluded has resolved to raise a loan under Part 7B of this Act, being, in any case to which subparagraph (a)(iii) of this clause applies, a loan for the benefit of that defined part, but had not raised the loan or had raised part only of the loan, and the resolution to raise the loan had not lapsed,—
the local authority that, pursuant to the scheme, assumes jurisdiction over an area formerly comprising a separate district, or, as the case may be, formerly constituted a defined part of the district from which it was excluded, shall have and may exercise, subject to any provisions that the Order in Council may make to the contrary, all the powers to raise the loan, or such part of the loan as has not already been raised, that could have been exercised by the local authority that had resolved to raise the loan if it had remained in existence or in control of the part excluded from its district, and shall be subject to the same duties, obligations, and liabilities as were or would have been imposed on that last-mentioned authority.
Clause 24 was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
-
25
Where, on the addition of any area to the district of any territorial authority, any liability is imposed on the local authority, any special rate made and levied as security for any loan raised under clause 24 of this Schedule may be made and levied over the whole district or, if the special order to raise the loan so provides, over the area so added.
26
-
Where part of a district is excluded therefrom and included in another district, the remaining part of the first-mentioned district shall continue to be the same district.
Clause 26 was substituted, as from 1 July 1994, by section 18(2) Local Government Amendment Act 1994 (1994 No 68).
Apportionment of Assets and Liabilities
27
Where the Order in Council does not make provision for the apportionment of the assets and liabilities of the local authorities affected by the Order, those local authorities may by agreement determine the manner in which those assets and liabilities shall be apportioned.
28
If no such agreement is entered into by the local authorities concerned within 3 months after the date of the coming into force of the Order, any local authority directly affected may apply to the Commission for an order apportioning assets and liabilities, and the Commission shall make an order directing the manner in which assets and liabilities are to be apportioned as between the local authorities concerned.
29
For the purpose of deciding any application to the Commission under clause 28 of this Schedule, the Commission shall consult with the Audit Office and with the local authorities directly affected, and may make such enquiries as it thinks fit, and may obtain advice from any other person who, in the opinion of the Commission, has expert knowledge concerning any aspect of the matter to be decided.
30
In the exercise of its powers under clause 28 of this Schedule, the Commission may identify the assets and liabilities to be transferred, which assets and liabilities shall include all amounts and items that ought properly to be treated as being of the same character irrespective of how they may be described in the accounts or records of any local authority.
31
Apportionment of Loan Liabilities
32
-
Where,—
-
(a) Pursuant to the Order in Council,—
(i) Two or more local authorities are united; or
(ii) The district of a local authority is included in the district of another local authority; or
(iii) Some or all of the functions are transferred to another local authority; and
(b) The Order in Council does not make provision in respect of any loan liabilities of the local authorities affected,—
the loan liabilities shall, notwithstanding anything to the contrary in this Act or any other enactment, become the loan liabilities of the local authority whose district is formed by the union of the 2 or more districts, or, as the case may be, the local authority in which the district of the other local authority was included or the local authority to which the functions were transferred.
Clause 32 was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words
“this Act”
for the words“the Local Authorities Loans Act 1956”
. -
33
-
Where,—
-
(a) Pursuant to the Order in Council,—
(i) A new local authority is constituted comprising or including part only of the district of another local authority then existing; or
(ii) The boundaries of the district of a local authority are altered by the inclusion therein of an area of land forming part of another such district; or
(iii) A local authority is abolished and its district is included in the districts of more than one existing local authority or newly constituted local authorities; or
(iv) Part of the functions of a local authority is transferred to another local authority; and
(b) The Order in Council does not make provision in respect of any loan liabilities of the local authorities affected,—
then, notwithstanding anything to the contrary in Part 7B of this Act or in any other enactment, those loan liabilities shall be apportioned among those local authorities in the manner determined by agreement among the local authorities affected.
Clause 33 was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words
“Part 7B of this Act”
for the words“the Local Authorities Loans Act 1956”
. -
34
If no agreement under clause 33 of this Schedule is entered into by the local authorities affected before or within 14 days after the coming into force of the Order in Council or in any case where any one or more of those local authorities are new local authorities, within 14 days after the first meeting of each such new local authority or local authorities, assessors shall be appointed as follows to determine how the loan liabilities to which that subsection applies shall be apportioned, namely,—
(a) Two independent persons shall be appointed as assessors, one by the local authority from which the loan liabilities are to be transferred and one by the local authority or local authorities to, or among which, the loan liabilities are to be apportioned:
(b) The assessors shall, within 7 days after their appointment as such, and before commencing to consider the apportionment of the loan liabilities, appoint a third person to act as arbitrator between the assessors.
35
After making such enquiries as they think fit, the assessors shall, within 2 months after their appointment, determine how the loan liabilities are to be apportioned. Any matters upon which the assessors cannot reach agreement shall be referred from time to time to the arbitrator for decision and that decision shall form part of the assessors' determination.
36
The determination of the assessors shall be final and shall have the same force as if it were an agreement between the local authorities affected.
37
Every person having the possession or custody of any relevant books, papers, accounts, or documents shall allow the assessors and the arbitrator to have access thereto for the purpose of the assessment or arbitration.
38
-
A certificate under the common seal of each of the local authorities affected shall be accepted for all purposes as sufficient evidence and verification that the local authority named in the certificate has acquired from the other local authority the duties, obligations, and liabilities (including liabilities under stocks or debentures) and powers in respect of the loan liabilities therein specified.
Clause 38 was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
39
Notwithstanding anything to the contrary in this Act, where pursuant to an Order in Council a local authority is abolished, that local authority shall continue in existence, for the purposes of this section, until a certificate under clause 38 of this Schedule has been lodged with the Registrar of Stock.
40
-
All principal and interest payable in respect of any stock or debenture issued in respect of any loan or part thereof to which clauses 32 to 49 of this Schedule apply shall constitute a debt due by the local authority which has assumed responsibility therefor to the registered holder of the stock or holder of the debenture, and the repayment of that principal and interest shall be pledged on the revenues of that local authority.
Clause 40 was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words
“clauses 32 to 49 of this Schedule apply”
for the words“this section applies”
.
41
-
Where a local authority has made a special rate for the purpose of securing any such loan and the interest thereon, that rate shall be deemed to have been made by the local authority assuming responsibility for the loan.
Clause 41 was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
42
The Registrar of Stock shall, on written application under the seal of the local authority assuming responsibility for the loan liability, substitute the name of that local authority in the stock register for the name of the local authority by which the loan was originally raised.
43
The Registrar of Stock shall continue to act as Registrar of the loan or part thereof in terms of the agreement originally made with the local authority that originally raised the loan, as if that agreement had been entered into between the Registrar and the local authority which assumed responsibility for the loan liability.
44
-
Where a local authority has appropriated or pledged any revenues other than rates of that local authority or any constituent authority for the purpose of securing any loan or the interest thereon, and the loan liability is transferred to any local authority that is empowered by any enactment to make and levy any rate, section 122ZE of this Act shall apply in respect of that loan liability as if that local authority had resolved under Part 7B of this Act to raise that loan.
Clause 44 was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
45
Where a local authority has established a sinking fund for the purpose of providing money for the repayment of any loan the liability for which is transferred to any local authority pursuant to this section, the Commissioners of that fund shall transfer to the Commissioners of the local authority which assumed responsibility for that loan all money and other real and personal property held by them for that purpose.
46
The Sinking Fund Commissioners of the local authority by whom the sinking fund is transferred under clause 45 of this Schedule shall go out of office on the coming into force of the Order in Council referred to in clause 32 or clause 33 of this Schedule as the case may be but shall continue in office after that date for the purposes of completing any transfer under clause 45 of this Schedule.
47
Where before the commencement of this Act the loan liabilities or part of the loan liabilities of a local authority have been transferred to another local authority or apportioned among several other local authorities pursuant to an Order in Council or by agreement or other arrangement between the local authorities concerned made or entered into for the purpose of giving effect to a reorganisation scheme, and the transfer or apportionment would have been valid if this section had been in force when the transfer or apportionment was made, that transfer or apportionment is hereby declared to be and always to have been validly made.
48
-
Where, pursuant to an apportionment on the severance or addition of any area from or to the district of a territorial authority, any liability is imposed on the Corporation of the district, it shall be lawful for the territorial authority to borrow under Part 7B of this Act.
Clause 48 was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
49
-
Where, pursuant to clause 34 of this Schedule, assessors and an arbitrator are appointed, the local authorities affected shall, in proportion to the apportionment of the loan liabilities determined under this section, pay to each assessor and the arbitrator remuneration and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 as if the assessors and the arbitrator were members of a statutory Board within the meaning of that Act.
Compare: 1974 No 66 s 37F
Payment on Transfer of Trading Undertaking
50
Where the Order in Council contains provisions for the transfer of a trading undertaking (as defined in section 201 of this Act) or part thereof from any local authority (the transferor) to any other local authority (the transferee) then, if the transferor continues in existence, it may, by notice in writing to the transferee, or the transferee may, by notice in writing to the transferor, require that assessors (the assessors) be appointed to determine whether or not any payment in respect of the transfer of that trading undertaking or part thereof shall be made under this section by the transferee to the transferor or by the transferor to the transferee and, if so, the amount of the payment that is to be made, and the provisions of the following clauses shall apply accordingly.
51
Nothing in this Part of this Schedule shall be construed as limiting in any way or permitting or requiring a postponement of the transfer of a trading undertaking or part thereof pursuant to the Order in Council.
52
The following provisions shall apply with respect to the assessors:
(a) Two independent persons shall be appointed as the assessors within 1 month after the giving of the notice under clause 50 of this Schedule, one by the transferor and one by the transferee:
(b) The assessors shall, within 1 month after being appointed as such and before commencing to consider whether or not a payment shall be made appoint a third person to act as arbitrator as between the assessors in respect of any matter on which they are unable to reach agreement.
53
If the assessors, or as the case may be, the arbitrator, determine that a payment shall be made, the assessors or the arbitrator shall determine the amount of the payment:
Provided that the amount shall not exceed,—
(a) In the case of a payment to be made by the transferee to the transferor, the estimated trading surpluses which but for the transfer would be likely to be derived by the transferor from that trading undertaking or part thereof during the period of 5 years after the date of the transfer to the transferee:
(b) In the case of a payment to be made by the transferor to the transferee, the estimated trading losses likely to be incurred by the transferee in respect of that trading undertaking or that part thereof during the period of 5 years after the date of the transfer thereof to the transferee.
54
In assessing the estimated trading surpluses or trading losses, the assessors or the arbitrator, as the case may be, shall consider the trading undertaking, or the part thereof transferred, as an activity self-contained according to the nature of its operation, and shall apply generally accepted principles of accounting in determining the amount of profit or deficit that could be expected to be derived or incurred from the operation of the trading undertaking or, as the case may be, the part thereof transferred.
55
Subject to clause 53 of this Schedule, the decision of the assessors, if they agree, or of the arbitrator, if they do not agree, as to whether or not any payment shall be made under this Schedule, and, if so, the amount to be paid, shall be final and shall be binding on the transferor and the transferee.
56
If the assessors or, as the case may be, the arbitrator decide that any payment shall be made under this Schedule, the amount thereof shall be paid in one sum or by instalments in accordance with the decision of the assessors or, as the case may be, of the arbitrator, and, if payment is to be made by instalments, the instalments shall not extend over a period of more than 5 years.
57
Every person having the possession or custody of any relevant books, papers, accounts, or documents shall allow the assessors and the arbitrator to have access thereto for the purposes of this Schedule.
58
-
If a local authority makes default in making a payment in accordance with clause 56 of this Schedule, it shall be liable for and shall pay interest on the amount so remaining unpaid, until payment thereof, at the rate which is for the time being charged by any bankers of the local authority for money owing to them by the local authority or which would be charged if money were owing.
Compare: 1974 No 66 s 37H and Schedule 3; 1988 No 109 s 10
Apportionment of Petroleum Tax Revenue
59
-
(1) This clause shall apply where, pursuant to an Order in Council or other instrument giving effect to a proposal in a final reorganisation scheme under this Act,—
(a) A new district of a component authority is constituted comprising or including part only of another such district then existing; or
(b) The boundaries of the district of a component authority are altered by the inclusion therein of an area of land forming part of another such district,—
and any proceeds of a petroleum tax levied under Part 11 of this Act are distributed among the component authorities affected by the proposal in accordance with Part 11 of this Act.
(2) Notwithstanding the requirement of Part 11 of this Act that those proceeds shall be distributed according to the proportion which the total rate revenue of each such component authority for the immediately preceding financial year bears to the total rate revenue of all the component authorities within the meaning of Part 11 of this Act for the preceding financial year, the component authorities whose districts have respectively been increased and decreased in area and the component authority for the newly constituted district, as the case may require, may by agreement determine the basis on which those proceeds shall be distributed among them until the expiration of the year commencing on the 1st day of July on or after the day on which the Order in Council or other instrument comes into force.
(3) Clauses 29 to 31 of this Schedule shall apply as if an order of the Commission under clause 28 of this Schedule were an order determining an issue under subclause (2) of this clause.
(4) Nothing in this clause shall have effect so as to alter the provisions of Part 11 of this Act in respect of the proportion of the proceeds of any tax distributed under that Part to any constituent authorities whose districts are not altered by the Order in Council or other instrument.
Compare: 1974 No 66 s 37G; 1977 No 109 s 2
Subclause (2) was amended, as from 1 July 1992, by section 73(4) Local Government Amendment Act 1992 (1992 No 42) by substituting the word
“July”
for the word“April”
.
Schedule 4 |
[Repealed]
The original Schedule 4 was inserted, as from 1 April 1978, by section 7(1)(b) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Schedule 4 was substituted, as from 6 June 1989, by section 46(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Schedule 4 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Declaration by Mayor or Chairperson or member
| I, A B, declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute and perform, in the best interests of the [State name of region, district, or community] the powers, authorities, and duties vested in or imposed upon me as Mayor (or as Chairperson) (or as a member) of the [State name of local authority or community board] by virtue of the Local Government Act 1974, the Local Government Official Information and Meetings Act 1987, or any other Act. | ||
| Dated at this day of 19 . | ||
| Signature:.................... | ||
| Signed in the presence of— | ||
| C D, Mayor (or Chairperson or member of local authority or Principal Administrative Officer). | ||
Schedule 4 was amended, as from 1 July 1991, by section 22 Local Government Amendment Act 1991 (1991 No 49) by substituting the words
“[State name of region, district, or community]”
for the words“[State name of local authority or community board]”
in the first place where it appears.
Schedule 4A |
[Repealed]
Schedule 4A was inserted, as from 1 July 1992, by section 74 Local Government Amendment Act 1992 (1992 No 42).
Schedule 4A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
| Class of Local Authority | Act under which Constituted | ||
| 1. | Regional Councils | 1974, No 66—The Local Government Act 1974 (RS Vol 39, p 109) | |
| 2. | (a) | Territorial authorities | 1974, No 66—The Local Government Act 1974 (RS Vol 39, p 109) |
| (b) | The Selwyn Plantation Board | ||
| (c) | The Marlborough Forestry Corporation | 1970, No 17 (Local)—The Marlborough Forestry Corporation Act 1970 | |
| (d) | The Masterton Trust Lands Trust | 1966, No 27 (Local)—The Masterton Trust Lands Act 1966 | |
| (e) | The Aotea Centre Board of Management | ||
| (f) | The Auckland Regional Services Trust | 1974, No 66—The Local Government Act 1974 (RS Vol 39, p 109) | |
| 3. | |||
| 4. | |||
Clause 2(b) was impliedly repealed, as from 8 October 1998, by section 20(3) Selwyn Plantation Board Empowering Act 1992 (1992 No 4(L)). See clause 2 Selwyn Plantation Board Empowering Act Commencement Order 1998 (SR 1998/261).
Clause 2(e) was repealed, as from 8 October 1998, by section 6 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 (2001 No 98).
Clause 3 was repealed, as from 7 October 1994, by section 96(1) Energy Companies Act 1992 (1993 No 23). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).
Clause 4 was repealed, as from 11 May 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Schedule 5
[Repealed]
Schedule 5 was inserted, as from 1 April 1978, by section 7(1)(b) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Schedule 5 was repealed, as from 29 June 1988, by section 209(1) Rating Powers Amendment Act 1988 (1988 No 97).
Schedule 5A
[Repealed]
Schedule 5A was inserted by section 11(2) Local Government Amendment Act (No 2) 1982 (1982 No 166).
Schedule 5A was repealed, as from 29 June 1988, by section 209(1) Rating Powers Amendment Act 1988 (1988 No 97).
Schedule 6 |
Schedule 6 was inserted, as from 1 April 1978, by section 7(1) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Schedule 6 heading: amended, on 1 October 2008, by section 20(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
| Scale | Specified engine fuel that is motor spirit or ethyl alcohol Per Litre | Specified engine fuel that is diesel or biodiesel Per Litre |
|---|---|---|
| A................................................................... |
0.66 cent | 0.33 cent |
| B................................................................... |
0.44 cent | 0.22 cent |
| C................................................................... |
0.22 cent | 0.11 cent |
Schedule 6 table column 2 heading: amended, on 1 October 2008, by section 20(2)(a) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Schedule 6 table column 3 heading: amended, on 1 October 2008, by section 20(2)(b) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Schedule 7 |
The original Schedule 7 was inserted, as from 1 April 1978, by section 7(1)(b) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Schedule 7 was substituted, as from 1 July 1992, by section 75 Local Government Amendment Act 1992 (1992 No 42).
| Tax Area | Component Districts (“(D)”Indicates the Distribution Authority) |
|---|---|
| 1. Northland | Far North District |
| Whangarei District (D) | |
| Kaipara District | |
| 2. Auckland | Rodney District |
| Waitakere City | |
| North Shore City | |
| Auckland City (D) | |
| Manukau City | |
| Papakura District | |
| Franklin District | |
| 3. Waikato-Coromandel | Waikato District |
| Hamilton City (D) | |
| Thames-Coromandel District | |
| Hauraki District | |
| Matamata-Piako District | |
| South Waikato District | |
| Waipa District | |
| 4. Bay of Plenty | Western Bay of Plenty District |
| Tauranga District | |
| Rotorua District (D) | |
| Whakatane District | |
| Kawerau District | |
| Opotiki District | |
| Taupo District | |
| 5. King Country | Otorohanga District (D) |
| Waitomo District | |
| Ruapehu District | |
| 6. Taranaki | New Plymouth District (D) |
| Stratford District | |
| South Taranaki District | |
| 7. Wanganui | Wanganui District (D) |
| Rangitikei District | |
| 8. Manawatu | Palmerston North City (D) |
| Manawatu District | |
| Horowhenua District | |
| 9. East Coast | Gisborne District (D) |
| Wairoa District | |
| 10. Hawke's Bay | Napier City (D) |
| Hastings District | |
| Central Hawke's Bay District | |
| Tararua District | |
| 11. Wairarapa | Masterton District (D) |
| Carterton District | |
| South Wairarapa District | |
| 12. Wellington-Hutt Valley | Kapiti Coast District |
| Porirua City | |
| Wellington City (D) | |
| Lower Hutt City | |
| Upper Hutt City |
| 13. Nelson | Nelson City (D) |
| Tasman District | |
| 14. Marlborough | Marlborough District (D) |
| Kaikoura District | |
| 15. West Coast | Buller District |
| Grey District (D) | |
| Westland District | |
| 16. North Canterbury | Hurunui District |
| Waimakariri District (D) | |
| 17. Christchurch | Christchurch City (D) |
| Banks Peninsula District | |
| Selwyn District | |
| 18. South Canterbury | Ashburton District |
| Timaru District (D) | |
| MacKenzie District | |
| Waimate District | |
| 19. Coastal Otago | Waitaki District |
| Dunedin City (D) | |
| Clutha District | |
| 20. Central Otago | Central Otago District (D) |
| Queenstown-Lakes District | |
| 21. Southland | Southland District |
| Invercargill City (D) | |
| Gore District. |
Schedule 8 |
Schedule 8 was inserted, as from 1 April 1978, by section 7(1)(b) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Schedule 8 heading: amended, on 1 October 2008, by section 21(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Schedule 8: amended, on 1 October 2008, by section 21(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
In accordance with a decision made under section 185 (or section 187) of the Local Government Act 1974, a local authorities fuel tax will be levied on the following scale with effect on and after [State effective date] and within the tax area consisting of [State name of component districts within the tax area].
| Scale | Motor Spirits Per Litre | Diesel Fuel Per Litre |
|---|---|---|
| A................................................................... |
0.66 cent | 0.33 cent |
| B................................................................... |
0.44 cent | 0.22 cent |
| C................................................................... |
0.22 cent | 0.11 cent |
Dated this ............. day of ............. 19 ... .
Principal Administrative Officer of [Name of taxing authority], distribution authority of tax area.
Schedule 9
Tenders and contracts
[Repealed]
Schedule 10 |
Schedules 10, 11, 12, and 13 were inserted, as from 1 April 1979, by section 3(1) Local Government Amendment Act 1978. (1978 No 43)
Stopping of roads
1
-
The council shall prepare a plan of the road proposed to be stopped, together with an explanation as to why the road is to be stopped and the purpose or purposes to which the stopped road will be put, and a survey made and a plan prepared of any new road proposed to be made in lieu thereof, showing the lands through which it is proposed to pass, and the owners and occupiers of those lands so far as known, and shall lodge the plan in the office of the Chief Surveyor of the land district in which the road is situated. The plan shall separately show any area of esplanade reserve which will become vested in the council under section 345(3) of this Act.
Clause 1 was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by inserting the words
“why the road is to be stopped and”
, and the words“The plan shall separately show any area of esplanade reserve which will become vested in the council under section 345(3) of this Act”
.
2
On receipt of the Chief Surveyor's notice of approval and plan number the council shall open the plan for public inspection at the office of the council, and the council shall at least twice, at intervals of not less than 7 days, give public notice of the proposals and of the place where the plan may be inspected, and shall in the notice call upon persons objecting to the proposals to lodge their objections in writing at the office of the council on or before a date to be specified in the notice, being not earlier than 40 days after the date of the first publication thereof. The council shall also forthwith after that first publication serve a notice in the same form on the occupiers of all land adjoining the road proposed to be stopped or any new road proposed to be made in lieu thereof, and, in the case of any such land of which the occupier is not also the owner, on the owner of the land also, so far as they can be ascertained.
3
A notice of the proposed stoppage, shall during the period between the first publication of the notice and the expiration of the last day for lodging objections as aforesaid be kept fixed in a conspicuous place at each end of the road proposed to be stopped:
Provided that the council shall not be deemed to have failed to comply with the provisions of this clause in any case where any such notice is removed without the authority of the council, but in any such case the council shall, as soon as conveniently may be after being informed of the unauthorised removal of the notice, cause a new notice complying with the provisions of this clause to be affixed in place of the notice so removed and to be kept so affixed for the period aforesaid.
4
If no objections are received within the time limited as aforesaid, the council may by public notice declare that the road is stopped; and the road shall, subject to the council's compliance with clause 9 of this Schedule, thereafter cease to be a road.
5
-
If objections are received as aforesaid, the council shall, after the expiration of the period within which an objection must be lodged, unless it decides to allow the objections, send the objections together with the plans aforesaid, and a full description of the proposed alterations to the Environment Court.
Clause 5 was amended, as from 2 September 1996, by section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words
“Environment Court”
for the words“Planning Tribunal”
.
6
-
The Environment Court shall consider the district plan, the plan of the road proposed to be stopped, the council's explanation under clause 1 of this Schedule, and any objection made thereto by any person, and confirm, modify, or reverse the decision of the council which shall be final and conclusive on all questions.
Clause 6 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Clause 6 was amended, as from 2 September 1996, by section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words
“Environment Court”
for the words“Planning Tribunal”
.
7
-
If the Environment Court reverses the decision of the council, no proceedings shall be entertained by the Environment Court for stopping the road for 2 years thereafter.
Clause 7 was amended, as from 2 September 1996, by section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words
“Environment Court”
for the words“Planning Tribunal”
.
8
-
If the Environment Court confirms the decision of the council, the council may declare by public notice that the road is stopped; and the road shall, subject to the council's compliance with clause 9 of this Schedule, thereafter cease to be a road.
Clause 8 was amended, as from 2 September 1996, by section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words
“Environment Court”
for the words“Planning Tribunal”
.
9
Two copies of that notice and of the plans hereinbefore referred to shall be transmitted by the council for record in the office of the Chief Surveyor of the land district in which the road is situated, and no notice of the stoppage of the road shall take effect until that record is made.
10
The Chief Surveyor shall allocate a new description of the land comprising the stopped road, and shall forward to the District Land Registrar or the Registrar of Deeds, as the case may require, a copy of that description and a copy of the notice and the plans transmitted to him by the council, and the Registrar shall amend his records accordingly.
Temporary prohibition of traffic
11
-
The council may, subject to such conditions as it thinks fit (including the imposition of a reasonable bond), and after consultation with the Police and the Ministry of Transport, close any road or part of a road to all traffic or any specified type of traffic (including pedestrian traffic)
(a) While the road, or any drain, water race, pipe, or apparatus under, upon, or over the road, is being constructed or repaired; or
(b) Where, in order to resolve problems associated with traffic operations on a road network, experimental diversions of traffic are required; or
(c) During a period when public disorder exists or is anticipated; or
(d) When for any reason it is considered desirable that traffic should be temporarily diverted to other roads; or
(e) For a period or periods not exceeding in the aggregate 31 days in any year for any exhibition, fair, show, market, concert, film-making, race or other sporting event, or public function:
Provided that no road may be closed for any purpose specified in paragraph (e) of this clause if that closure would, in the opinion of the council, be likely to impede traffic unreasonably.
Clause 11 was substituted, as from 14 August 1986, by section 14(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
11A
-
The council shall give public notice of its intention to consider closing any road or part of a road under clause 11(e) of this Schedule; and shall give public notice of any decision to close any road or part of a road under that provision.
Clauses 11A to 11C were inserted, as from 14 August 1986, by section 14(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
11B
-
Where any road or part of a road is closed under clause 11(e) of this Schedule, the council or, with the consent of the council, the promoter of any activity for the purpose of which the road has been closed may impose charges for the entry of persons and vehicles to the area of closed road, any structure erected on the road, or any structure or area under the control of the council or the promoter on adjoining land.
Clauses 11A to 11C were inserted, as from 14 August 1986, by section 14(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
11C
-
Where any road or part of a road is closed under clause 11(e) of this Schedule, the road or part of a road shall be deemed for the purposes of—
(a) The Transport Act 1962 and any bylaws made under section 72 of that Act:
(b) The Traffic Regulations 1976:
(c) The Transport (Drivers Licensing) Regulations 1985:
(e) The Transport (Vehicle Registration and Licensing) Notice 1986:
(ea) The Land Transport Act 1998:
(f) Any enactment made in substitution for any enactment referred to in paragraphs (a) to (ea) of this clause—
not to be a road; but nothing in this clause shall affect the status of the road or part of a road as a public place for the purposes of this or any other enactment.
Clauses 11A to 11C were inserted, as from 14 August 1986, by section 14(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
Paragraph (ea) was inserted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Paragraph (f) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the expression
“paragraphs (a) to (ea)”
for the expression“paragraphs (a) to (e)”
.
12
13
Where it appears to the council that owing to climatic conditions the continued use of any road in a rural area, other than a State highway or Government road, not being a road generally used by motor vehicles for business or commercial purposes or for the purpose of any public work, may cause damage to the road, the council may by resolution prohibit, either conditionally or absolutely, the use of that road by motor vehicles or by any specified class of motor vehicle for such period as the council considers necessary.
14
Where a road is closed under clause 13 of this Schedule, an appropriate notice shall be posted at every entry to the road affected, and shall also be published in a newspaper circulating in the district.
15
A copy of every resolution made under clause 13 of this Schedule shall, within 1 week after the making thereof, be sent to the Minister of Transport, who may at any time, by notice to the council, disallow the resolution, in whole or in part, and thereupon the resolution, to the extent that it has been disallowed, shall be deemed to have been revoked.
16
-
No person shall—
(a) Use a vehicle, or permit a vehicle to be used, on any road which is for the time being closed for such vehicles pursuant to clause 11 of this Schedule; or
(aa) Without the consent of the council or the promoter of any activity permitted by the council, enter or attempt to enter, or be present, on any road or part of a road that is for the time being closed to pedestrian traffic pursuant to clause 11 of this Schedule; or
(b) Use a motor vehicle, or permit a motor vehicle to be used, on any road where its use has for the time being been prohibited by a resolution under clause 13 of this Schedule.
Paragraph (aa) was inserted, as from 14 August 1986, by section 14(2) Local Government Amendment Act (No 3) 1986 (1986 No 50).
Schedule 11 |
Section 325(1) |
[Expired]
Schedule 12 |
Section 326(3) |
Schedules 10, 11, 12, and 13 were inserted, as from 1 April 1979, by section 3(1) Local Government Amendment Act 1978 (1978 No 43).
Form 1
Claim for payment on account of betterment from the formation or widening of a road or service lane
To . . . . . . . . . . . . , owner of an estate or interest in fee simple [or as the case may be] in the land described below. Whereas the [Name of council] has formed or widened [Describe road or service lane] in the district whereby the value of the land described below which fronts the said road [or] service lane and in which you are interested as aforesaid, has been increased. This is to give you notice that the council claims from you the sum of $ . . . . . . on account of betterment for the said increase in value of the said land. [Description of land] Given under my hand this .............. day of .....................19....... . [Principal Administrative Officer]
Form 1 was amended by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the words
“Formation”
and“formed”
for the words“Creation”
and“created”
Form 2 |
Section 326(5)(b) |
PURSUANT to section 326(5)(b) of the Local Government Act 1974, I, the undersigned . . . . . . . . . . . , hereby charge my estate or interest as [Here describe the same] in [Here describe land] with the payment to the [Name of council] of [Number] equal half-yearly payments of $ . . . . . . . , each payable on the . . . . . . . . . . day of the months of . . . . . . . . . . . . . in each year, the first payment to be made on the . . . . . . . . . . day of . . . . . . . . . . . 19. . . . . , the charge to be a first charge upon my said estate and interest in priority to all estates, encumbrances, and interests created by me or any of my predecessors in title, as provided by the said Act; and I, the said . . . . . . . . . . . , hereby covenant with the said council to pay to the council the said several instalments on the respective dates aforesaid. Given under my hand this . . . . . . . . . . day of . . . . . . . . . . . . . . 19. . . . . .
Schedule 13 |
Section 330(4) |
Schedules 10, 11, 12, and 13 were inserted, as from 1 April 1979, by section 3(1) Local Government Amendment Act 1978 (1978 No 43).
1
The council shall publish in the district a notice of its intention to fix the level, describing therein the road by name and situation, and the proposed level thereof, by reference to plans to be open for inspection at a place named in the notice.
2
The council shall in the notice appoint a day, not being less than 1 month after the publication of the notice, at which it will hear all objections to the proposed level by persons affected thereby.
3
The council shall forthwith after the publication of the notice serve a notice in the same form on the occupiers of all land adjoining that part of the road the level of which is proposed to be fixed and, in the case of any such land of which the occupier is not also the owner, on the owner also, so far as they can be ascertained.
4
All such objections must be in writing, addressed to and sent to the council not less than 10 days before the day of meeting hereinafter referred to.
5
The council shall hold a meeting on the day so notified, at which all persons having so made objections shall be entitled to be heard in support thereof.
6
At that meeting the council may, after considering all such objections, resolve to abandon the proposed level, or to adopt it with any alterations it thinks fit.
7
The council shall publicly notify the level so fixed, and shall in the notice refer to a plan to be deposited at the office of the council, and to be open for inspection.
Schedule 14 |
Sections 379, 380, 402, 426, 433, 445, 454, 477, 501B, 516, 522(1)(c), (d) |
Schedules 14, 15, 16, and 17 were inserted, as from 1 April 1980, by section 6 Local Government Amendment Act 1979 (1979 No 59).
The Schedule heading was amended, as from 19 January 1981, by section 53(a) Local Government Amendment Act 1980 (1980 No 82) by inserting, after the expression
“477”
, the expression“501B”
.The Schedule heading was amended, as from 19 January 1981, by section 53(a) Local Government Amendment Act 1980 (1980 No 82) by inserting, after the words
“drainage works”
, the words“trade waste systems”
.
1
-
Before interfering with any road or other work that is not under the control of the council for the purposes of constructing or maintaining waterworks or drainage works or trade wastes systems or drainage channels, or laying gas pipes, or electricity cables, or erecting poles, the council shall give not less than 1 month's notice in writing to the local authority or body having control of the road or work.
Clause 1 was amended, as from 19 January 1981, by section 53(c) Local Government Amendment Act 1980 (1980 No 82) by inserting the expression
“or trade wastes systems”
.
2
-
If that local authority or body objects to the interference, the matter shall be referred to a District Court, and the decision of the Court shall be final.
In clause (2) the words
“District Court”
were substituted, as from 1 April 1980, for the words“Magistrate's Court”
pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
3
-
The council may at any time interfere with the road or work, so far as may be necessary to effect all necessary repairs in the waterworks or drainage works or trade wastes systems or drainage channels or gas pipes or electricity cables or poles, on giving to that local authority or body not less than 3 days' previous notice in writing of its intention to do so.
Clause 3 was amended, as from 19 January 1981, by section 53(d) Local Government Amendment Act 1980 (1980 No 82) by inserting the expression
“or trade wastes systems”
.
4
-
In any sudden emergency or danger to the waterworks or drainage works or trade wastes systems or drainage channels or gas pipes or electricity cables or poles or property adjoining, the council may, without any previous notice, proceed to effect the necessary repairs, but shall as soon as practicable thereafter inform the local authority or body.
Clause 4 was amended, as from 19 January 1981, by section 53(e) Local Government Amendment Act 1980 (1980 No 82) by inserting the expression
“or trade wastes systems”
.
5
The provisions of this Schedule shall, in relation to any public work that is a Government work to which section 241 of this Act applies, be read subject to that section.
Schedule 15
Conditions as to use of buildings for public meetings, and for other purposes
[Repealed]
Schedules 14, 15, 16, and 17 were inserted, as from 1 April 1980, by section 6 Local Government Amendment Act 1979 (1979 No 59).
Schedule 15 was repealed, as from 15 September 1993, by section 24(2) Building Amendment Act 1993 (1993 No 99).
Schedule 16 |
[Repealed]
Schedules 14, 15, 16, and 17 were inserted, as from 1 April 1980, by section 6 Local Government Amendment Act 1979 (1979 No 59).
Schedule 16 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
1
-
Before the council constructs or undertakes on or under any private land or under any building on private land any works of any of the kinds specified in section 708(1) of this Act, otherwise than with the prior consent in writing of the owner, the following conditions shall be complied with:
(a) A description of the works, accompanied by a plan in the case of any works to be constructed, showing how they affect any such land or building shall be deposited for public inspection at some place within the district in which the works are to be undertaken:
-
(b) The council shall give notice in writing to the occupier of the land or building, except where there is no occupier or where after all reasonable steps have been taken the occupier cannot be found, and also to the owner when known, of the intention to construct the works, and shall refer in the notice to the plan and description, and state where they are on view:
Provided that upon a change of occupier it shall not be necessary to give notice to any subsequent occupier before the work is done:
(c) If within 1 month after the notice is given the occupier or owner serves on the council a written objection to the proposed works, the council shall appoint a day for hearing the objection, and shall give to the objector reasonable notice of the day, time, and place of hearing so as to enable him to attend the hearing:
(d) The council shall hold a meeting on the day so appointed, and may, after hearing any person making any objection, if present, determine to abandon the works proposed, or to proceed therewith, with or without such alterations as the council thinks fit.
Clause 1 was amended, as from 22 December 1980, by section 54(a) Local Government Amendment Act 1980 (1980 No 82) by omitting the words
“in the district”
in two places.Clause 1(a) was amended, as from 22 December 1980, by section 54(a) Local Government Amendment Act 1980 (1980 No 82) by inserting the words
“in which the works are to be undertaken”
.
2
-
Any person who is aggrieved by a determination of the council under clause 1(d) of this Schedule to proceed with the works proposed (with or without alterations) may appeal to a District Court against that determination within 14 days after the date thereof. Pending the decision of the Court on the appeal, the council shall not proceed with the works.
Clause 2 was amended, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125) by substituting the words
“District Court”
for the words“Magistrate's Court”
.
3
On the hearing of the appeal, the Court, whose decision shall be final, may confirm or amend or set aside the determination of the council.
Schedule 17 |
[Repealed]
Schedules 14, 15, 16, and 17 were inserted, as from 1 April 1980, by section 6 Local Government Amendment Act 1979 (1979 No 59).
Schedule 17 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
1910 No 28—The Bylaws Act 1910. Reprinted 1979, RS Vol I, p 411
Fire Service Act 1975: omitted by section 2(8) Fire Service Amendment Act 1986 (1986 No 18).
Joint Council for Local Authorities Services Act 1977: omitted, as from 1 November 1990, by section 57(g) Local Government Amendment Act (No 2) 1989 (1989 No 29).
1908 No 96—The Land Drainage Act 1908. Reprinted 1980, RS Vol 6, p 641
1979 No 41—The Litter Act 1979. Reprinted 1998, RS Vol 38, p 703.
Local Authorities (Employment Protection) Act 1963: repealed, as from 1 November 1990, by section 55(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Local Authorities Loans Act 1956: omitted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
1976 No 144—The Local Elections and Polls Act 1976. Reprinted 1992, RS Vol 28, p 683
2001 No 35— The Local Electoral Act 2001.
Local Electoral Act 2001: substituted for the Local Elections and Polls Act 1976, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See section 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
1974 No 66—The Local Government Act 1974. Reprinted 1998, RS Vol 38,, p 1
Ministry of Transport Act 1968: repealed, as from 1 September 1990, by section 5 Ministry of Transport Act Repeal Act 1990 (1990 No 101).
Municipal Association Act 1939: omitted, as from 1 November 1985, by section 38(5) Local Government Amendment Act 1985 (1985 No 60).
New Zealand Counties Association Act 1949: omitted, as from 1 November 1985, by section 38(5) Local Government Amendment Act 1985 (1985 No 60).
1969 No 141—The Public Bodies Leases Act 1969. Reprinted 1986, RS Vol 18, p 621
1956 No 34—The Rangitaiki Land Drainage Act 1956. Reprinted 1980, RS Vol 6, p 711
1973 No 5—The Rates Rebate Act 1973. Reprinted 1989, RS Vol 24, p 719
1988 No 97—The Rating Powers Act 1988.
Rating Powers Act 1988: substituted for the Rating Act 1967, as from 29 June 1988, by section 208(1) Rating Powers Act 1988 (1988 No 97).
1908 No 165—The River Boards Act 1908. Reprinted 1982, RS Vol 10, p 763
Schedule 17A |
Section 707O(2)(a) |
[Repealed]
Schedule 17A was inserted, as from 20 May 1992, by section 76(1) Local Government Amendment Act 1992 (1992 No 42).
Clause 7(2) was substituted, as from 1 April 1996, by section 6 Local Government Amendment Act 1996 (1996 No 12).
Schedule 17A was repealed, as from 1 October 1998, by section 14(1)(a) Local Government Amendment Act 1998 (1998 No 89).
Schedule 17B |
[Repealed]
Schedule 18 |
[Repealed]
Schedule 18 was originally Schedule 3 of this Act. It was renumbered, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 12) to become Schedule 10. It was further renumbered, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43) to the Fourteenth Schedule. It was further renumbered to Schedule 18, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Schedule 18 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
| Enactment | Amendment |
| 1956 No 64—The Counties Act 1956. (Reprinted 1969, Vol 2, p 1417) | |
| 1959, No 98—The Public Bodies Contracts Act 1959 | These amendments are incorporated in Part 1 of Schedule 1 of the reprinted Public Bodies Contracts Act 1959 (1975, Vol 3, pp 2297, 2298). |
| 1962 No 113—The Public Bodies Meetings Act 1962 | |
| 1963 No 65—The Local Authorities (Employment Protection) Act 1963 | |
| 1963, No 65—The Local Authorities (Employment Protection) Act 1963 | |
| Local Elections and Polls Act 1966 | |
| 1968, No 125—The Electricity Act 1968 | By omitting from the Schedule the words “1967, No 160—The Electricity Distribution Commission Act 1967”. |
| 1968, No 147—The Local Authorities (Members' Interests) Act 1968 | These amendments are incorporated in Part 1 of Schedule 1 to the reprinted Local Authorities (Members' Interests) Act 1968 (1989, RS Vol 24, p 463). |
| 1970 No 134—The Local Authorities (Petroleum Tax) Act 1970 |
Counties Act 1956: repealed, as from 26 June 1975, by section 3(1)(c) Counties Amendment Act 1975 (1975 No 8).
Public Bodies Meetings Act 1962: repealed, as from 1 March 1988, by section 58(1) Local Government Official Information and Meetings Act 1987 (1987 No 174).
Local Authorities (Employment Protection) Act 1963: repealed, as from 1 November 1990, by section 55(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Local Elections and Polls Act 1966: repealed, as from 1 April 1977, by section 124(1) Local Elections and Polls Act 1976.
Local Authorities (Petroleum Tax) Act 1970: repealed, as from 1 April 1978, by section 8(1) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Schedule 19 |
Section 726(1) |
[Repealed]
Schedule 19 was originally Schedule 4. It was renumbered Schedule 11, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122), and further renumbered the Fifteenth Schedule, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43). It was further renumbered the Nineteenth Schedule, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Schedule 19 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
1967, No 134-The Local Government Commission Act 1967.
1967, No 160-The Electricity Distribution Commission Act 1967.
1968, No 80-The Electricity Distribution Commission Amendment Act 1968.
1968, No 124-The Counties Amendment Act 1968: Parts III and IV. Reprinted 1969, Vol 2, p 1417
1969, No 30-The Counties Amendment Act 1969: Section 8. (Reprinted Vol 2, p 1444)
1969, No 32-The Electricity Distribution Commission Amendment Act 1969.
1969, No 92-The Local Government Commission Amendment Act 1969.
1970, No 58-The Counties Amendment Act 1970: Subsection (2) of section 3.
1971, No 63-The Counties Amendment Act 1971: Section 43.
1972, No 3 (Local)-The Wellington Regional Water Board Act 1972: Subsection (5) of section 123.
1972, No 119-The Fire Services Act 1972: Section 20 and so much of Schedule 2 as relates to the Local Government Commission Act 1967.
1972, No 132-The Counties Amendment Act 1972: Part 3 of Schedule 3.
1974, No 8-The Counties Amendment Act 1974: Sections 29 and 30, Part 3 of Schedule 1, and so much of Part 2 of Schedule 2 as relates to the Counties Amendment Act 1968.
Contents
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
Notes
1 General
-
This is an eprint of the Local Government Act 1974. It incorporates all the amendments to the Act as at 1 January 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.
2 About this eprint
This eprint has not been officialised. For more information about officialisation, please see
“Making online legislation official”
under“Status of legislation on this site”
in the About section of this website.
3 List of amendments incorporated in this eprint (most recent first)
-
Customs and Excise Amendment Act 2009 (2009 No 61): section 11(4)
Waste Minimisation Act 2008 (2008 No 89): section 61
Policing Act 2008 (2008 No 72): section 130(1)
Local Government Act 1974 Amendment Act 2008 (2008 No 63)
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)
Income Tax Act 2007 (2007 No 97): section ZA 2(1)
Local Government Act 2002 (2002 No 84): section 270