The purpose of this Act is—

In this Act, unless the context requires another meaning,—

Unless the context requires another meaning, terms and expressions used and not defined in this Act, but defined in the Local Government Act 2002, have the same meaning as in that Act.

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

If there is any inconsistency between this Act and the Local Government Act 2002, the Local Government Act 1974, the Local Electoral Act 2001, the Land Transport Management Act 2003, or any regulations made under those Acts, this Act prevails.

This section establishes a territorial authority for Auckland to be known as the Auckland Council.

The Auckland Council has, in relation to Auckland, the responsibilities, duties, and powers of a regional council.

Despite section 41 of the Local Government Act 2002, for the purposes of carrying out its functions, responsibilities, and duties and exercising its powers as a territorial authority and a regional council,—

A governance statement prepared by the Council for the purposes of section 40 of the Local Government Act 2002 must include a description and explanation of the matters referred to in subsection (1) of this section.

The governing body of the Auckland Council must comprise—

The mayor must be elected by the electors of Auckland as a whole.

The role of the mayor is to—

Without limiting subsection (1), it is the role of the mayor to—

For the purposes of subsections (1) and (2), the mayor has the following powers:

The mayor must exercise the power in subsection (3)(e)—

The mayor must not delegate any of his or her powers under subsection (3).

The mayor is a member of each committee of the governing body.

To avoid doubt,—

A local board must be established for each local board area for the purposes of—

The initial number of members for each local board is determined by the Local Government Commission under section 34(1)(c).

The number of members for each local board may be altered in either of the following ways, but must at all times be no fewer than 5 and no more than 12 members:

Members of a local board—

No person may be a member of more than 1 local board at the same time.

This section applies if the electoral officer has accepted a candidate’s nomination for election to a local board.

The electoral officer must not accept a nomination of that candidate for election to another local board unless that candidate has complied with the provisions of subsection (3).

The candidate must, by written notice to the electoral officer,—

If subsection (3) applies, the candidate must—

The information required under subsection (4)(b) does not count for the purposes of the word limit under section 61(2)(a) of the Local Electoral Act 2001.

In this section, candidate profile statement means a statement made in accordance with section 61 of the Local Electoral Act 2001.

This section applies if—

The person declared to be elected must be treated as having vacated office as a member of any local board that is ranked lower, in the notice given under section 11AAB(3), than another local board to which he or she is declared elected.

Sections 88B to 88E of the Local Electoral Act 2001 apply, with any necessary modifications, to any office treated as vacated under subsection (2) as if that office were treated as vacated under section 88A(2) of that Act.

No member of a local board (LB1) may be a candidate for election as a member of another local board (LB2).

Subsection (1) does not apply if a general election of members of LB1 is to be held at the same time as an election of members of LB2.

Sections 43, 46, and 47 of the Local Government Act 2002 apply to a member of a local board, with any necessary modifications, as if the member were a member of the Auckland Council.

However, a member of a local board can be liable under section 46 or 47 of that Act only in respect of a matter that is the responsibility of the member’s local board.

A local board is an unincorporated body.

A local board is not a local authority, a community board, or a committee of the governing body.

A local board does not have separate legal standing from the Auckland Council and therefore, without limitation, may not—

Nothing in this section limits the responsibility of a local board to make the decisions of the Auckland Council that are allocated to it in accordance with section 16.

A local board has the functions, duties, and powers conferred on a local board by or under this Act or any other enactment.

Without limiting subsection (1), a local board—

This section sets out the general scheme of sections 14 to 21. These are the provisions of this Act that set out how the Auckland Council, in its capacity as a local authority, makes its decisions. This section is by way of explanation only and does not limit or affect the other provisions of this Act or any other enactment.

Both the governing body and the local boards are responsible and democratically accountable for the decision making of the Auckland Council. Whether responsibility for making any particular decision rests with the governing body or 1 or more or all of the local boards depends on the nature of the decision being made.

Section 15 sets out the classes of decisions that the governing body must make. Section 16 sets out the classes of decisions that local boards must make. Both sections include a class of decisions in respect of non-regulatory activities of the Council. The governing body allocates responsibility for any particular decision in this class of decisions to either itself or the local boards by applying the principles set out in section 17. The results of the allocation must then be set out in the LTP and annual plans of the Council so that the people of Auckland, and any other persons, can easily determine whether the governing body or a local board is responsible for any particular decision of the Council.

To determine local wishes and priorities in relation to the non-regulatory activities for which a local board is allocated responsibility, the board must consult its communities. The local board does this by preparing a local board plan under section 20. This plan is used as a basis for the board to develop an annual local board agreement with the governing body under section 21 in which the nature, levels, and funding of the activities are set out.

The governing body is responsible and democratically accountable for—

Before making a decision described in subsection (1)(a) to (d), the governing body must—

Each local board is responsible and democratically accountable for—

In carrying out the responsibilities described in this section, a local board must comply with the requirements of sections 76 to 82 of the Local Government Act 2002 as if every reference in those sections to a local authority were a reference to a local board.

In carrying out the responsibilities described in this section, a local board should collaborate and co-operate with 1 or more other local boards in the situations where the interests and preferences of communities within each local board area will be better served by doing so.

Decision-making responsibility for any non-regulatory activity of the Auckland Council must be allocated by the governing body—

The principles are—

To provide predictability and certainty about levels of funding for local boards, the Auckland Council must adopt a local boards funding policy as part of its long-term plan.

The local boards funding policy must set—

The local boards funding policy must also identify any funding (except funding dedicated to particular purposes) that may be available to local boards for local activities and the criteria or process by which it may be allocated to them.

The formula referred to in subsection (2)(a) must allocate funds between the local boards in a way that provides an equitable capacity for the local boards to enhance the well-being of the communities in each of their local board areas, having regard to the following factors:

The formula referred to in subsection (2)(b) must allocate funds between the local boards in a way that provides equitable resources and support to each local board, having regard to the following factors:

For the purposes of adopting a funding policy under subsection (1), section 102 of the Local Government Act 2002 applies with any necessary modifications.

If the Auckland Council amends its local board’s funding policy under section 93(4) of the Local Government Act 2002, only a significant amendment to the policy is required to be audited in accordance with sections 93D(4) and 94(1) of that Act.

The Auckland Council must adopt its first policy under this section no later than the date that the LTP for the period commencing 1 July 2012 is adopted.

Each local board must adopt a local board plan—

The purpose of a local board plan is—

A local board plan must include—

For the purposes of adopting a plan under subsection (1), section 83 of the Local Government Act 2002 applies as if—

In this section,—

In subsection (3)(d)(ii), local revenue source includes—

For each financial year, the Auckland Council must have a local board agreement (as agreed between the governing body and the local board) for each local board area.

A local board agreement must set out how the Auckland Council will, in the year to which the agreement relates, reflect the priorities and preferences in the local board’s plan in respect of—

A local board agreement is not required to reflect the priorities and preferences in its local board plan in respect of the matters referred to in subsection (2) to the extent that 1 or more of the following apply:

A local board agreement must not be inconsistent with the adopted strategies, plans, policies, and objectives of the governing body.

For the purposes of subsection (2)(a), a local board agreement must, in respect of the local activities to be provided in the local board area in the year to which the agreement relates, include—

For the purposes of consulting on each local board agreement to be included in the LTP, the consultation document adopted under section 93A(1)(a) of the Local Government Act 2002 must include content relating to each agreement.

For the purposes of consulting on each local board agreement to be included in an annual plan, the consultation document adopted under section 82A(3) of the Local Government Act 2002 must include content relating to each agreement.

Each local board must monitor the implementation of the local board agreement for its local board area.

Part 1A of Schedule 7 of the Local Government Act 2002 applies to a local board and its members.

Part 1 of Schedule 7 (excluding clauses 15 and 32AA to 36A) of the Local Government Act 2002 applies to a local board and its members, with any necessary modifications, as if the local board were a local authority and its members were members of the local authority.

In this Part, unless the context requires another meaning,—

In this Part, unless the context requires another meaning, land transport, regional land transport plan, and State highway have the same meanings as in section 5(1) of the Land Transport Management Act 2003.

This section establishes Auckland Transport.

Auckland Transport is—

For the purposes of the Local Government Act 2002, the Auckland Council must be treated as if it were the sole shareholder of Auckland Transport.

The purpose of Auckland Transport is to contribute to an effective, efficient, and safe Auckland land transport system in the public interest.

In meeting its principal objective (as a council-controlled organisation) under section 59 of the Local Government Act 2002, and in performing its functions, Auckland Transport must—

For the purpose of performing its functions, Auckland Transport has—

Subsection (1) is subject to the rest of this Act.

For the purposes of section 38(2)(b) of this Act, Part 5 of the Local Government Act 2002 applies to Auckland Transport with the modifications set out in subsections (2) and (3).

Section 60 of the Local Government Act 2002 must be read as if the following paragraphs were added:

Section 74 of the Local Government Act 2002 must be read as if the following subsection were inserted after subsection (1):

The governing body of Auckland Transport is the board of directors.

The board of directors comprises—

The board, including its chairperson and deputy chairperson, must be appointed by the Auckland Council. However, the Council must not appoint a member of its own governing body as the chairperson or deputy chairperson of the board.

If the director referred to in subsection (2)(b) is the holder of an identified office or position within the New Zealand Transport Agency and ceases to hold that office or position, or is absent, a person authorised by that Agency may perform the director’s role for the purposes of this Act until the director’s successor is appointed or while the director is absent.

The powers and functions of Auckland Transport are not affected by any vacancy in the membership of the board of directors.

A director must not breach this Act or cause a breach, or agree to any breach by Auckland Transport, of this Act.

A director must, when acting as a director, act with honesty and integrity.

A director must, when acting as a director, act in good faith and not pursue his or her own interests at the expense of Auckland Transport’s interests.

A director must, when acting as a director, exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)—

The functions of Auckland Transport are to—

Auckland Transport has the following functions and powers in relation to the Auckland transport system:

For the purposes of subsection (1), the enactments referred to in that subsection apply with any necessary modifications.

For the purposes of subsection (1)(f)(i), Auckland Transport may appoint persons to be enforcement officers in Auckland in relation to any offence against a bylaw made by Auckland Transport under the Land Transport Act 1998 in relation to a special vehicle lane, and, for that purpose,—

Nothing in this section vests ownership of any road, land, or other property in Auckland Transport or affects the operation of section 316(1) of the Local Government Act 1974.

Subsection (1)(c) is subject to section 48.

Auckland Transport is deemed to be approved as a requiring authority, as a network utility operator, under section 167 of the Resource Management Act 1991 for the following purposes:

For the purposes of subsection (1), Part 8 of the Resource Management Act 1991 applies—

If section 180(1) of the Resource Management Act 1991 applies to a project or work that is an activity described in subsection (1)(b), Auckland Transport may exercise the power under that section only by transferring the relevant designation to—

The New Zealand Transport Agency and the New Zealand Railways Corporation are prohibited from further transferring any designation that they receive under subsection (3).

In subsection (2), activity has the same meaning as in section 5(1) of the Land Transport Management Act 2003.

This section is subject to section 48.

Subsection (2) applies if Auckland Transport, acting under section 46(1)(c) of this Act, decides to dispose of land not required for a road under section 345 of the Local Government Act 1974.

Auckland Transport must inform the Auckland Council, in writing, of its decision, and the Council must dispose of the land in accordance with the requirements of the Local Government Act 1974.

Subsection (4) applies if—

Auckland Transport must inform the Auckland Council, in writing, of its decision to apply for the compulsory acquisition of the land, or the deemed agreement, as the case may be, and any land taken or acquired as a result vests in the Auckland Council.

Subsection (4) prevails over sections 185 and 186(2) and (4) of the Resource Management Act 1991.

The Auckland Council may make rules by which Auckland Transport must operate, including rules in relation to—

A rule made under this section must not be inconsistent with the rest of this Act or Part 5 of the Local Government Act 2002.

Section 6(3)(d) of the Local Government Act 2002 applies to a rule made under this section.

Subsections (2) and (3) are for the avoidance of doubt.

The Auckland Council must not perform any function or exercise any power that this Act has conferred upon Auckland Transport under section 46.

The Auckland Council must not act as a requiring authority in relation to any matter for which Auckland Transport has requiring authority status under section 47(1).

Subsection (1) applies unless Auckland Transport delegates the performance of the function or the exercise of the power to the Auckland Council under section 54.

Subsection (3) applies unless Auckland Transport transfers the designation concerned to the Council under section 47(3).

Nothing in this section prevents the Auckland Council from performing the functions or exercising the powers of a local authority described in section 46(1)(h), or performing the functions or exercising the powers of a requiring authority under the Resource Management Act 1991, in respect of an area that forms part of the Auckland transport system for a purpose that is not transport-related (for example, to regulate the use of a footpath, public space, or road reserve for liquor control purposes, or to designate a corridor that passes through a road).

Subsection (5) applies whether the Council is performing the function or exercising the power as the owner of a road or other land, or otherwise.

The Auckland Council must exercise its powers as a local authority under the Public Works Act 1981 to acquire or dispose of land, as the case may be, if the Council has received notice from Auckland Transport under section 48(2) or (4) in relation to that land.

In any other case, the Auckland Council may exercise its powers as a local authority under the Public Works Act 1981 to acquire or dispose of land in relation to the Auckland transport system and for any transport-related purpose only if Auckland Transport has agreed to the acquisition or disposal of that land.

Nothing in this Part limits or affects the Auckland Council’s jurisdiction in respect of roads within the meaning of section 2(1) of the Land Transport Act 1998 that are not roads within the meaning of section 315 of the Local Government Act 1974.

This section is for the avoidance of doubt.

The acts of a person as a director, chairperson, or deputy chairperson of Auckland Transport are valid even though—

Auckland Transport may delegate to a committee or an employee of Auckland Transport, or to the Auckland Council, any of its responsibilities, duties, functions, and powers except—

This section applies subject to any provision to the contrary in this or any other enactment.

Nothing in this section restricts the power of Auckland Transport to delegate to a committee or an employee of Auckland Transport, or to the Auckland Council, the power to do anything precedent to the exercise or performance by Auckland Transport (after consultation with the committee, employee, or the Council) of any power or duty specified in subsection (1).

A committee or an employee of Auckland Transport, or the Auckland Council, may delegate any of its or his or her responsibilities, duties, functions, or powers to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by Auckland Transport when making the original delegation.

A committee, a subcommittee, or an employee of Auckland Transport or the Auckland Council to which or to whom any responsibilities, duties, functions, or powers are delegated may, without confirmation by Auckland Transport, the Council, or the committee or person that made the delegation, exercise or perform them in the same way and with the same effect as if Auckland Transport itself had exercised or performed those responsibilities, duties, functions, or powers.

Auckland Transport may delegate to the Auckland Council, or any other organisation or person, the enforcement, inspection, licensing, and administration related to bylaws and other regulatory matters for which it is responsible.

To avoid doubt, no delegation relieves Auckland Transport of the liability or legal responsibility to perform or to ensure the performance of any function or duty.

A delegation to the Auckland Council may be made generally or specifically to the governing body or 1 or more local boards.

The delegation powers in this clause are in addition to any power of delegation Auckland Transport has under any other enactment.

Auckland Transport must not borrow any funds without the written agreement of the Auckland Council.

Nothing in this Part confers jurisdiction on Auckland Transport in respect of roads within the meaning of section 2(1) of the Land Transport Act 1998 that are not roads within the meaning of section 315 of the Local Government Act 1974.

This section is for the avoidance of doubt.

The Auckland Council—

To avoid doubt, nothing in this section precludes the Auckland Council and an Auckland water organisation entering into a contract for shared services.

In this section,—

An Auckland water organisation—

However, subsection (1)(b) does not prevent an Auckland water organisation from making a taxable bonus issue (as defined in section YA 1 of the Income Tax Act 2007).

An Auckland water organisation does not breach its obligation under subsection (1)(a) merely by—

If, on the date on which this section comes into force, an Auckland water organisation owes a debt to the Auckland Council in respect of water services infrastructure, the Auckland water organisation must repay that debt, including any interest payable.

An Auckland water organisation must repay a debt under subsection (1) despite anything in section 56A.

The repayment—

This section and section 57A are repealed on the date that is 5 years after this section comes into force.

An Auckland water organisation must give effect to the relevant aspects of the LTP.

An Auckland water organisation must act consistently with the relevant aspects of any other plan (including a local board plan) or strategy of the Council to the extent specified in writing by the governing body of the Council.

However, nothing in this section or section 92 authorises non-compliance with section 57 by an Auckland water organisation.

This section is subject to—

An Auckland water organisation is not required to pay rent to the Crown in relation to any land in an Auckland harbour on, over, or under which an existing wastewater asset is constructed or laid.

Nothing in subsection (1) affects any obligation an Auckland water organisation may have to comply with the Resource Management Act 1991 in relation to an existing wastewater asset (including any liability to pay for the occupation of a coastal marine area under any regulations made under that Act).

In this section, existing wastewater asset means a wastewater asset held by Watercare Services Limited on 1 November 2010.

For the purposes of the Public Works Act 1981,—

This section applies if—

The receiver may, without further authority than this section, assess and collect in each financial year a charge under this section to recover sufficient funds to meet—

However, a receiver may not create, or receive, any interest or security in water services infrastructure.

A charge under this section must be assessed as an amount that is a uniform percentage (which percentage may exceed 100%) of the total water services charge payable in relation to a property during the 12-month period ending on the last day of the calendar month immediately before the month in which the charge is assessed under this section.

A charge under this section over any 1 or more of the assets of an Auckland water organisation is subject to the Receiverships Act 1993.

A charge under this section must not be limited by a Watercare charter made under section 77 of the Local Government (Water Services Preliminary Arrangements) Act 2024.

A charge imposed under this section is—

A charge imposed under this section is—

In this section,—

An Auckland water organisation that is not a local authority has the powers of a council under the following sections of the Local Government Act 1974 in relation to its wastewater services (and those sections apply accordingly, with any necessary modifications):

Where any nuisance within the meaning of section 29 of the Health Act 1956 is created by an Auckland water organisation in the exercise of any powers conferred on it by this Act, the Director-General of Health may, by notice in writing to the organisation,—

If the organisation considers the requirements specified in the notice to be unreasonable, impracticable, or unnecessary, it may, within 3 days after service of the notice on it, apply to the District Court for an order setting aside or modifying the notice. Pending the hearing of the application, the notice must be treated as suspended.

On the hearing of the application, the court, whose decision is final, must determine whether the notice should or should not be set aside or modified and, if the notice is not set aside, the time within which the organisation must comply with the notice or, as the case may be, with the modified notice.

If the organisation, within the time specified in the notice or, in the case of an application to the court, in the order of the court, fails to comply with the notice or order, the Medical Officer of Health under the Health Act 1956, without further notice to the organisation, may cause the nuisance to be abated and for that purpose may, with such assistance as may be necessary, enter on any land or premises of the organisation and execute or cause to be executed the necessary works.

All expenses reasonably incurred by the Medical Officer of Health in the abatement of a nuisance under subsection (4) are recoverable from the organisation as a debt due to the Crown.

Subsection (2) applies to land owned by an Auckland water organisation and used for the purposes of providing water supply or wastewater services within Auckland.

The total amount of any rates assessed under section 13 or 16 of the Local Government (Rating) Act 2002 for the land must not exceed the amount of rates that would otherwise have been assessed if each of the rates had been assessed on the land value only of every rating unit liable for the rates.

For the purposes of the Local Government (Rating) Act 2002, a water supply or wastewater services asset that is owned by an Auckland water organisation and is situated in or on any land not owned by the organisation is deemed not to be rateable property.

Subsection (2) applies to the Council when carrying out its duty under sections 69 to 71 of the Local Government (Water Services) Act 2025 to assess the following within Auckland:

The Council must consult each Auckland water organisation in making its assessment.

The Auckland Council must prepare and adopt a spatial plan for Auckland.

The purpose of the spatial plan is to contribute to Auckland’s social, economic, environmental, and cultural well-being through a comprehensive and effective long-term (20- to 30-year) strategy for Auckland’s growth and development.

For the purposes of subsection (2), the spatial plan will—

The spatial plan must—

The Auckland Council must involve central government, infrastructure providers (including network utility operators), the communities of Auckland, the private sector, the rural sector, and other parties (as appropriate) throughout the preparation and development of the spatial plan.

The Auckland Council must adopt the spatial plan in accordance with the special consultative procedure.

The Auckland Council may amend the spatial plan, at any time, in accordance with subsections (1) and (2).

The Auckland Council must—

The Auckland Council must endeavour to secure and maintain the support and co-operation of central government, infrastructure providers (including network utility operators), the communities of Auckland, the private sector, the rural sector, and other parties (as appropriate) in the implementation of the spatial plan.

This Part establishes a board whose purpose is to assist the Auckland Council to make decisions, perform functions, and exercise powers by—