Local Government Amendment Act (No 3) 1996
Local Government Amendment Act (No 3) 1996
Local Government Amendment Act (No 3) 1996
Local Government Amendment Act (No 3) 1996
| Public Act | 1996 No 83 |
| Date of assent | 26 July 1996 |
Contents
3 New Parts 7A and 7B inserted [Repealed]
5 Miscellaneous expenditure [Repealed]
7 Interpretation [Repealed]
8 New sections substituted [Repealed]
14 Amendments to Rating Powers Act 1988 [Repealed]
20 Early implementation by specified local authorities of provisions relating to financial management
An Act to amend the Local Government Act 1974
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
-
(1) This Act may be cited as the Local Government Amendment Act (No 3) 1996, and shall be read together with and deemed part of the Local Government Act 1974 (hereinafter referred to as the principal Act).
2 Interpretation
This section amended s 2(1) of the principal Act by inserting definitions of the terms Annual plan, Annual report, and Generally accepted accounting practice.
3 New Parts 7A and 7B inserted
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[Repealed]
Section 3 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
4 New sections substituted
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(1) [Repealed]
(2) The following enactments are hereby consequentially repealed:
(a) Sections 16 to 18 of the Local Government Amendment Act 1991:
(b) Section 25 of the Local Government Amendment Act 1992.
Subsection (1) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
5 Miscellaneous expenditure
-
[Repealed]
Section 5 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
6 Restriction on lending to local authority trading enterprise
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[Repealed]
Section 6 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Amendments to Chatham Islands Council Act 1995
7 Interpretation
-
[Repealed]
Section 7 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
8 New sections substituted
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[Repealed]
Section 8 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
9 Financial systems
This section substituted s 13 Chatham Islands Council Act 1995.
Amendments, repeals, and revocations
10 Further amendments to principal Act
11 Amendment to Auckland Regional Authority Act 1968
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(1) The Auckland Regional Authority Act 1963 is hereby amended by repealing section 72.
(2) The following enactments are hereby consequentially repealed:
(a) Section 7 of the Auckland Regional Authority Amendment Act 1970:
(b) So much of Schedule 2 to the Trustee Amendment Act 1988 as relates to the Auckland Regional Authority Act 1963.
12 Amendments to Local Authorities Loans Act 1956
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(1) The Local Authorities Loans Act 1956 is hereby amended by repealing section 56 and sections 85 to 91.
(2) The following enactments are hereby consequentially repealed:
(a) Section 10 of the Local Authorities Loans Amendment Act 1959:
(b) Section 7 of the Local Authorities Loans Amendment Act 1961:
(c) Section 5 of the Local Authorities Loans Amendment Act 1976:
(d) Section 8 of the Local Authorities Loans Amendment Act 1986:
(e) The Local Authorities Loans Amendment Act 1991.
(3) It shall be lawful for a local authority to withdraw loan money deposited in a separate bank account as required by section 56 of the Local Authorities Loans Act 1956 and to deposit that money in any other bank account or bank accounts held by that local authority.
13 Amendment to Securities Act 1978
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(1) Section 5(3)(b) of the Securities Act 1978 is hereby repealed.
(2) [Repealed]
(3) This section shall come into force on the 1st day of July 1998.
Subsection (2) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
14 Amendments to Rating Powers Act 1988
-
[Repealed]
Section 14 was repealed, as from 1 July 2003, by section 138(1) Local Government (Rating) Act 2002 (2002 No 6). See section 138(2) of that Act for the savings provision that provides that the Acts and regulations continue in force to the extent necessary for the levying and collection of rates made or levied for the financial year ending on 30 June 2003 or a previous financial year.
15 Amendment to Public Finance Act 1989
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(1) Section 84 of the Public Finance Act 1989 is hereby amended by repealing paragraphs (a) and (f).
(2) Section 40 of the Public Finance Amendment Act 1992 is hereby consequentially repealed.
16 Amendments to other enactments
17 Repeal of Local Authorities Loans Act 1956
18 Revocations
19 Transitional provisions in relation to annual plans and annual reports
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(1) Notwithstanding the repeals effected by section 4 of this Act, every local authority (other than the Chatham Islands Council) shall, as if this Act had not been passed, prepare and adopt, in respect of the financial year beginning on the 1st day of July 1996 and the financial year beginning on the 1st day of July 1997,—
(a) An annual plan under section 223D of the principal Act; and
(b) An annual report under section 223E of the principal Act.
(2) Notwithstanding the repeals effected by section 8 of this Act, the Chatham Islands Council shall, as if this Act had not been passed, prepare and adopt, in respect of the financial year beginning on the 1st day of July 1996 and the financial year beginning on the 1st day of July 1997,—
(a) An annual plan under section 10 of the Chatham Islands Council Act 1995; and
(b) An annual report under section 11 of the Chatham Islands Council Act 1995.
20 Early implementation by specified local authorities of provisions relating to financial management
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(1) The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister of Local Government, apply the provisions of this section to any local authority specified in the Order (being a local authority from which the Minister of Local Government has received, before the 1st day of October 1996, a written application for the making of an Order under this section in respect of that local authority).
(2) Where the provisions of this section are applied to any local authority, the provisions of this Act, the principal Act, and any Act amended by this Act shall apply in respect of that local authority—
(a) As if for the expression
“1st day of July 1998”
wherever it occurs in sections 122C(2), 122E(2), 122K(5), 122N(4), 122P(3), 122R(3), 122Y, 223D(1), and 223E(1) of the principal Act, there were substituted in each case the expression“1st day of July 1997”
; and
(b) As if for the expression
“30th day of June 1999”
wherever it occurs in section 122ZK, there were substituted in each case the expression“30th day of June 1998”
; and
(c) As if for the expression
“1st day of July 1998”
wherever it occurs in sections 10(2), 13(3), 14(4), 16(2), 17(2), 18(2), 21(3), and 22(3) of this Act, there were substituted in each case the expression“1st day of July 1997”
; and
(d) As if the words
“and the financial year beginning on the 1st day of July 1997”
were omitted from section 19(1) of this Act.
Transitional provisions
21 Transitional provisions
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(1) Notwithstanding the repeals effected by section 17 of this Act, the provisions of the Local Authorities Loans Act 1956 shall, in respect of any loan outstanding by any local authority at the time of the repeal, be deemed to remain in force in relation to any local authority so far as those provisions are required to maintain any arrangements or provisions for—
(a) Repayment of any such loan out of any specific fund or account:
(b) Levying of any separate rate towards payments in respect of any such loan, including the amendment or increase or diminishing of any such rate:
(c) Appropriation or pledging of any rates revenue in respect of any such loan:
(d) Prohibiting the questioning of the validity of any rate made or levied to secure any such loan:
(e) Appropriating or pledging of any other property or revenue or fund as security for any such loan:
(f) Allocating any charges in respect of any such loan against revenues from any district or legal subdivision or other defined part of a district:
(g) Transfer, division, cancellation, replacement, hypothecation, mortgage, registration, and surrender of debentures and stock, to such extent (if any) as is required to maintain in full force and effect all the rights and entitlements of any local authority and each holder in respect of such debentures and stock:
(h) Establishment, accumulation, and administration of any sinking fund for the repayment of any such loan.
(2) Notwithstanding subsection (1) of this section, nothing in section 57(2) of the Local Authorities Loans Act 1956 shall affect the free transferability of a debenture issued in form 3 in Schedule 1 to that Act.
(3) This section shall come into force on the 1st day of July 1998.
22 Transitional provisions in relation to effect on principal Act of repeal of Local Authorities Loans Act 1956
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(1) Subject to subsection (2) of this section, the repeals effected by section 17 of this Act shall not affect section 37ZZZM(1) of the principal Act or the application of that section to any Order in Council (whether made before or after the commencement of this section) giving effect to any reorganisation scheme.
(2) Notwithstanding anything in subsection (1) of this section or in sections 37ZZZM(1) and 37ZZZN of the principal Act, where a local authority repays, before its maturity, any loan that is secured by a rate to which section 37ZZZM(1) of the principal Act refers or any loan in respect of which a rate has been made and levied pursuant to section 37ZZZN(1) of the principal Act, the provisions of section 37ZZZM(1) of the principal Act or of section 37ZZZN of the principal Act or of both, as the case may require, shall cease to apply to the rate or the area of land upon which the rate is charged.
(3) This section shall come into force on the 1st day of July 1998.
Schedule 1 |
Section 10(1) |
| Provision of Principal Act Amended | Amendment | |
|---|---|---|
| Section 180 (as enacted by section 2 of the Local Government Amendment Act (No 3) 1977) | By repealing this section. | |
| Section 326 (as enacted by section 2 of the Local Government Amendment Act 1978) | By repealing subsection (6). | |
| Section 562 (as enacted by section 2 of the Local Government Amendment Act 1979) | By repealing this section. | |
| Section 614 (as enacted by section 2 of the Local Government Amendment Act 1979) | By repealing this section. | |
| Section 617 (as enacted by section 2 of the Local Government Amendment Act 1979) | By repealing this section. | |
The item relating to section 707ZK Local Government Act 1974 was repealed, as from 1 October 1998, by section 14(1)(n) Local Government Amendment Act 1998 (1998 No 89).
The items relating to sections 114D, 223CA, 225, 228(2), 247D, 463, 564, 565, 574, 592, 594Z, 596, 598, 604, 656, 658, Schedule 3B and Schedule 17 sections 114D, 223CA, 225, 228(2), 274D, 463, 564, 565, 574, 592, 594Z, 596, 598, 604, 656, 658, Schedule 3B and Schedule 17 Local Government Act 1974 were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
Schedule 2 |
Section 16(1) |
| Enactment Amended | Amendment | |||
|---|---|---|---|---|
| 1932, No 18—The National Expenditure Adjustment Amendment Act 1932 (RS Vol 10, p 299) | By repealing section 14. | |||
| 1938, No 9—The Carter Observatory Act 1938 (RS Vol 1, p 429) |
By repealing section 24, and substituting the following section:
|
|||
| 1948, No 64—The Land Act 1948 (RS Vol 23, p 559) | By omitting from section 112(1) the words “and for the purposes of the Local Authorities Loans Act 1956”. |
|||
| 1950, No 34—The Harbours Act 1950 (RS Vol 2, p 551) |
By omitting from section 49 (as enacted by section 4 of the Harbours Amendment Act (No 2) 1988) the words By omitting from section 50 (as enacted by section 3(1) of the Harbours Amendment Act 1980) the words By omitting from section 55A(7) (as enacted by section 8 of the Harbours Amendment Act (No 2) 1988) the words By omitting from section 142A (as enacted by section 11(1) of the Harbours Amendment Act 1952) the words By omitting from section 142B(3) (as enacted by section 6(1) of the Harbours Amendment Act 1964) the words By repealing subsection (5) of section 142B (as so enacted). |
|||
| 1951, No 79—The Fees and Travelling Allowances Act 1951 (RS Vol 6, p 403) | By omitting from Schedule 1 the item relating to the Local Authorities Loans Board. | |||
| 1953, No 96—The Selwyn Plantation Board Act 1953 (RS Vol 27, p 841) | By repealing section 18. | |||
| 1956, No 65—The Health Act 1956 (RS Vol 31, p 467) | ||||
| 1962, No 20—The Forestry Encouragement Act 1962 (RS Vol 17, p 213) |
By repealing section 3 (as amended by sections 3(2) and 4 of the Forestry Encouragement Amendment Act 1965), and substituting the following section:
|
|||
| 1966, No 51—The Airport Authorities Act 1966 (RS Vol 17, p 1) |
By repealing subsection (5) of section 3 (as amended by section 3 of the Airport Authorities Amendment Act 1986). By repealing section 8. |
|||
| 1974, No 19—The Housing Corporation Act 1974 (RS Vol 24, p 281) | ||||
| 1977, No 52—The Forest and Rural Fires Act 1977 (RS Vol 27, p 331) |
By omitting from section 54(1) the words By repealing subsection (2) of section 54. |
|||
| 1977, No 66—The Reserves Act 1977 |
By omitting from section 90(1) the words By repealing so much of Schedule 2 as relates to the Local Authorities Loans Act 1956. |
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| 1981, No 35—The Public Works Act 1981 |
By omitting from section 44 (as substituted by section 2 of the Public Works Amendment Act 1991) the words By repealing subsection (6) of section 224. |
|||
| 1983 No 46—The Civil Defence Act 1983 |
By repealing subsection (2) of section 76 (as amended by section 3(2) of the Civil Defence Amendment Act 1989). By omitting from subsection (3) of section 76 (as so amended) the words |
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| 1988, No 97—The Rating Powers Act 1988 | ||||
| 1988, No 103—The Local Elections and Polls Amendment Act 1988 | By repealing section 22. | |||
| 1991, No 49—The Local Government Amendment Act 1991 | By repealing section 18. | |||
| 1991, No 119—The Securities Transfer Act 1991 |
By repealing paragraph (e) of the definition of the term securities in section 2, and substituting the following paragraph:
By repealing section 9(5)(d). |
|||
| 1992, No 56—The Energy Companies Act 1992 |
By inserting, after section 65, the following section:
|
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| 1993, No 28—The Privacy Act 1993 | ||||
| 1993, No 106—The Financial Reporting Act 1993 |
By inserting, after paragraph (e) of section 27(1), the following paragraphs:
By repealing paragraph (e) of section 27(7), and substituting the following paragraphs:
By repealing paragraph (e) of section 28(4), and substituting the following paragraphs:
|
|||
| 1993, No 4 (Local)—The Canterbury Museum Trust Board Act 1993 | By repealing section 20(2). | |||
Financial Reporting Act: an item relating to section 24(a) was substituted by the item relating to section 24(b)(ii), as from 7 August 1996, by section 4 Financial Reporting Amendment Act 1996 (1996 No 86).
The items relating to sections 2(1) and 24(a) of the Financial Reporting Act 1993 were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
The item relating to the Health Act 1956 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).
The item relating to the Housing Corporation Act 1974 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84)
An item relating to the Local Elections and Polls Act 1976 was repealed, as from 1 July 2001, by section 152(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).
An item relating to the Port Companies Act 1988 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84)
An item relating to the Privacy Act 1993 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84)
An item relating to section 224(16) of the Public Works Act 1981 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84)
The item relating to the Rating Powers Act 1988 was repealed, as from 1 July 2003, by section 138(1) Local Government (Rating) Act 2002 (2002 No 6). See section 138(2) of that Act for the savings provision that provides that the Acts and regulations continue in force to the extent necessary for the levying and collection of rates made or levied for the financial year ending on 30 June 2003 or a previous financial year.
Schedule 3 |
Section 17(1) |
1933, No 33—The Finance Act 1933: Section 12. (RS Vol 24, p 451.)
1956, No 63—The Local Authorities Loans Act 1956. (RS Vol 24, p 369.)
1959, No 17—The Local Authorities Loans Amendment Act 1959. (RS Vol 24, p 453.)
1961, No 71—The Local Authorities Loans Amendment Act 1961. (RS Vol 24, p 454.)
1963, No 97—The Local Authorities Loans Amendment Act 1963. (RS Vol 24, p 454.)
1967, No 20—The Local Authorities Loans Amendment Act 1967. (RS Vol 24, p 455.)
1968, No 90—The Local Authorities Loans Amendment Act 1968. (RS Vol 24, p 456.)
1971, No 27—The Local Authorities Loans Amendment Act 1971. (RS Vol 24, p 456.)
1976, No 29—The Local Authorities Loans Amendment Act 1976. (RS Vol 24, p 458.)
1982, No 121—The Local Authorities Loans Amendment Act 1982. (RS Vol 24, p 459.)
1986, No 22—The Local Authorities Loans Amendment Act 1986. (RS Vol 24, p 460.)
1989, No 37—The Local Authorities Loans Amendment Act 1989.
Schedule 4 |
Section 18(1) |
| Title | Gazette Reference or Statutory Regulations Serial Number |
|---|---|
| The Local Authorities Loans Order 1960 | 1960/62 |
| The Local Authority Loan Raising Fees Notice 1969 | Gazette, 1969, p 1089 |
| The Local Authorities Loans Order 1960, Amendment No 1 | 1970/262 |
| The Local Authorities Loans Order 1960, Amendment No 2 | 1971/114 |
| The Local Authorities Loans Regulations 1975 | 1975/287 |
| The Local Authorities Loans (Approved Corporations) Notice 1978 | 1978/290 |
| The Local Authorities Loans Regulations 1975, Amendment No 1 | 1983/62 |
| The Local Authorities Loans Exemption Order 1986 | 1986/149 |
| The Local Authorities Loans Regulations 1975, Amendment No 2 | 1986/355 |