Local Government Act 1974
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Version as at 27 August 2025
Local Government Act 1974
Public Act |
1974 No 66 |
|
Date of assent |
8 November 1974 |
|
Commencement |
see section 1 |
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Department of Internal Affairs.
Contents
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
Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).
Title: amended, on 12 December 1979, by section 7(1) of the Local Government Amendment Act 1979 (1979 No 59).
1 Short Title and commencement
(1)
This Act may be cited as the Local Government Act 1974.
(2)
Section 138(2) and so much of Schedule 3 as relates to the Local Authorities (Petroleum Tax) Act 1970 shall come into force on 1 April 1975.
(3)
Except as provided in subsection (2), this Act shall come into force on 1 December 1974.
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
Act includes Provincial Ordinance
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
annual plan means a report under section 223D
annual report means a report under section 233E
building consent has the meaning ascribed to it by section 7 of the Building Act 2004
capital value has the same meaning as in the Rating Valuations Act 1998
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
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 purpose
Commission means the Local Government Commission established under this Act
community means a community constituted under section 101ZG
community board means a community board constituted under section 101ZP
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
constituent authority, in relation to any constituent district, means the territorial authority having jurisdiction over that constituent district
constituent district means the district of a territorial authority which is wholly or partly within a region
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
council means a territorial authority or a regional council, as the case may require
debt security has the same meaning as in the Securities Act 1978
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
district means the district of a local authority; and includes a region
district council means a district council constituted under Part 1A
district plan, operative (in relation to a district plan), and proposed plan have the same meanings as in section 2(1) of the Resource Management Act 1991
elector means a person qualified to be an elector by virtue of section 23 or section 24 of the Local Electoral Act 2001
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
Environment Court means the Environment Court as defined in section 2(1) of the Resource Management Act 1991
equity security has the same meaning as in the Securities Act 1978
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
final scheme means a final scheme under Part 1; and includes a final reorganisation scheme prepared under section 15B
financial year means—
(a)
in relation to any period before 1 April 1990, a period of 12 months ending with 31 March:
(b)
in relation to the period commencing on 1 April 1990 and ending with 30 June 1990, that period of 3 months:
(c)
in relation to any period commencing on or after 1 July 1990, a period of 12 months ending with 30 June
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
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 revenues, in relation to a local authority, means all the funds received or receivable by a local authority, excluding loan money under Part 7B
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
government road means a government road declared as such under any Act
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
local authority has the same meaning as in section 5(1) of the Local Government Act 2002
maritime facilities includes moorings, wharves, docks, quays, marinas, areas or places where vessels are maintained, launching ramps, and other launching facilities
Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994
maritime rules means maritime rules made under the Maritime Transport Act 1994
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
member, in relation to any local authority, includes any chairperson or mayor
Minister means the Minister of Local Government
navigation bylaws means bylaws made under section 684B
navigational aid has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994
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
occupier, in relation to any property, means the inhabitant occupier of that property
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
parliamentary elector means any person lawfully registered as an elector under the Electoral Act 1993
pleasure craft has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994
polling day means the day appointed for holding an election or poll
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
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 local authority, in relation to a reorganisation proposal, means the local authority agreed on, or designated, under section 37ZY, as the principal local authority in relation to that proposal
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
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 office or office means, in relation to any local authority, its principal or only public office
public work means any public work within the meaning of the Public Works Act 1981
rate records means rate records under the Local Government (Rating) Act 2002
rateable value, in relation to any property, means its rateable value within the meaning of the Local Government (Rating) Act 2002
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 property
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
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 planning scheme has the same meaning as in section 2(1) of the Town and Country Planning Act 1977
reorganisation scheme means a reorganisation scheme within the meaning of section 37ZZA or section 37ZZZA
road has the meaning defined in section 315
rural area means an area zoned rural in a proposed or an operative district plan
Secretary means the Secretary for Local Government
ship has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994
special consultative procedure means the procedure set out in section 83 of the Local Government Act 2002
State highway means a State highway declared under section 60 of the Government Roading Powers Act 1989
territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002
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
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
upgrading, in relation to any road, includes any change to the composition, width, or surfacing of the road
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
ward means a subdivision, for electoral purposes, of the district of a territorial authority
working day means any day of the week other than—
(a)
a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
(ab)
if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
(b)
a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
(2)
The Governor-General may, from time to time, by Order in Council,—
(a)
add to, or omit from, Schedule 1, 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, 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
Section 2(1) Act: inserted, on 1 April 1980, by section 8(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 2(1) adjusted net capital value: replaced, on 29 June 1988, by section 208(1) of the Rating Powers Act 1988 (1988 No 97).
Section 2(1) administering authority: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) annual plan: inserted, on 27 July 1996, by section 2 of the Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 2(1) annual report: inserted, on 27 July 1996, by section 2 of the Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 2(1) borough: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) borough council: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) building consent: inserted, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 2(1) building consent: amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Section 2(1) capital value: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) capital value: amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).
Section 2(1) chairman: repealed, on 1 November 1989, by section 2(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) chairperson: inserted, on 1 November 1989, by section 2(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) clerk: repealed, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) commercial or industrial purpose: inserted, on 1 April 1980, by section 8(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 2(1) community: replaced, on 1 November 1989, by section 2(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) community board: inserted, on 1 November 1989, by section 2(3) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) community council: repealed, on 1 November 1989, by section 2(3) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) constituency: replaced, on 1 July 1992, by section 2(1) of the Local Government Amendment Act 1992 (1992 No 42).
Section 2(1) constituent district: replaced, on 1 July 1992, by section 2(2) of the Local Government Amendment Act 1992 (1992 No 42).
Section 2(1) construction: inserted, on 1 April 1980, by section 8(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 2(1) council: replaced, on 1 July 1992, by section 2(3) of the Local Government Amendment Act 1992 (1992 No 42).
Section 2(1) county: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) Crown health enterprise: repealed, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).
Section 2(1) debt security: inserted, on 1 November 1989, by section 2(4) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) Director of Maritime New Zealand: inserted, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).
Section 2(1) Director of Maritime Safety: repealed, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).
Section 2(1) District Commissioner of Works: repealed, on 1 April 1988, by section 2(1)(a) of the Local Government Amendment Act 1988 (1988 No 71).
Section 2(1) district community council: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) district council: amended, on 1 November 1989, by section 2(15)(a) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) district health board: repealed, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
Section 2(1) district plan, operative (in relation to a district plan), and proposed plan: inserted, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 2(1) district plan, operative and proposed plan: repealed, on 24 August 2023, by section 805(1) of the Natural and Built Environment Act 2023 (2023 No 46).
Section 2(1) district scheme, operative: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 2(1) divided district: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) elector: replaced, on 17 June 1986, by section 2(1) of the Local Government Amendment Act 1986 (1986 No 21).
Section 2(1) elector: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
Section 2(1) engineer: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) Environment Court: replaced, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 2(1) equity security: inserted, on 1 November 1989, by section 2(5) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) farm land: inserted, on 1 April 1979, by section 3(2) of the Local Government Amendment Act 1978 (1978 No 43).
Section 2(1) final scheme: replaced, on 6 June 1989, by section 2(6) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) financial year: replaced, on 1 November 1989, by section 2(7) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) formation: inserted, on 30 March 1985, by section 2(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 2(1) general election: replaced, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
Section 2(1) general revenues: inserted, on 1 July 1992, by section 2(4) of the Local Government Amendment Act 1992 (1992 No 42).
Section 2(1) general revenues: amended, on 1 July 1998, pursuant to section 17(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 2(1) generally accepted accounting practice: inserted, on 27 July 1996, by section 2 of the Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 2(1) government road: inserted, on 1 April 1979, by section 3(2) of the Local Government Amendment Act 1978 (1978 No 43).
Section 2(1) hospital and health service: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 2(1) laying out: inserted, on 30 March 1985, by section 2(2) of the Local Government Amendment Act 1985 (1985 No 60).
Section 2(1) local authority: replaced, on 7 July 2004, by section 3(1) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 2(1) maritime facilities: inserted, on 29 April 1999, by section 2(1) of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
Section 2(1) Maritime New Zealand: inserted, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).
Section 2(1) maritime rules: inserted, on 29 April 1999, by section 2(1) of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
Section 2(1) Maritime Safety Authority: repealed, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).
Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) member: replaced, on 1 November 1989, by section 2(9) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) navigation bylaws: inserted, on 29 April 1999, by section 2(1) of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
Section 2(1) navigational aid: inserted, on 29 April 1999, by section 2(1) of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
Section 2(1) NBEA plan: repealed, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 2(1) net capital value: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) occupier: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) operative: repealed, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 2(1) out-district: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) owner: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) parliamentary elector: inserted, on 17 June 1986, by section 2(2) of the Local Government Amendment Act 1986 (1986 No 21).
Section 2(1) parliamentary elector: amended, on 1 July 1994, pursuant to section 284 of the Electoral Act 1993 (1993 No 87).
Section 2(1) Planning Tribunal: repealed, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 2(1) pleasure craft: inserted, on 29 April 1999, by section 2(1) of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
Section 2(1) polling day: inserted, on 17 June 1986, by section 2(3) of the Local Government Amendment Act 1986 (1986 No 21).
Section 2(1) pollutant: inserted, on 1 April 1980, by section 8(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 2(1) principal administrative officer: replaced, on 1 November 1989, by section 2(10) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) principal authority: repealed, on 25 November 1976, by section 7(2)(a) of the Local Government Amendment Act 1976 (1976 No 55).
Section 2(1) principal local authority: inserted, on 1 November 1989, by section 2(10) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) principal officer: repealed, on 19 January 1981, by section 2(1) of the Local Government Amendment Act 1980 (1980 No 82).
Section 2(1) property: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) public notice: replaced, on 1 July 1992, by section 2(5) of the Local Government Amendment Act 1992 (1992 No 42).
Section 2(1) public office or office: replaced, on 1 November 1989, by section 2(11) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) public work: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) public work: amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 2(1) rate records: replaced, on 29 June 1988, by section 208(1) of the Rating Powers Act 1988 (1988 No 97).
Section 2(1) rate records: amended, on 1 July 2003, pursuant to section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).
Section 2(1) rateable value: replaced, on 29 June 1988, by section 208(1) of the Rating Powers Act 1988 (1988 No 97).
Section 2(1) rateable value: amended, on 1 July 2003, pursuant to section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).
Section 2(1) ratepayer: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) rating qualification: repealed, on 17 June 1986, by section 2(4) of the Local Government Amendment Act 1986 (1986 No 21).
Section 2(1) region: replaced, on 28 July 1997, by section 2(1) of the Local Government Amendment Act 1997 (1997 No 49).
Section 2(1) regional council: replaced, on 7 July 2004, by section 3(2) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 2(1) regional planning scheme: inserted, on 1 April 1979, by section 3(2) of the Local Government Amendment Act 1978 (1978 No 43).
Section 2(1) regional road: repealed, on 1 July 1992, by section 2(8) of the Local Government Amendment Act 1992 (1992 No 42).
Section 2(1) regional scheme: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) reorganisation scheme: replaced, on 1 July 1994, by section 2(1) of the Local Government Amendment Act 1994 (1994 No 68).
Section 2(1) residential qualification: repealed, on 17 June 1986, by section 2(4) of the Local Government Amendment Act 1986 (1986 No 21).
Section 2(1) riding: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) road first definition: repealed, on 20 November 1981, by section 2 of the Local Government Amendment Act (No 2) 1981 (1981 No 111).
Section 2(1) road: inserted, on 1 April 1980, by section 8(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 2(1) rural area: inserted, on 1 April 1979, by section 3(2) of the Local Government Amendment Act 1978 (1978 No 43).
Section 2(1) rural area: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 2(1) scheme: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) ship: inserted, on 29 April 1999, by section 2(1) of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
Section 2(1) special consultative procedure: replaced, on 7 July 2004, by section 3(3) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 2(1) special order: repealed, on 7 July 2004, by section 3(4) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 2(1) State highway: inserted, on 1 April 1979, by section 3(2) of the Local Government Amendment Act 1978 (1978 No 43).
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).
Section 2(1) State highway: amended, on 1 October 1989, by section 116(4) of the Government Roading Powers Act 1989 (1989 No 75).
Section 2(1) subdivision: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) territorial authority: replaced, on 7 July 2004, by section 3(5) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 2(1) territorial authority district: replaced, on 1 July 1992, by section 2(11) of the Local Government Amendment Act 1992 (1992 No 42).
Section 2(1) treasurer: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(1) undivided district: repealed, on 1 November 1989, by section 2(16) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) united council: repealed, on 1 November 1989, by section 2(17) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) upgrading: inserted, on 30 March 1985, by section 2(3) of the Local Government Amendment Act 1985 (1985 No 60).
Section 2(1) valuation roll: replaced, on 29 June 1988, by section 208(1) of the Rating Powers Act 1988 (1988 No 97).
Section 2(1) valuation roll: amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).
Section 2(1) ward: replaced, on 1 July 1992, by section 2(12) of the Local Government Amendment Act 1992 (1992 No 42).
Section 2(1) working day: inserted, on 1 November 1989, by section 2(14) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).
Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).
Section 2(2): replaced, on 1 November 1989, by section 2(18) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(3): repealed, on 1 November 1989, by section 2(18) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(4): amended, on 25 November 1976, by section 3(1) of the Local Government Amendment Act 1976 (1976 No 55).
Section 2(5): inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 2(5): amended, on 18 June 1986, by section 2(3) of the Local Government Amendment Act (No 2) 1986 (1986 No 24).
Section 2(6): inserted, on 1 April 1980, by section 8(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 2(6): amended, on 1 April 1988, by section 2(2) of the Local Government Amendment Act 1988 (1988 No 71).
2A Functions, powers, and duties of Minister of Local Government
[Repealed]Section 2A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
2B Secretary for Local Government
[Repealed]Section 2B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 1 The Local Government Commission
[Repealed]Part 1: repealed, on 1 April 1990, pursuant to section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
The Commission[Repealed]
Heading: repealed, on 1 April 1990, pursuant to section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
3 Local Government Commission
[Repealed]Section 3: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
4 Term of office of members
[Repealed]Section 4: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
5 Extraordinary vacancies
[Repealed]Section 5: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
6 Deputies of members
[Repealed]Section 6: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
7 Deputy chairman
[Repealed]Section 7: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
8 Temporary members
[Repealed]Section 8: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
8A Committees
[Repealed]Section 8A: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
9 Meetings
[Repealed]Section 9: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
10 Remuneration, allowances, and expenses
[Repealed]Section 10: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
11 Commission may co-opt specialist advice
[Repealed]Section 11: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
11A Power of Commission to engage consultants
[Repealed]Section 11A: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
12 Officers of Commission
[Repealed]Section 12: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
13 Commission to be a commission of inquiry
[Repealed]Section 13: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
14 Evidence in proceedings before Commission
[Repealed]Section 14: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Functions and powers of Commission[Repealed]
Heading: repealed, on 1 November 1989, pursuant to section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
15 Functions of Commission
[Repealed]Section 15: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
15A Object
[Repealed]Section 15A: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
15B Duty of Commission to prepare final reorganisation schemes
[Repealed]Section 15B: repealed, on 1 November 1989, by section 3(1) of the 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]Section 15C: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
15D Commission’s obligation to give priority to preparation of final reorganisation schemes
[Repealed]Section 15D: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
15E Procedures for preparing final reorganisation schemes
[Repealed]Section 15E: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
16 Commission may direct investigations
[Repealed]Section 16: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Regional schemes[Repealed]
Heading: repealed, on 1 April 1990, pursuant to section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
17 Regional schemes
[Repealed]Section 17: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
18 Procedure for preparation of regional schemes
[Repealed]Section 18: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
19 Holding of public meetings
[Repealed]Section 19: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
20 Notice of provisional regional scheme
[Repealed]Section 20: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
21 Objections to provisional regional scheme
[Repealed]Section 21: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
22 Final regional scheme
[Repealed]Section 22: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
23 Notice of final regional scheme
[Repealed]Section 23: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
24 Minister may refer final regional scheme back to Commission for reconsideration
[Repealed]Section 24: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Reorganisation schemes[Repealed]
Heading: repealed, on 1 April 1990, pursuant to section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
25 Matters which may be included in reorganisation schemes
[Repealed]Section 25: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
26 Initiation of reorganisation schemes
[Repealed]Section 26: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
26A Commission may decide not to proceed with proposal
[Repealed]Section 26A: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
27 Commission to endeavour to negotiate agreements
[Repealed]Section 27: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
28 Electors may request survey to ascertain extent of public opposition to proposal
[Repealed]Section 28: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
29 Conduct of survey
[Repealed]Section 29: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
30 Action to be taken after survey taken
[Repealed]Section 30: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
31 Fate of proposal after survey
[Repealed]Section 31: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
32 Public notice of provisional reorganisation scheme
[Repealed]Section 32: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
33 Objections to provisional reorganisation scheme
[Repealed]Section 33: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
34 Final reorganisation scheme
[Repealed]Section 34: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Matters common to regional and reorganisation schemes[Repealed]
Heading: repealed, on 1 April 1990, pursuant to section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
35 Supplementary provisions for giving effect to schemes
[Repealed]Section 35: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
36 Effect to be given to final scheme
[Repealed]Section 36: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37 Provisions to be included in Order in Council
[Repealed]Section 37: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37A Appeal against determination of Commission
[Repealed]Section 37A: repealed, on 1 November 1989, by section 3(1) of the 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]Section 37B: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37C Powers of local authority on which jurisdiction conferred for purposes of scheme
[Repealed]Section 37C: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37D Effect of inclusion of district or part thereof in another district
[Repealed]Section 37D: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37E Apportionment of assets and liabilities
[Repealed]Section 37E: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37F Apportionment of loan liabilities
[Repealed]Section 37F: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37G Apportionment of petroleum tax revenue
[Repealed]Section 37G: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37H Payment on transfer of trading undertaking
[Repealed]Section 37H: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37HA Certain matters not affected by transfer of functions, duties, or powers
[Repealed]Section 37HA: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37HB Registers
[Repealed]Section 37HB: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Annual report[Repealed]
Heading: repealed, on 1 April 1990, pursuant to section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
37I Annual report
[Repealed]Section 37I: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 1A Purposes and structure of local government
[Repealed]Part 1A: repealed, on 1 November 2010, pursuant to section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
37J Commencement
[Repealed]Section 37J: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37K Purposes of local government
[Repealed]Section 37K: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37L Structure of local government
[Repealed]Section 37L: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37M Cities
[Repealed]Section 37M: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37N Unitary authorities
[Repealed]Section 37N: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37O Regional boundaries
[Repealed]Section 37O: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37P Territorial authority boundaries
[Repealed]Section 37P: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37Q Out-districts
[Repealed]Section 37Q: repealed, on 1 July 1992, by section 5 of the Local Government Amendment Act 1992 (1992 No 42).
37R Minister of Local Government to be territorial authority
[Repealed]Section 37R: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37RA Minister of Conservation to have certain powers of regional council and territorial authority
[Repealed]Section 37RA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37S Functions of regional councils
[Repealed]Section 37S: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37SA Further provisions relating to functions of regional councils
[Repealed]Section 37SA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37SB Hazardous waste management
[Repealed]Section 37SB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37SC Transfer of functions, duties, etc
[Repealed]Section 37SC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37SD Revocation of transfer of functions, duties, etc
[Repealed]Section 37SD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Auckland regional growth strategy[Repealed]
Heading: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
37SE Auckland regional growth strategy
[Repealed]Section 37SE: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
37SF Copies of regional growth strategy
[Repealed]Section 37SF: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
37SG Regional growth forum
[Repealed]Section 37SG: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
37SH Consultation
[Repealed]Section 37SH: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
37T Functions of territorial authorities
[Repealed]Section 37T: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 2A Local Government Commission
[Repealed]Part 2A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37U Commencement
[Repealed]Section 37U: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37V Local Government Commission
[Repealed]Section 37V: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37W Functions of Commission
[Repealed]Section 37W: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37X Commission to report to Minister
[Repealed]Section 37X: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37Y Membership of Commission
[Repealed]Section 37Y: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37Z Term of office
[Repealed]Section 37Z: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZA Deputies of members
[Repealed]Section 37ZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZB Temporary members
[Repealed]Section 37ZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZC Further provisions applying in respect of Commission
[Repealed]Section 37ZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 2AA Appeals against decisions of Commission
[Repealed]Part 2AA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZD Commencement
[Repealed]Section 37ZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZE Appeal against decision of Commission on question of law
[Repealed]Section 37ZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZF Notice of appeal
[Repealed]Section 37ZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZG Right to appear and be heard on appeals
[Repealed]Section 37ZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZH Orders relating to determination of appeals
[Repealed]Section 37ZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZI Dismissal of appeal
[Repealed]Section 37ZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZJ Appeal in respect of additional points of law
[Repealed]Section 37ZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZK Extension of time
[Repealed]Section 37ZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZL Date of hearing
[Repealed]Section 37ZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZM Restriction on appeals
[Repealed]Section 37ZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 2B Initiation of reorganisation proposals
[Repealed]Part 2B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Reorganisation proposals[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZN Matters that may be included in reorganisation proposal
[Repealed]Section 37ZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZO Initiation of reorganisation proposal
[Repealed]Section 37ZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZP Procedure for initiation of reorganisation proposal
[Repealed]Section 37ZP: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZQ Contents of reorganisation proposal
[Repealed]Section 37ZQ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Criteria[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZQA Criteria
[Repealed]Section 37ZQA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZR Boundaries
[Repealed]Section 37ZR: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZRA Membership
[Repealed]Section 37ZRA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 2BA Consideration of proposals for boundary alterations and transfer of functions
[Repealed]Part 2BA: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZS Interpretation
[Repealed]Section 37ZS: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZT Action required on receipt of reorganisation proposal
[Repealed]Section 37ZT: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZU Relevant criteria
[Repealed]Section 37ZU: repealed, on 1 July 1994, by section 5(2) of the Local Government Amendment Act 1994 (1994 No 68).
Principal local authority[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZV Designation of principal local authority
[Repealed]Section 37ZV: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZW Duties of principal local authority
[Repealed]Section 37ZW: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Submissions[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZX Submissions in relation to draft reorganisation scheme
[Repealed]Section 37ZX: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZY Power to appoint committee to consider submissions
[Repealed]Section 37ZY: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZ Consideration and hearing of submissions
[Repealed]Section 37ZZ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Decisions[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZZA Decisions in relation to draft reorganisation scheme
[Repealed]Section 37ZZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZB Procedure where no submissions received
[Repealed]Section 37ZZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Appeals[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZZC Appeal against decision of principal local authority
[Repealed]Section 37ZZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZD Notice of appeal
[Repealed]Section 37ZZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZE Right to appear and be heard on appeals
[Repealed]Section 37ZZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZF Orders relating to determination of appeals
[Repealed]Section 37ZZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZG Dismissal of appeal
[Repealed]Section 37ZZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZH Appeal in respect of additional matters
[Repealed]Section 37ZZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZI Extension of time
[Repealed]Section 37ZZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZJ Date of hearing
[Repealed]Section 37ZZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZK Hearing and determination of appeal
[Repealed]Section 37ZZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZL Power to refer appeal back for reconsideration
[Repealed]Section 37ZZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZM Notice of decision on appeal
[Repealed]Section 37ZZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZMA Procedure after appeal
[Repealed]Section 37ZZMA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZN Provisions pending determination of appeal
[Repealed]Section 37ZZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Similar proposals[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZZNA Power to decline to consider reorganisation proposal
[Repealed]Section 37ZZNA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 2BB Consideration of proposals for new districts
[Repealed]Part 2BB: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZZO Interpretation
[Repealed]Section 37ZZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZP Minimum populations of districts and regions
[Repealed]Section 37ZZP: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZQ Duties of principal administrative officer
[Repealed]Section 37ZZQ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZQA Representative of electors
[Repealed]Section 37ZZQA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZQB Commission to obtain views
[Repealed]Section 37ZZQB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZR Commission to prepare draft reorganisation scheme and explanatory statement
[Repealed]Section 37ZZR: repealed, on 1 July 1994, by section 7 of the Local Government Amendment Act 1994 (1994 No 68).
37ZZS Consideration of proposal by Commission
[Repealed]Section 37ZZS: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZSA Power to decline to consider reorganisation proposal
[Repealed]Section 37ZZSA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZT Referral back of proposal
[Repealed]Section 37ZZT: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTA Power to decline resubmitted proposal
[Repealed]Section 37ZZTA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Reviews[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTB Reviews
[Repealed]Section 37ZZTB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTC Statement of review
[Repealed]Section 37ZZTC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTD Public notice of review
[Repealed]Section 37ZZTD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTE Submissions on review
[Repealed]Section 37ZZTE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTF Requirement to consult
[Repealed]Section 37ZZTF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTG Consideration of submissions
[Repealed]Section 37ZZTG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTH Inquiries and investigations
[Repealed]Section 37ZZTH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTI Decisions on review
[Repealed]Section 37ZZTI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTJ Completion of review
[Repealed]Section 37ZZTJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZTK Application of Part 2BA with modifications
[Repealed]Section 37ZZTK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Reorganisation schemes[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZZU Commission to deal with amended proposal
[Repealed]Section 37ZZU: repealed, on 1 July 1994, by section 8 of the Local Government Amendment Act 1994 (1994 No 68).
37ZZV Draft reorganisation schemes
[Repealed]Section 37ZZV: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZVA Power to amend basis of certain rates
[Repealed]Section 37ZZVA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZVB Power to amend reorganisation schemes
[Repealed]Section 37ZZVB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZW Explanatory statement
[Repealed]Section 37ZZW: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZX Commission to give public notice of draft reorganisation scheme and explanatory statement
[Repealed]Section 37ZZX: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZY Submissions on draft reorganisation scheme
[Repealed]Section 37ZZY: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZ Consideration of submissions
[Repealed]Section 37ZZZ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZA Reorganisation scheme
[Repealed]Section 37ZZZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZB Explanatory statement
[Repealed]Section 37ZZZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZC Duty of Commission to give notice
[Repealed]Section 37ZZZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZD Power of proposer to withdraw proposal
[Repealed]Section 37ZZZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZDA Power of Commission to abandon reorganisation scheme or to resolve to conduct review
[Repealed]Section 37ZZZDA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Polls[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZE Polls to be held
[Repealed]Section 37ZZZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZF Timing of poll
[Repealed]Section 37ZZZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZG Official result of poll
[Repealed]Section 37ZZZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZH Fate of proposal after poll
[Repealed]Section 37ZZZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZHA Power to decline to consider reorganisation proposal
[Repealed]Section 37ZZZHA: repealed, on 1 July 1994, by section 15 of the Local Government Amendment Act 1994 (1994 No 68).
37ZZZI Regulations
[Repealed]Section 37ZZZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Expenditure limits[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZIA Interpretation
[Repealed]Section 37ZZZIA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZIB Population
[Repealed]Section 37ZZZIB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZIC Advertising in relation to polls
[Repealed]Section 37ZZZIC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZID Provision of funding to proposer
[Repealed]Section 37ZZZID: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZIE Returns of expenditure
[Repealed]Section 37ZZZIE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZIF Authorisation of advertising
[Repealed]Section 37ZZZIF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZIG Application
[Repealed]Section 37ZZZIG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 2BC Implementation of reorganisation schemes
[Repealed]Part 2BC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZJ Implementation of reorganisation schemes
[Repealed]Section 37ZZZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZK Provisions relating to Orders in Council giving effect to reorganisation schemes
[Repealed]Section 37ZZZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZL Order in Council may set ward and constituency boundaries
[Repealed]Section 37ZZZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZM Effect of Orders in Council giving effect to reorganisation schemes
[Repealed]Section 37ZZZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZN Power to amend basis of certain rates
[Repealed]Section 37ZZZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZO Power to amend reorganisation schemes
[Repealed]Section 37ZZZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Miscellaneous provisions[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZP No compensation payable where function transferred
[Repealed]Section 37ZZZP: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZQ Certain matters not affected by transfer of functions, duties, or powers
[Repealed]Section 37ZZZQ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZR Registers
[Repealed]Section 37ZZZR: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZS Prohibition in respect of requests and recommendations under other enactments
[Repealed]Section 37ZZZS: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 2 Regions, territorial districts, and communities
[Repealed]Part 2: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
38 This Part to be read subject to Part 1
[Repealed]Section 38: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
39 Application of this Act
[Repealed]Section 39: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Regions and regional and united councils[Repealed]
Heading: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
40 Constitution, alteration, union, and abolition of regions
[Repealed]Section 40: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
41 Regional councils and united councils
[Repealed]Section 41: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
42 Membership of regional councils
[Repealed]Section 42: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
43 Review of constituencies and membership
[Repealed]Section 43: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
44 Objections to decision of regional council
[Repealed]Section 44: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
45 Membership of united councils
[Repealed]Section 45: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
46 Alteration of allocation of appointments to united councils
[Repealed]Section 46: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
46A Joint appointments to united council
[Repealed]Section 46A: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Constitution of districts of territorial authorities[Repealed]
Heading: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
47 Interpretation
[Repealed]Section 47: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
48 Constitution, alteration, and union of districts
[Repealed]Section 48: repealed, on 1 November 1989, by section 6(1) of the 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]Section 49: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
50 Boundaries of districts
[Repealed]Section 50: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
51 New cities
[Repealed]Section 51: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Councils of districts[Repealed]
Heading: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
52 Councils of districts
[Repealed]Section 52: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
53 Incorporation of councils
[Repealed]Section 53: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
54 District councils
[Repealed]Section 54: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
55 Membership of councils
[Repealed]Section 55: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
56 Review of basis of election
[Repealed]Section 56: repealed, on 1 November 1989, by section 6(1) of the 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]Section 56A: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
56B Commission to determine wards
[Repealed]Section 56B: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
56C Factors to be used in determining wards
[Repealed]Section 56C: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
56D Ward system where members of territorial authority elected on ward system in 1983
[Repealed]Section 56D: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Constitution of communities[Repealed]
Heading: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
57 Constitution of communities
[Repealed]Section 57: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
58 Union, alteration, or abolition, of communities
[Repealed]Section 58: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
District community councils and community councils[Repealed]
Heading: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
59 District community councils and community councils
[Repealed]Section 59: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
60 Membership of district community councils and community councils
[Repealed]Section 60: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
61 Purpose of community council
[Repealed]Section 61: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 3 Elections, electors, and electoral rolls
[Repealed]Part 3: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
Members other than members of united council[Repealed]
Heading: repealed, on 1 November 1989, pursuant to section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
62 Election of members
[Repealed]Section 62: repealed, on 1 November 1989, by section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
63 Electors qualified for election
[Repealed]Section 63: repealed, on 1 November 1989, by section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
64 Persons disqualified for election
[Repealed]Section 64: repealed, on 17 June 1986, by section 6 of the Local Government Amendment Act 1986 (1986 No 21).
Members of united council[Repealed]
Heading: repealed, on 1 November 1989, pursuant to section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
65 Members of united council
[Repealed]Section 65: repealed, on 1 November 1989, by section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Special provisions relating to communities[Repealed]
Heading: repealed, on 1 November 1989, pursuant to section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
66 Community within jurisdiction of district community council to constitute a ward
[Repealed]Section 66: repealed, on 1 November 1989, by section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
67 Representation of district community council on territorial authority and other bodies
[Repealed]Section 67: repealed, on 1 November 1989, by section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
68 Appointment of representative of community council to attend territorial authority meetings
[Repealed]Section 68: repealed, on 1 November 1989, by section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Electors[Repealed]
Heading: repealed, on 1 November 1989, pursuant to section 12(1) of the 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]Section 69: repealed, on 1 November 1989, by section 12(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
70 Electors and voting rights
[Repealed]Section 70: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
71 Electors of regions
[Repealed]Section 71: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
72 Compilation of electoral roll
[Repealed]Section 72: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
73 No person to be enrolled more than once
[Repealed]Section 73: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Electoral rolls[Repealed]
Heading: repealed, on 1 July 1989, pursuant to section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
74 Roll to be available for public inspection
[Repealed]Section 74: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
75 Application for registration as a parliamentary elector
[Repealed]Section 75: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
76 Completion of roll
[Repealed]Section 76: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
77 Amendments to roll
[Repealed]Section 77: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
78 When roll in force
[Repealed]Section 78: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
79 Proof of roll
[Repealed]Section 79: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
80 Roll for by-election or poll
[Repealed]Section 80: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
81 Use of roll for other local authority election, by-election, or poll
[Repealed]Section 81: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
82 Special provisions relating to regional council elections
[Repealed]Section 82: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
83 Local Elections and Polls Act 1976 applied
[Repealed]Section 83: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
84 Revision of rolls
[Repealed]Section 84: repealed, on 17 June 1986, by section 7 of the Local Government Amendment Act 1986 (1986 No 21).
85 Rolls for purposes of by-elections and polls
[Repealed]Section 85: repealed, on 17 June 1986, by section 7 of the Local Government Amendment Act 1986 (1986 No 21).
86 Use of rolls for other local authority elections and polls
[Repealed]Section 86: repealed, on 17 June 1986, by section 7 of the Local Government Amendment Act 1986 (1986 No 21).
87 Special provisions relating to regional council elections
[Repealed]Section 87: repealed, on 17 June 1986, by section 7 of the Local Government Amendment Act 1986 (1986 No 21).
88 Local Elections and Polls Act 1976 applied
[Repealed]Section 88: repealed, on 17 June 1986, by section 7 of the Local Government Amendment Act 1986 (1986 No 21).
89 Compulsory enrolment of residential electors
[Repealed]Section 89: repealed, on 17 June 1986, by section 7 of the Local Government Amendment Act 1986 (1986 No 21).
Part 4 Mayor, chairman, and members of councils
[Repealed]Part 4: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
90 Mayor of borough
[Repealed]Section 90: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
91 Mayor or chairman of district council
[Repealed]Section 91: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
92 Election of mayor
[Repealed]Section 92: repealed, on 1 November 1989, by section 12(2) of the 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]Section 93: repealed, on 1 November 1989, by section 12(2) of the 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]Section 93A: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
93B Election of chairman by open voting
[Repealed]Section 93B: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
94 Principal officer to preside at meeting for election of chairman
[Repealed]Section 94: repealed, on 1 November 1989, by section 12(2) of the 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]Section 95: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
96 Provisions applying to all mayors and chairmen
[Repealed]Section 96: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Disqualification of members of councils, and filling of extraordinary vacancies[Repealed]
Heading: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
97 Disqualification of members of councils other than united councils
[Repealed]Section 97: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
98 Extraordinary vacancies on district community councils and community councils
[Repealed]Section 98: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
99 Vacancies in membership of united council
[Repealed]Section 99: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
100 Ouster of office of member
[Repealed]Section 100: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
101 Audit Office to institute proceedings
[Repealed]Section 101: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 4A Membership, wards, and constituencies
[Repealed]Part 4A: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
101A Commencement
[Repealed]Section 101A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101B Application
[Repealed]Section 101B: repealed, on 10 October 1992, by section 9(1) of the Local Government Amendment Act 1992 (1992 No 42).
101C Membership of territorial authorities
[Repealed]Section 101C: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
101CA Membership of regional councils
[Repealed]Section 101CA: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
101D Wards and constituencies of districts and regions
[Repealed]Section 101D: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
101E Membership
[Repealed]Section 101E: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
101F Electors of regions, territorial authorities, and communities
[Repealed]Section 101F: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
101G Parliamentary electors qualified for election to any regional council, territorial authority, or community board
[Repealed]Section 101G: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
101GA Candidacy for both regional council and constituent authority prohibited
[Repealed]Section 101GA: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
101H Review of membership and basis of election
[Repealed]Section 101H: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
101I Distribution of copies of resolution
[Repealed]Section 101I: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
101J Objections
[Repealed]Section 101J: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
101K Commission to determine wards and constituencies
[Repealed]Section 101K: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
101L Factors in determination of membership and basis of election
[Repealed]Section 101L: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
101M When ward and constituency determinations take effect
[Repealed]Section 101M: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment Act 2002 (2002 No 85).
Presiding members of territorial authorities and regional councils[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
101N Presiding member
[Repealed]Section 101N: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101O Qualification and election of mayor of territorial authority
[Repealed]Section 101O: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
101P Election of chairperson of regional council
[Repealed]Section 101P: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101Q Provisions applying to all mayors and chairpersons
[Repealed]Section 101Q: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101R Filling of vacancy in office of mayor
[Repealed]Section 101R: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
101S Filling of vacancy in office of chairperson
[Repealed]Section 101S: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101T Mayors and chairpersons to be Justices of the Peace
[Repealed]Section 101T: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101U Election of deputy mayor or deputy chairperson
[Repealed]Section 101U: repealed, on 1 July 2003, by section 266 of the 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]Section 101V: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101W Provisions where same person elected to be both mayor and a member
[Repealed]Section 101W: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
Extraordinary vacancies[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
101X Disqualification of members
[Repealed]Section 101X: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101Y Ouster of office of member
[Repealed]Section 101Y: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101Z Secretary to institute proceedings
[Repealed]Section 101Z: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZA Member’s right to resign
[Repealed]Section 101ZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZB Extraordinary vacancies
[Repealed]Section 101ZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZC Procedure in relation to extraordinary vacancy in local authority
[Repealed]Section 101ZC: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
101ZD Power to require election to be held
[Repealed]Section 101ZD: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
101ZE Election to extraordinary vacancy
[Repealed]Section 101ZE: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
Part 4B Communities
[Repealed]Part 4B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZF Commencement
[Repealed]Section 101ZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZG Constitution of communities
[Repealed]Section 101ZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZH Matters pertaining to constitution of communities
[Repealed]Section 101ZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZI Proposal to establish community
[Repealed]Section 101ZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZJ Requirements in relation to proposal
[Repealed]Section 101ZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZK Proposal seeking constitution of communities
[Repealed]Section 101ZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZL Matters to be considered when constituting community
[Repealed]Section 101ZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZM Appeal against refusal to constitute community
[Repealed]Section 101ZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZN Procedures relating to resolution to constitute community
[Repealed]Section 101ZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZO Union, alteration, or abolition of communities
[Repealed]Section 101ZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Community boards[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
101ZP Community boards
[Repealed]Section 101ZP: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZQ Membership of community boards
[Repealed]Section 101ZQ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZR Elections of community boards
[Repealed]Section 101ZR: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZS Application of certain provisions relating to extraordinary vacancies
[Repealed]Section 101ZS: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Procedural matters[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
101ZT Chairperson of community board
[Repealed]Section 101ZT: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZU Community board committees
[Repealed]Section 101ZU: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZV Quorum of community board and committees of community board
[Repealed]Section 101ZV: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZW Application of Part 5A
[Repealed]Section 101ZW: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZX Community boards not committees of territorial authority
[Repealed]Section 101ZX: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Purposes, functions, duties, and powers of community boards[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
101ZY Purposes of community board
[Repealed]Section 101ZY: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZ Functions, duties, and powers of community board
[Repealed]Section 101ZZ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZA Specific functions determined by Order in Council
[Repealed]Section 101ZZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Administrative and other facilities[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
101ZZB Provision of administrative and other facilities for community boards
[Repealed]Section 101ZZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZC Expenses of community boards
[Repealed]Section 101ZZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 4C Remuneration of members
[Repealed]Part 4C: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
101ZZD Commencement
[Repealed]Section 101ZZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZE Interpretation
[Repealed]Section 101ZZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZF Remuneration Authority to determine remuneration
[Repealed]Section 101ZZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZG Mandatory criteria for Authority
[Repealed]Section 101ZZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZH Submissions to Authority
[Repealed]Section 101ZZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZI Frequency of adjustments
[Repealed]Section 101ZZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZJ Determination is a regulation
[Repealed]Section 101ZZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZK Publication of determinations
[Repealed]Section 101ZZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZL Levy to pay Authority’s costs
[Repealed]Section 101ZZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZM Members and officers of Remuneration Authority to maintain secrecy
[Repealed]Section 101ZZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZN Meaning of remuneration
[Repealed]Section 101ZZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZO Greytown District Trust Lands Trustees
[Repealed]Section 101ZZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
101ZZP Salary or allowances not payable in certain circumstances
[Repealed]Section 101ZZP: repealed, on 15 December 2001, by section 4 of the 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]Section 101ZZQ: repealed, on 15 December 2001, by section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 (2001 No 98).
101ZZR Reduction of salary where full term not served
[Repealed]Section 101ZZR: repealed, on 15 December 2001, by section 4 of the 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]Section 101ZZS: repealed, on 15 December 2001, by section 4 of the 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]Section 101ZZT: repealed, on 15 December 2001, by section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 (2001 No 98).
101ZZU Travelling expenses of members
[Repealed]Section 101ZZU: repealed, on 15 December 2001, by section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 (2001 No 98).
101ZZV Travelling expenses of members attending conferences
[Repealed]Section 101ZZV: repealed, on 15 December 2001, by section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 (2001 No 98).
Part 5 Procedural matters
[Repealed]Part 5: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
102 Interpretation
[Repealed]Section 102: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
103 Declaration by member
[Repealed]Section 103: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Committees[Repealed]
Heading: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
104 Standing or special committees
[Repealed]Section 104: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
105 Joint committees
[Repealed]Section 105: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
106 Subcommittees
[Repealed]Section 106: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Meetings[Repealed]
Heading: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
107 Chairman of meetings
[Repealed]Section 107: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
108 Quorum of councils and committees, and voting at meetings
[Repealed]Section 108: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
108A Voting system for certain elections and appointments
[Repealed]Section 108A: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
109 Proceedings not invalidated by vacancies, irregularities, etc
[Repealed]Section 109: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
110 Ordinary meetings
[Repealed]Section 110: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
111 Special meetings
[Repealed]Section 111: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
112 Minutes of proceedings
[Repealed]Section 112: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Special orders[Repealed]
Heading: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
113 Special orders
[Repealed]Section 113: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Procedural rules[Repealed]
Heading: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
114 Rules as to proceedings of council, committees, etc
[Repealed]Section 114: repealed, on 1 November 1989, by section 17(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 5A Procedural and organisational matters
[Repealed]Part 5A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114A Commencement
[Repealed]Section 114A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114B Interpretation
[Repealed]Section 114B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Meetings[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114C General provisions as to meetings
[Repealed]Section 114C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114D First meeting following triennial general election
[Repealed]Section 114D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114E Ordinary meetings
[Repealed]Section 114E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114F Special meetings
[Repealed]Section 114F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114G Emergency meetings
[Repealed]Section 114G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114H Meetings not invalid because notice not given
[Repealed]Section 114H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Conduct of meetings[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114I Quorum of councils and committees
[Repealed]Section 114I: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114J Voting
[Repealed]Section 114J: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114K Voting systems for certain appointments
[Repealed]Section 114K: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114L Chairperson of meetings
[Repealed]Section 114L: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Procedures at meetings[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114M Standing orders
[Repealed]Section 114M: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114N Minutes of proceedings
[Repealed]Section 114N: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114O Proceedings not invalidated by vacancies, irregularities, etc
[Repealed]Section 114O: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Committees and subcommittees[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114P Power to appoint committees and subcommittees
[Repealed]Section 114P: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114Q Delegation to committees and subcommittees
[Repealed]Section 114Q: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114R Membership of committees and subcommittees
[Repealed]Section 114R: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114S Joint committees
[Repealed]Section 114S: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Conduct of members[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114T Members to give notice of addresses
[Repealed]Section 114T: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114U Declaration by member
[Repealed]Section 114U: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114V Members shall abide by standing orders
[Repealed]Section 114V: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 6 Administrative and other facilities
[Repealed]Part 6: repealed, on 1 November 1989, by section 19(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
115 Administration of united council
[Repealed]Section 115: repealed, on 1 November 1989, by section 19(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
116 Administering authority to provide staff, land, and other facilities for united council
[Repealed]Section 116: repealed, on 1 November 1989, by section 19(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
117 Staff of regional councils and territorial authorities
[Repealed]Section 117: repealed, on 1 November 1989, by section 19(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
118 Provision of administrative and other facilities for district community councils and community councils
[Repealed]Section 118: repealed, on 1 November 1989, by section 19(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
119 Expenses of community councils
[Repealed]Section 119: repealed, on 1 November 1989, by section 19(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 6A Employment of staff
[Repealed]Part 6A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119A Commencement
[Repealed]Section 119A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119B Staff of local authorities
[Repealed]Section 119B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119C Chief executive officer or group of senior executive officers
[Repealed]Section 119C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119D Responsibilities of executive officers
[Repealed]Section 119D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119E Maximum term of employment
[Repealed]Section 119E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119F General employment principles
[Repealed]Section 119F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119G Equal employment opportunities programme
[Repealed]Section 119G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119H Appointments on merit
[Repealed]Section 119H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119I Obligation to notify vacancies
[Repealed]Section 119I: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
119J Maximum term of office of certain employees
[Repealed]Section 119J: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 7 General revenues and estimates
[Repealed]Part 7: repealed, on 1 July 1992, by section 16 of the Local Government Amendment Act 1992 (1992 No 42).
120 General revenues
[Repealed]Section 120: repealed, on 1 July 1992, by section 16 of the Local Government Amendment Act 1992 (1992 No 42).
121 Annual estimates
[Repealed]Section 121: repealed, on 1 July 1990, by section 24(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
122 Application of income
[Repealed]Section 122: repealed, on 1 July 1992, by section 16 of the Local Government Amendment Act 1992 (1992 No 42).
Part 7A Financial management
[Repealed]Part 7A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122A Interpretation
[Repealed]Section 122A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122B Purposes
[Repealed]Section 122B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122C Principles of financial management
[Repealed]Section 122C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122D Local authorities not required to use specific funding mechanisms
[Repealed]Section 122D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122E Funding of expenditure needs
[Repealed]Section 122E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122F Principles relating to funding of expenditure needs
[Repealed]Section 122F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122G Considerations related to funding of expenditure needs
[Repealed]Section 122G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122H Matters related to mechanisms for funding of expenditure needs
[Repealed]Section 122H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122I Compliance
[Repealed]Section 122I: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122J Short-term borrowing, reserves, etc
[Repealed]Section 122J: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122K Long-term financial strategy
[Repealed]Section 122K: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122L Content of long-term financial strategy
[Repealed]Section 122L: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122M Significant forecasting assumptions of long-term financial strategy
[Repealed]Section 122M: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122N Funding policy
[Repealed]Section 122N: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122O Content of funding policy
[Repealed]Section 122O: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122P Investment policy
[Repealed]Section 122P: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122Q Content of investment policy
[Repealed]Section 122Q: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122R Borrowing management policy
[Repealed]Section 122R: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122S Content of borrowing management policy
[Repealed]Section 122S: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122T Changes to long-term financial strategy and policies
[Repealed]Section 122T: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122U Variations between long-term financial strategy and funding, investment, or borrowing management policies
[Repealed]Section 122U: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122V Report on long-term financial strategy and policies
[Repealed]Section 122V: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122W Limitation of review
[Repealed]Section 122W: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122X Statement of compliance
[Repealed]Section 122X: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 7B Borrowing and security
[Repealed]Part 7B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122Y Commencement
[Repealed]Section 122Y: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122Z Interpretation
[Repealed]Section 122Z: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Power to borrow[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZA General power to borrow
[Repealed]Section 122ZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZAA Internal borrowing
[Repealed]Section 122ZAA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZB Power to enter into incidental arrangements
[Repealed]Section 122ZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZC Prohibition on borrowing in foreign currency
[Repealed]Section 122ZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Procedure for raising loans[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZD Procedure for borrowing money
[Repealed]Section 122ZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Securities and charges[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZE Security for loans
[Repealed]Section 122ZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZF Provisions applying to special rates
[Repealed]Section 122ZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZG Effects of breach on third parties
[Repealed]Section 122ZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Registration of charges[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZH Registration of charges
[Repealed]Section 122ZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZI Register of charges maintained by Registrar of Companies
[Repealed]Section 122ZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZJ Register of charges maintained by local authority
[Repealed]Section 122ZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZK Registration of subsisting charges
[Repealed]Section 122ZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Receivership[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZL Appointment of receivers
[Repealed]Section 122ZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZM Powers and duties of receivers
[Repealed]Section 122ZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZN Constraints on receiver
[Repealed]Section 122ZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZO Protection for receiver
[Repealed]Section 122ZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Miscellaneous provisions[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZP Loans not guaranteed by Crown
[Repealed]Section 122ZP: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZQ Assimilation of existing stock with new stock
[Repealed]Section 122ZQ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZR Provisions relating to sinking funds
[Repealed]Section 122ZR: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZS Conversion of existing loans
[Repealed]Section 122ZS: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
122ZT Preservation of existing status
[Repealed]Section 122ZT: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 8 Assessments of united councils
[Repealed]Part 8: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
123 Constituent authorities to meet expenditure
[Repealed]Section 123: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
124 Valuation equalisation
[Repealed]Section 124: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
125 Alterations to apportionment of expenditure
[Repealed]Section 125: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
125A Objections as to alterations to apportionment of expenditure
[Repealed]Section 125A: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
126 Assessment of contributions
[Repealed]Section 126: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
127 Jurisdiction of District Court
[Repealed]Section 127: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
128 Production of documents to be evidence
[Repealed]Section 128: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
129 Payment of assessments
[Repealed]Section 129: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
130 Powers of constituent authorities and other territorial authorities in respect of payments
[Repealed]Section 130: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
131 Powers of united council to recover contributions in case of default
[Repealed]Section 131: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
132 United councils not to have rating powers
[Repealed]Section 132: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 9 Rates and charges
[Repealed]Part 9: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
133 Levying and recovery of rates where property situated in region or out-district
[Repealed]Section 133: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
General rating by regional councils[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
134 Determination of rating system
[Repealed]Section 134: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
135 Regional general rate
[Repealed]Section 135: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
Territorial authority general rates[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
136 Territorial authority general rates
[Repealed]Section 136: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
137 Levying of territorial authority general rate where ward accounts kept
[Repealed]Section 137: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
138 Territorial authority may cease to make and levy general rates separately in each ward
[Repealed]Section 138: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
General rating in communities[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
139 Community general rate
[Repealed]Section 139: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
Regional works and services rates[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
140 Regional works and services rates
[Repealed]Section 140: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
141 Exercise of rating and levying powers of other authorities
[Repealed]Section 141: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
Territorial authority separate rates[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
142 Works and services rates
[Repealed]Section 142: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
143 Separate rates
[Repealed]Section 143: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
Improvement and development rates in communities[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
144 Community improvement and development rates
[Repealed]Section 144: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
145 Territorial authority may exempt farm lands in community from improvement and development rates
[Repealed]Section 145: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
Rating methods[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
146 Interpretation
[Repealed]Section 146: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
147 Differential rates
[Repealed]Section 147: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
147A Introduction of differential rating
[Repealed]Section 147A: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
148 Alteration to system of differential rating
[Repealed]Section 148: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
148A Certain changes not to compromise alteration to system of differential rating
[Repealed]Section 148A: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
149 Revocation of differential rating
[Repealed]Section 149: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
150 Notice to Valuer-General
[Repealed]Section 150: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
151 Levying of differential rate
[Repealed]Section 151: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
152 Application of proceeds of differential rate
[Repealed]Section 152: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
153 Rating on a graduated scale
[Repealed]Section 153: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
154 Land drainage or water race rating on area system
[Repealed]Section 154: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
155 Appeal against operation of area system
[Repealed]Section 155: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
156 Classification for purposes of area rate
[Repealed]Section 156: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
157 Fire protection rate on value of improvements
[Repealed]Section 157: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
Charges instead of rates[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
157A Uniform annual general charge
[Repealed]Section 157A: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
157B Reduction or cancellation of uniform annual general charge
[Repealed]Section 157B: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
157C Uniform annual general charges on properties only partly in district
[Repealed]Section 157C: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
158 Water charges
[Repealed]Section 158: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
159 Provisions as to water meters
[Repealed]Section 159: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
160 Water race charge
[Repealed]Section 160: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
161 Owner granting land for water race may have water free of charge or at a reduced charge
[Repealed]Section 161: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
162 Sewerage and stormwater drainage charges
[Repealed]Section 162: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
163 Refuse charges
[Repealed]Section 163: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164 Fire protection charges
[Repealed]Section 164: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164A Uniform annual charges instead of rates for certain purpose
[Repealed]Section 164A: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164AA Annual charges on properties in common occupation
[Repealed]Section 164AA: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
Lump sum contribution to capital cost of works[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164B Interpretation
[Repealed]Section 164B: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164C Territorial authority may resolve to seek lump sum contributions from ratepayers
[Repealed]Section 164C: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164D Preparation of cost estimates and calculation of contributions and rates or charges relating to works
[Repealed]Section 164D: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164E Right to make lump sum contribution
[Repealed]Section 164E: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164F Notification to ratepayer of right to make election
[Repealed]Section 164F: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164G Effect of election to make a lump sum contribution
[Repealed]Section 164G: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164H Payment of lump sum contributions
[Repealed]Section 164H: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164I Recalculation of lump sum contribution on completion of work
[Repealed]Section 164I: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164J Refund of or increase in lump sum contribution
[Repealed]Section 164J: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
164K Lump sum contribution deemed to be separate rate
[Repealed]Section 164K: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
Part 10 Miscellaneous financial provisions
[Repealed]Part 10: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
165 Interpretation
[Repealed]Section 165: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
166 Minimum rates
[Repealed]Section 166: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
167 Charges deemed to be rates
[Repealed]Section 167: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
168 In default of payment of water rates or charges supply may be stopped
[Repealed]Section 168: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
169 Adjusted valuation
[Repealed]Section 169: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
170 Adoption of different rating system in community
[Repealed]Section 170: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
171 Deduction from proceeds of separate rate of cost of making and levying rate, etc
[Repealed]Section 171: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
172 Separate rate may be made an annually recurring rate
[Repealed]Section 172: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
173 Certain separate rates payable in full or for proportionate part of year in certain circumstances
[Repealed]Section 173: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
174 Consolidation of special rates
[Repealed]Section 174: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
175 Consolidation of rates
[Repealed]Section 175: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
176 Application of surplus of certain rates and contributions
[Repealed]Section 176: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
177 Unauthorised expenditure
[Repealed]Section 177: repealed, on 1 July 1990, by section 24(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
178 Special provisions as to County of Chatham Islands
[Repealed]Section 178: repealed, on 22 December 1980, by section 14(3) of the Chatham Islands County Council Empowering Act 1980 (1980 No 6 (L)).
Timber levy[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
179 Levy on timber
[Repealed]Section 179: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Borrowing[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
180 Security for loans
[Repealed]Section 180: repealed, on 1 July 1998, by section 10(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).
Part 11 Local authorities fuel tax
Part 11 heading: inserted, on 1 April 1978, by section 2 of the 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—
component authority means a territorial authority
component district means the district of a component authority
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 which relates to that tax area
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 5(1) of the Customs and Excise Act 2018) 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
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
Section 181: replaced, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 181(1) component authority: replaced, on 1 July 1992, by section 18 of the Local Government Amendment Act 1992 (1992 No 42).
Section 181(1) component district: replaced, on 1 July 1992, by section 18 of the Local Government Amendment Act 1992 (1992 No 42).
Section 181(1) distribution authority: replaced, on 1 July 1992, by section 18 of the Local Government Amendment Act 1992 (1992 No 42).
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): replaced, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).
Section 181(1) specified engine fuel paragraph (a)(i): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
Section 181(1) wholesale distributor: replaced, on 1 October 2008, by section 5(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(2): inserted, 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 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.
(3)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1970 No 134 s 3
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 182(1): replaced, on 1 October 2008, by section 6(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 182(2): amended, on 1 October 2008, by section 6(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 182(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
183 Tax areas for purposes of tax
(1)
The tax areas shall be those named in the first column of Schedule 7, 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.
Section 183: replaced, on 1 July 1992, by section 19 of the Local Government Amendment Act 1992 (1992 No 42).
184 Notice of change of distribution authority
Where pursuant to this Part 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.
Section 184: replaced, on 1 April 1978, by section 2 of the 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 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, 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; 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), 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, the local authorities petroleum tax being levied immediately before the commencement of this Part pursuant to the Local Authorities (Petroleum Tax) Act 1970 shall continue to be levied under this Part, as if the decision to levy the tax had been made under this Part, until the scale of tax is altered pursuant to section 186, and every notice in the form set out in Schedule 3 of 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 as if it were a notice given under this Act in the form set out in Schedule 8.
(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
Section 185: replaced, on 1 April 1978, by section 2 of the 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): inserted, 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) 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).
(5)
Every representative so appointed shall be entitled to exercise 1 vote at the meeting:
provided that if the population of any component district is 7 500 or more, its representative shall have 1 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) 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) 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
Section 186: replaced, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 186(1): replaced, on 1 July 1992, by section 20(1) of the Local Government Amendment Act 1992 (1992 No 42).
Section 186(2): repealed, on 1 July 1992, by section 20(2) of the Local Government Amendment Act 1992 (1992 No 42).
Section 186(3): replaced, on 1 July 1992, by section 20(3) of the Local Government Amendment Act 1992 (1992 No 42).
Section 186(9): amended, on 1 March 1988, pursuant to section 58(1) of the 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, 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
Section 187: replaced, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 187: amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
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:
(b)
to collect and distribute the proceeds of the tax within the tax area in accordance with section 198:
(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
Section 188: replaced, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 188 proviso: repealed, on 1 July 1992, by section 21 of the Local Government Amendment Act 1992 (1992 No 42).
Collection of tax
Heading: inserted, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
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 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
Section 189: replaced, on 1 April 1978, by section 2 of the 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): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
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 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, 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 Auditor-General 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
Section 190: replaced, on 1 April 1978, by section 2 of the 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).
Section 190(1): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 190(2): replaced, on 1 July 2001, by section 46 of the 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).
Section 190(3): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).
Section 190(3): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
191 Assessment presumed to be correct
Every assessment made by the principal administrative officer under this Part shall be taken to be correct, and the tax shall be payable accordingly, unless, on an appeal under section 192 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
Section 191: replaced, on 1 April 1978, by section 2 of the 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).
Section 191: amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
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 the 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
Section 192: replaced, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 192(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 192(1): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 192(2): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
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, 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 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, or that a deficient assessment of the tax has been made.
Compare: 1970 No 134 s 24
Section 193: replaced, on 1 April 1978, by section 2 of the 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).
Section 193(2): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
194 Penalty for late payment of tax
Notwithstanding the provisions of this Part, if any local authorities fuel tax that has become payable remains unpaid after the date on which it became payable under section 193, 10% 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, 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
Section 194: replaced, on 1 April 1978, by section 2 of the 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
Heading: inserted, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
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 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
Section 195: replaced, on 1 April 1978, by section 2 of the 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 Auditor-General
(1)
The distribution authority of every tax area shall keep such accounts, and keep them in such manner, as may be directed by the Auditor-General 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 Auditor-General as to whether or not any expenditure is properly chargeable against any such account shall be final.
Compare: 1970 No 134 s 27
Section 196: replaced, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 196 heading: amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).
Section 196(1): amended, on 1 October 2008, by section 14 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 196(1): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).
Section 196(2): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).
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 within the tax area.
(2)
If any dispute arises as to any amount transferred under subsection (1), or to be transferred or otherwise in relation thereto, it shall be decided by the Auditor-General, whose decision shall be final.
(3)
Except as provided in this Part, it shall not be lawful for the distribution authority to transfer any money from the Local Authorities Fuel Tax Account to any other account.
Section 197: replaced, on 1 July 1992, by section 22 of the 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(2): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).
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, 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 made and levied 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.
Section 198: replaced, on 16 December 1989, by section 24(1) of the Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27).
Section 198(2): replaced, on 1 July 1992, by section 23 of the Local Government Amendment Act 1992 (1992 No 42).
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
Section 199: inserted, on 1 April 1978, by section 2 of the 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 5(1) of the Customs and Excise Act 2018) 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).
(4)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 s 115, 116 | ||
| This note is not part of the Act. | ||||
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): replaced, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).
Section 199A(1)(a): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
Section 199A(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
200 Regulations in respect of local authorities fuel tax
(1)
Without limiting the power to make regulations conferred by section 723, 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:
(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:
(c)
providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
(2)
Regulations made for the purpose of this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1970 No 134 s 34
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 200: inserted, on 1 April 1978, by section 2 of the 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).
Section 200(1): amended, on 1 April 1980, by section 8(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 200(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Part 11A Regional petrol tax
[Repealed]Part 11A: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200A Interpretation
[Repealed]Section 200A: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200B Application of this Part
[Repealed]Section 200B: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200C Power of regional councils to levy regional petrol tax
[Repealed]Section 200C: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200D Regional petrol tax to be notified
[Repealed]Section 200D: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200E Restriction on collection of tax
[Repealed]Section 200E: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200F Application of proceeds of tax
[Repealed]Section 200F: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200G Returns by wholesale distributors
[Repealed]Section 200G: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200H Assessment of tax
[Repealed]Section 200H: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200I Assessment presumed to be correct
[Repealed]Section 200I: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200J Appeal against assessment
[Repealed]Section 200J: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200K Tax recoverable as a debt
[Repealed]Section 200K: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200L Penalty for late payment of tax
[Repealed]Section 200L: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200M Effect on agreements of imposition or alteration of tax
[Repealed]Section 200M: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
200N Accounting month
[Repealed]Section 200N: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
Part 12 Accounting documents, special funds, trading undertakings, and expenditure
[Repealed]Part 12: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
201 Application and interpretation of Part 12
[Repealed]Section 201: repealed, on 1 July 1990, by section 22(1)(a) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Financial records[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
202 Financial records
[Repealed]Section 202: repealed, on 1 July 1990, by section 22(1)(b) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
203 Allocation of administration costs
[Repealed]Section 203: repealed, on 19 January 1981, by section 27(1) of the Local Government Amendment Act 1980 (1980 No 82).
204 Inspection of documents by electors and others
[Repealed]Section 204: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Custody of and payment of money[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
205 Payment to and withdrawal from bank accounts
[Repealed]Section 205: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
206 Deposit at interest
[Repealed]Section 206: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
207 Council may establish Imprest Accounts
[Repealed]Section 207: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
208 Council may establish special funds
[Repealed]Section 208: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
209 Certain funds deemed to be special funds under this Act
[Repealed]Section 209: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Special provisions as to trading undertakings[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
210 Asset renewal charge
[Repealed]Section 210: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
211 Application of asset renewal charge
[Repealed]Section 211: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
212 Investment of asset renewal charge
[Repealed]Section 212: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
213 Power to revoke appointment of Commissioners
[Repealed]Section 213: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Remuneration and expenses of, and use of facilities by, mayor or chairman and other members[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
214 Interpretation
[Repealed]Section 214: repealed, on 1 July 1989, by section 23(1)(a) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
214A Annual allowances to be determined by Higher Salaries Commission
[Repealed]Section 214A: repealed, on 1 July 1989, by section 23(1)(a) of the 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: repealed, on 1 July 1989, by section 23(1)(b) of the 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: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
214D Payment of annual allowances and remuneration
[Repealed]Section 214D: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
214E Attendance at certain conferences and meetings to be remunerated
[Repealed]Section 214E: repealed, on 1 July 1989, by section 23(1)(c) of the 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: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
214G Annual allowances and remuneration not payable in certain circumstances
[Repealed]Section 214G: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
214H Annual allowance of chairman of district community council
[Repealed]Section 214H: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
214I Remuneration of chairman and other members of community council
[Repealed]Section 214I: repealed, on 1 July 1989, by section 23(1)(c) of the 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: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
214K Reduction of annual allowance where full term not served
[Repealed]Section 214K: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
214L Officer holder may decline to accept annual allowance or remuneration
[Repealed]Section 214L: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
214M Fund from which allowances and remuneration to be paid
[Repealed]Section 214M: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
215 Travelling expenses of members
[Repealed]Section 215: repealed, on 1 July 1989, by section 23(1)(d) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
216 Travelling expenses of members attending conferences
[Repealed]Section 216: repealed, on 1 July 1989, by section 23(1)(e) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
217 Expenses of members of district community councils and community councils
[Repealed]Section 217: repealed, on 1 July 1989, by section 23(1)(f) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
218 Use of transport facilities by members
[Repealed]Section 218: repealed, on 1 July 1989, by section 23(1)(f) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
219 Miscellaneous expenditure
[Repealed]Section 219: repealed, on 1 July 1990, by section 22(1)(d) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Miscellaneous provisions[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
220 Government not liable for district debts
[Repealed]Section 220: repealed, on 1 July 1990, by section 22(1)(e) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
221 Rates of interest
[Repealed]Section 221: repealed, on 1 July 1990, by section 22(1)(f) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
222 Offences by employees with respect to money or accounts
[Repealed]Section 222: repealed, on 1 July 1990, by section 22(1)(g) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
223 Regulations as to collection of and accounting for money
[Repealed]Section 223: repealed, on 1 July 1990, by section 22(1)(h) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
223A Preparation of financial statements in certain circumstances
[Repealed]Section 223A: repealed, on 1 July 1990, by section 22(1)(i) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 12A Accountability and accounting
[Repealed]Part 12A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223B Commencement
[Repealed]Section 223B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223C Conduct of affairs
[Repealed]Section 223C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223CA Special provisions applying to Wellington Regional Council
[Repealed]Section 223CA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223D Annual plan
[Repealed]Section 223D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223E Annual report
[Repealed]Section 223E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223F Financial systems
[Repealed]Section 223F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223G Failure to comply with financial reporting requirements
[Repealed]Section 223G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223H Inspection of financial records by members and specified officers of local authority
[Repealed]Section 223H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223I Banking and related matters
[Repealed]Section 223I: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223J Miscellaneous expenditure
[Repealed]Section 223J: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223K Unauthorised expenditure
[Repealed]Section 223K: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
223L Government not liable for debts
[Repealed]Section 223L: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 13 Council property
[Repealed]Part 13: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
224 Interpretation
[Repealed]Section 224: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225 Property for council purposes
[Repealed]Section 225: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225A Interpretation
[Repealed]Section 225A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225B Port company shares and assets and liabilities of former harbour boards
[Repealed]Section 225B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225C Application of proceeds of sale
[Repealed]Section 225C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225D Community trusts
[Repealed]Section 225D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225E Purpose of Trust
[Repealed]Section 225E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225F Trustees
[Repealed]Section 225F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225G Term of office of trustees
[Repealed]Section 225G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225H Persons not capable of holding office as trustee
[Repealed]Section 225H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225I Financial statements
[Repealed]Section 225I: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225J Trustees to hold public meeting
[Repealed]Section 225J: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225K Matters to be included in trust deed
[Repealed]Section 225K: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225L Trust deed not to be inconsistent with provisions of this Act
[Repealed]Section 225L: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
225M Application of Trustee Act 1956
[Repealed]Section 225M: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
226 Disposal of council property (other than land)
[Repealed]Section 226: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
227 Shops and offices
[Repealed]Section 227: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
228 Council may purchase land by instalments
[Repealed]Section 228: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 14 Sale and leasing of land
[Repealed]Part 14: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
229 Interpretation
[Repealed]Section 229: repealed, on 1 July 1992, by section 29 of the Local Government Amendment Act 1992 (1992 No 42).
230 Sale or exchange of council land
[Repealed]Section 230: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
231 Leasing of land by council
[Repealed]Section 231: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
232 Lease of council building as cinematograph theatre
[Repealed]Section 232: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
233 Leases to other local authorities may be by private contract
[Repealed]Section 233: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
234 Special provisions with respect to land and buildings reserved for recreation
[Repealed]Section 234: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
235 Council may grant easements
[Repealed]Section 235: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
236 Transfers and leases to Crown for reserves or public purposes
[Repealed]Section 236: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 15 Works of councils
[Repealed]Part 15: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
237 Interpretation
[Repealed]Section 237: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
237A Power to acquire land
[Repealed]Section 237: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
237B Land for regional planning
[Repealed]Section 237B: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
238 General powers of council in respect of works
[Repealed]Section 238: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
238A Execution of works and services for united council
[Repealed]Section 238A: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
239 Council involvement in joint ventures with other persons
[Repealed]Section 239: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
239A Agreement for execution of works and development for regional planning purposes
[Repealed]Section 239A: repealed, on 1 November 1989, by section 25(1) of the 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]Section 239B: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
240 Compensation payable by council for land taken or injuriously affected
[Repealed]Section 240: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
241 Government works not to be interfered with
[Repealed]Section 241: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
242 Council not authorised to create nuisance
[Repealed]Section 242: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
243 Protection of permanent reference marks
[Repealed]Section 243: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 16 Contracts
[Repealed]Part 16: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
244 Interpretation
[Repealed]Section 244: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
245 Contracts for works
[Repealed]Section 245: repealed, on 1 November 1989, by section 25(1) of the 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]Section 246: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
247 Co-operative contracts
[Repealed]Section 247: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 16A Works and contracts
[Repealed]Part 16A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
247A Commencement
[Repealed]Section 247A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
247B General powers
[Repealed]Section 247B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
247C General power to be involved in business and other ventures
[Repealed]Section 247C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
247D Method to be adopted
[Repealed]Section 247D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
247E Contracts and tenders
[Repealed]Section 247E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
247F Power to acquire land
[Repealed]Section 247F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
247G Compensation payable by local authority for land taken or injuriously affected
[Repealed]Section 247G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
247H Local authority not authorised to create nuisance
[Repealed]Section 247H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 17 Documents and local archives
[Repealed]Part 17: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
248 Interpretation
[Repealed]Section 248: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
Documents[Repealed]
Heading: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
249 Council to make arrangements in connection with documents
[Repealed]Section 249: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
250 Documents of district community councils and community councils
[Repealed]Section 250: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
251 Documents of abolished local authorities
[Repealed]Section 251: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
252 Authentication of documents by council or board
[Repealed]Section 252: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
253 Service of documents, etc
[Repealed]Section 253: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
254 Loss or destruction of documents, etc
[Repealed]Section 254: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
255 Certified copies of documents
[Repealed]Section 255: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
Local archives[Repealed]
Heading: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
256 Protection of local archives
[Repealed]Section 256: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
257 Use of local archives
[Repealed]Section 257: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
258 Acquisition of local archives and other documents
[Repealed]Section 258: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
259 Destruction of certain local archives
[Repealed]Section 259: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
Part 18 General provisions as to functions and powers
[Repealed]Part 18: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
260 Functions of united councils
[Repealed]Section 260: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
261 Regional or united council may undertake constituent authority functions
[Repealed]Section 261: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
262 Functions conferred by Order in Council
[Repealed]Section 262: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
263 Provisions on transfer of functions
[Repealed]Section 263: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 19 Functions of regional and united councils only
[Repealed]Part 19: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
264 Interpretation
[Repealed]Section 264: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
265 New regional functions
[Repealed]Section 265: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
266 Councils to exercise civil defence functions
[Repealed]Section 266: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
266A Functions relating to developments of regional importance
[Repealed]Section 266A: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
267 Delegation of functions from Crown
[Repealed]Section 267: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
268 Territorial authority may perform functions of regional council in certain circumstances
[Repealed]Section 268: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
269 Out-districts
[Repealed]Section 269: repealed, on 1 November 1989, by section 29(1) of the 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: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act 1992 (1992 No 42).
269A Interpretation
[Repealed]Section 269A: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act 1992 (1992 No 42).
269B Regions for the purposes of this Part
[Repealed]Section 269B: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act 1992 (1992 No 42).
269C Councils to undertake petroleum products rationing
[Repealed]Section 269C: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act 1992 (1992 No 42).
269D Petroleum products rationing organisation plans
[Repealed]Section 269D: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act 1992 (1992 No 42).
269E Petroleum products rationing administrative plans
[Repealed]Section 269E: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act 1992 (1992 No 42).
269F Amendment to approved plans
[Repealed]Section 269F: repealed, on 1 July 1992, by section 33(1) of the 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]Section 269G: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act 1992 (1992 No 42).
Part 20 Subdivision and development of land
[Repealed]Part 20: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
270 Interpretation and application
[Repealed]Section 270: repealed, on 1 October 1991, by section 362 of the 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]Section 270A: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
271 Subdivision defined
[Repealed]Section 271: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
271A Development defined
[Repealed]Section 271A: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
272 Application of this Part to the Crown
[Repealed]Section 272: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
273 Application of this Part to subdivision or development by council
[Repealed]Section 273: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
273A Application of this Part to developments by local authorities
[Repealed]Section 273A: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
273B Application of this Part to development by hospital boards
[Repealed]Section 273B: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
273C Application of this Part to relocatable home parks
[Repealed]Section 273C: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Subdivision[Repealed]
Heading: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
274 Subdivision not to be permitted in certain circumstances
[Repealed]Section 274: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
275 Scheme plan to be submitted to council
[Repealed]Section 275: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
276 Concept plan may be required in certain cases
[Repealed]Section 276: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
277 Concept plan to be referred to certain authorities
[Repealed]Section 277: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
278 Action to be taken in respect of concept plan
[Repealed]Section 278: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
279 Powers of council where scheme plan submitted
[Repealed]Section 279: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
280 Council and owner may agree for subdivision to proceed
[Repealed]Section 280: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
281 Application of Part 21
[Repealed]Section 281: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
282 Minimum frontage and area requirements
[Repealed]Section 282: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
283 Public water supply, drainage, electricity reticulation, and gas supply
[Repealed]Section 283: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Reserves[Repealed]
Heading: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
284 Reserves policy
[Repealed]Section 284: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
285 Reserves contributions in case of residential subdivisions
[Repealed]Section 285: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
286 Reserves contributions in respect of subdivision for commercial or industrial purposes
[Repealed]Section 286: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
287 Reserves contributions previously paid
[Repealed]Section 287: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
288 Payment and use of reserves contributions
[Repealed]Section 288: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
289 Reserves along areas of water
[Repealed]Section 289: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
290 Compensation in respect of land along areas of water set aside as reserves
[Repealed]Section 290: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
291 Preservation of trees and buildings of historic interest and wildlife habitat
[Repealed]Section 291: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
292 Reserves for future service lanes
[Repealed]Section 292: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Development[Repealed]
Heading: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
293 Development plans
[Repealed]Section 293: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294 Reserves and public services contributions in respect of development
[Repealed]Section 294: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294A Calculation of development levy
[Repealed]Section 294A: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294B Application of other sections to developments
[Repealed]Section 294B: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294C Variation of development plan or conditions imposed
[Repealed]Section 294C: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294D Reserves contributions or development levy where development varied
[Repealed]Section 294D: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294E Redetermination of assessed value
[Repealed]Section 294E: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294F Determination of actual capital value of development
[Repealed]Section 294F: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294FA Amendment of development levy when development completed
[Repealed]Section 294FA: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294G Calculation of reserves contributions and development levy when development completed
[Repealed]Section 294G: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294H Application of development levies fixed by council
[Repealed]Section 294H: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
294I Owner to contribute to certain regional works
[Repealed]Section 294I: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Provision for parking[Repealed]
Heading: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
295 Provision for parking
[Repealed]Section 295: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
General provisions[Repealed]
Heading: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
296 Variation or revocation of scheme plan or conditions imposed
[Repealed]Section 296: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
297 Refund of money if scheme plan revoked or lapses
[Repealed]Section 297: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
297A Refund of money and return of land where development does not proceed
[Repealed]Section 297A: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
298 Valuation of land or of work done
[Repealed]Section 298: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
299 Objection to decision relating to developments
[Repealed]Section 299: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
300 Appeals to Planning Tribunal
[Repealed]Section 300: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
301 Appeal against determination of valuer
[Repealed]Section 301: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
302 Work may begin pending decision on objection or appeal
[Repealed]Section 302: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
303 Completion certificate
[Repealed]Section 303: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
304 Bonds
[Repealed]Section 304: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
305 Survey plan may be submitted to council for approval
[Repealed]Section 305: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
306 Survey plan to be deposited
[Repealed]Section 306: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
306A Vesting of land in council in respect of a development
[Repealed]Section 306A: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
307 Agreement to sell land or building before deposit of plan
[Repealed]Section 307: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
308 Plan approved subject to amalgamation or transfer of allotments
[Repealed]Section 308: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
309 Plan approved subject to grant or reservation of easements
[Repealed]Section 309: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
310 Contravention not to affect title to land
[Repealed]Section 310: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
311 Offences
[Repealed]Section 311: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
312 Savings as to previous approvals
[Repealed]Section 312: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
313 Code of urban subdivision
[Repealed]Section 313: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
314 Registration of company leases and cross leases
[Repealed]Section 314: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Part 21 Roads (other than regional roads), service lanes, and access ways
Part 21: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
315 Interpretation
(1)
In this Part, 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 1 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
council means a territorial authority; and, in relation to land that does not form part of any district, means the Minister of Local Government
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
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, by the owner thereof, but intended for the use of the public generally
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 exists within any district
road means the whole of any land which is within a district, and which—
(a)
immediately before the commencement of this Part 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; 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, any access way or service lane which before the commencement of this Part 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 or is declared by the Minister of Lands as an access way or service lane on or after 1 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
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 1 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
survey plan has the same meaning as in the Resource Management Act 1991.
(2)
[Repealed](3)
Nothing in this Part 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.
Compare: 1948 No 39 s 2; 1954 No 76 s 169(1)(a)–(e), (2), (5), (7); 1956 No 64 s 191(a)–(e), (g)–(k); 1972 No 132 s 2; 1975 No 8 s 2(1)
Section 315: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 315(1) access way: amended, on 1 April 1988, by section 15(a) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) council: amended, on 1 April 1988, by section 15(b) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) council: amended, on 14 January 1983, by section 28(1) of the Local Government Amendment Act (No 2) 1982 (1982 No 166).
Section 315(1) district: amended, on 1 April 1988, by section 15(c) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) private road: amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 315(1) regional council: repealed, on 1 July 1992, by section 34 of the Local Government Amendment Act 1992 (1992 No 42).
Section 315(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 315(1) road: amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 315(1) road paragraph (f): amended, on 1 April 1988, by section 15(d) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) road paragraph (f): amended, on 12 December 1979, by section 7(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 315(1) scheme plan: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 315(1) service lane: amended, on 1 April 1988, by section 15(e) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) survey plan: replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 315(2): repealed, on 1 April 1980 by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).
316 Property in roads
(1)
Subject to section 318, 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) 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
Section 316: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 316(2): replaced, on 7 July 2004, by section 4 of the 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).
Section 316(3): replaced, on 7 July 2004, by section 4 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 316(4)(c): amended, on 23 July 1988, by section 11(2) of the Local Government Amendment Act (No 3) 1988 (1988 No 109).
317 Control of roads
(1)
Subject to section 318, 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 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
Section 317: inserted, on 1 April 1979, by section 2 of the 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).
Section 317(1) proviso paragraph (a): amended, on 1 October 1989, by section 116(4) of the Government Roading Powers Act 1989 (1989 No 75).
Section 317(1) proviso paragraph (b): amended, on 1 April 1988, by section 16 of the Local Government Amendment Act 1988 (1988 No 71).
Section 317(1) proviso paragraph (c): repealed, on 1 July 1992, by section 35 of the Local Government Amendment Act 1992 (1992 No 42).
Section 317(1)(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 317(2)(b): repealed, on 1 July 1992, by section 35 of the Local Government Amendment Act 1992 (1992 No 42).
318 Control and maintenance of boundary roads
[Repealed]Section 318: repealed, on 22 October 2019, by section 43 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
318A Transfer of responsibilities between regional councils and territorial authorities
(1)
A regional council may transfer 1 or more of its responsibilities under this Part to a territorial authority under section 17 of the Local Government Act 2002.
(2)
A territorial authority may transfer 1 or more of its responsibilities under this Part to a regional council under section 17 of the Local Government Act 2002.
(3)
In this section, responsibility means any responsibility, duty, or legal obligation under this Act and includes—
(a)
a responsibility that has previously been transferred under section 17 of the Local Government Act 2002; and
(b)
any powers associated with the responsibility, duty, or legal obligation.
Section 318A: inserted, on 22 October 2019, by section 42 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
Formation, alteration, stopping, and closing of roads
Heading: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
319 General powers of councils in respect of roads
(1)
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:
(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.
(2)
Before exercising a power under this section to do anything that will or is likely to interfere with any pipe, line, or other work associated with wastewater, stormwater, or the supply of water, electricity, gas, or telecommunications, the council must give not less than 10 working days’ notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.
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
Section 319: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 319(1)(a): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 319(1)(b): repealed, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 319(1)(e): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 319(1)(e): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 319(2): inserted, on 6 August 2010, by section 27 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
Section 319(2): amended, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
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: replaced, on 7 July 2004, by section 5 of the 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).
Section 319B: inserted, on 30 March 1985, by section 29 of the Local Government Amendment Act 1985 (1985 No 60).
320 Powers relating to roads
[Repealed]Section 320: repealed, on 7 July 2004, by section 6 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
321 Road access
[Repealed]Section 321: repealed, on 1 August 2003, by section 98(1) of the Resource Management Amendment Act 2003 (2003 No 23).
321A Roading contributions as condition of approval of scheme plan
[Repealed]Section 321A: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
322 Land for road formation or widening
[Repealed]Section 322: repealed, on 1 October 1991, by section 362 of the 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 was immediately before the commencement of this Part 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) 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
Section 323: inserted, on 1 April 1979, by section 2 of the 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
Section 324: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 324(1): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 324(2): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
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).
(2)
The council shall, before exercising in respect of any roadway, any of the powers conferred on it by subsection (1), 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) 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) as if a notice under an enactment had been issued to the owners.
Section 324A: inserted, on 6 June 1989, by section 31 of the 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]Section 235: expired, on 1 January 1993, by section 325(3).
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) shall be made within 1 year from the execution of the work out of which it arose, and shall be made in form 1 in Schedule 12. 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 1 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, 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
Section 326: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 326(1): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 326(1)(b): amended, on 19 January 1981, by section 38 of the Local Government Amendment Act 1980 (1980 No 82).
Section 326(1)(c): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 326(1)(c): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 326(3): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 326(5)(a): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 326(5)(b): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 326(6): repealed, on 1 July 1998, by section 10(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 326(10): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 326(11): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
327 Building-line restrictions
[Repealed]Section 327: repealed, on 1 October 1991, by section 362 of the 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 Registrar-General of Land or Registrar of Deeds, as the case may require, who shall amend his or her records accordingly.
Section 327A: inserted, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 327A: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
328 Building-line restrictions provided in district scheme
[Repealed]Section 328: repealed, on 1 October 1991, by section 362 of the 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 scheme 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)
1 metre in 8 metres, in any case where that grade is not fixed by any such district scheme 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
Section 329: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 329(1)(b): amended, on 7 July 2004, by section 7(1) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 329(1)(c): amended, on 7 July 2004, by section 7(2) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
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:
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: 1928 No 21 s 123; 1954 No 76 ss 170(4)(g), 193–198; 1956 No 64 ss 191A(5)(g), 200–205; 1972 No 132 s 2
Section 330: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 330(6): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
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.
(3)
However, the Director of Land Transport (appointed under section 104A of the Land Transport Management Act 2003) may exempt or partially exempt any road or part of a road from the requirement in subsection (2) if the Director considers it is reasonable to do so in the circumstances.
Compare: 1954 No 76 s 178; 1956 No 64 s 198(1), (3); 1972 No 132 s 3; 1975 No 122 s 24
Section 331: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 331(1): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 331(1): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 331(2) proviso: repealed, on 1 April 2021, by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
Section 331(3): inserted, on 1 April 2021, by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
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 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
Section 332: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 332(1): amended, on 1 April 1980, by section 8(1) of the Local Government Amendment Act 1979 (1979 No 59).
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
Section 333: inserted, on 1 April 1979, by section 2 of the 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) 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
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), 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:
(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:
(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.
Section 334A: inserted, on 7 October 1994, by section 89(1) of the 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 the 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
Section 335: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 335(1): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 335(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 335(9): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
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
(b)
does not take effect until—
(i)
the time for appealing under subsection (3) has expired; and
(ii)
any appeals have been determined under subsection (4).
(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)
When the special consultative procedure is used for the purposes of subsection (1), the council must, in addition to the matters referred to in section 83(1)(b)(i) to (iii) of the Local Government Act 2002, ensure that an explanation of the right of appeal under subsection (3) is publicly available.
(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.
Section 336: replaced, on 7 July 2004, by section 9 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 336(4): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 336(6): replaced, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 336(9): replaced, on 21 March 2019, by section 12 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).
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
Section 337: inserted, on 1 April 1979, by section 2 of the 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, 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
Section 338: inserted, on 1 April 1979, by section 2 of the 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).
Section 338(1): amended, on 7 July 2004, by section 10 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
339 Transport shelters
(1)
The council may erect on the footpath of any road a shelter for use by intending public-transport passengers or small passenger service vehicle 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), 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), 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 1, 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
Section 339: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 339(1): amended, on 1 October 2017, by section 110(3) of the Land Transport Amendment Act 2017 (2017 No 34).
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 1 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 shall continue in force after the commencement of this Part as if it had been granted under this section.
Compare: 1928 No 21 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)
Section 340: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 340(1): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 340(1): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
341 Leases of airspace or subsoil of roads
(1)
Subject to section 357(2), 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) 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
Section 341: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 341(1): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 341(1) first proviso: replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 341(2): amended, on 1 July 2003, pursuant to section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).
Section 341(2): amended, on 1 July 2003, pursuant to section 143(1)(c) of the Local Government (Rating) Act 2002 (2002 No 6).
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: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
342 Stopping and closing of roads
(1)
The council may, in the manner provided in Schedule 10,—
(a)
stop any road or part thereof in the district:
provided that the 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
Section 342: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 342(1)(a) proviso: amended, on 26 March 2015, by section 4 of the Local Government Act 1974 Amendment Act 2015 (2015 No 20).
Section 342(1)(b): replaced, on 14 August 1986, by section 9(1) of the Local Government Amendment Act (No 3) 1986 (1986 No 50).
Section 342(2): repealed, on 14 August 1986, by section 9(2) of the 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]Section 343: repealed, on 14 December 1984, by section 4(1) of the 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), 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), 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, 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 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 as if it were a notice issued under subsection (7).
Compare: 1928 No 12 ss 141–146; 1935 No 27 s 11; 1948 No 39 s 31(2)
Section 344: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 344(7): replaced, on 1 April 1988, by section 17(1) of the Local Government Amendment Act 1988 (1988 No 71).
Section 344(9): amended, on 1 April 1980, by section 10(4) of the Local Government Amendment Act 1979 (1979 No 59).
Section 344(10): amended, on 1 April 1988, by section 17(2) of the Local Government Amendment Act 1988 (1988 No 71).
345 Disposal of land not required for road
(1)
Subject to subsection (3), 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 common marine and coastal area within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011.
(2)
If the council pursuant to subsection (1)(a)(i) sells the land to the owner or owners of any adjoining land, it may require, despite the provisions of any other enactment, the amalgamation of that land with the adjoining land under 1 record of title. The Registrar-General of Land may, if he or she thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a record of title under this section, and may issue a record of title qualified as described in section 17(1)(a) of the Land Transfer Act 2017.
(2A)
Where the council acting under subsection (2) requires the amalgamation of the land sold with the adjoining land under 1 record of title—
(a)
the separate parcels of land included in the 1 record of title by virtue of that requirement shall not be capable of being disposed of individually or of again being held under separate records 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 record of title to the land referred to in subsection (2A), the Registrar-General of Land shall enter on the record 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 that Act—
(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) 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 record of title for land which has become vested in the council as an esplanade reserve under subsection (3), the Registrar-General of Land 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
Section 345: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 345(1)(a): amended, on 7 July 2004, by section 11 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 345(1A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
Section 345(2): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 345(2A): inserted, on 14 January 1983, by section 22 of the Local Government Amendment Act (No 2) 1982 (1982 No 166).
Section 345(2A): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 345(2A)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 345(2B): inserted, on 14 January 1983, by section 22 of the Local Government Amendment Act (No 2) 1982 (1982 No 166).
Section 345(2B): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 345(3): replaced, on 7 July 1993, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 345(3): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 345(4): replaced, on 7 July 1993, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 345(4): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 345(5): replaced, on 7 July 1993, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 345(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 345(6): repealed, on 7 July 1993, by section 362 of the Resource Management Act 1991 (1991 No 69).
Limited access roads
Heading: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
346 Interpretation
In sections 346A to 346J, unless the context otherwise requires,—
limited access road means any road declared to be a limited access road under section 346A or the corresponding provisions of any former enactment
road does not include an access way or a service lane.
Section 346: inserted, on 1 April 1979, by section 2 of the 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
Section 346A: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 346A(1): amended, on 7 July 2004, by section 12 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 346A(2): amended, on 7 July 2004, by section 12 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
346B Provisions of Acts relating to roads to apply to limited access roads
Subject to sections 346C to 346J, 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
Section 346B: inserted, on 1 April 1979, by section 2 of the 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 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:
(v)
the title references to every parcel of land to which subparagraph (iii) or subparagraph (iv) applies:
(b)
every such declaration shall indicate where the plan is held and may be inspected:
(c)
the council shall forward to the Registrar-General of Land a certificate authenticated by the council (together with a copy of the plan and of any resolution under section 346D(3)), 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 Registrar-General of Land 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
Section 346C: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 346C(c): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 346C(c): amended, on 12 December 1979, by section 7(1) of the Local Government Amendment Act 1979 (1979 No 59).
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 1 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.
(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 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)
2 or more adjoining parcels of land, while remaining in 1 ownership; and
(b)
all parcels of land included in 1 unit title plan deposited in accordance with the Unit Titles Act 2010—
to be a single parcel of land for the purposes of this section and of section 346E.
Compare: 1954 No 76 s 170B(4); 1970 No 89 s 4
Section 346D: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 346D(2): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 346D(3)(b): amended, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).
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
Section 346E: inserted, on 1 April 1979, by section 2 of the 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.
Compare: 1954 No 76 s 170B(5); 1970 No 89 s 4
Section 346F: inserted, on 1 April 1979, by section 2 of the 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 Registrar-General of Land.
(2)
Any person aggrieved at—
(a)
the refusal of the council to issue a notice to the Registrar-General of Land under subsection (1); or
(b)
any condition subject to which any such notice is issued—
may object in writing to the Environment Court within 1 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
Section 346G: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 346G(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 346G(2): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 346G(2): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 346G(2): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 346G(2)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 346G(3): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 346G(3): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 346G(3): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
346H Certificate of land affected to be forwarded to Registrar-General of Land
(1)
Where any road is declared to be a limited access road under section 346A, the council shall forward to the Registrar-General of Land 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 Registrar-General of Land 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 Registrar-General of Land 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 Registrar-General of Land 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
Section 346H: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 346H(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 346H(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
346I Compensation
Where the exercise of any power given by any provision of sections 346A to 346H 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 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.
Compare: 1954 No 76 s 170B(10); 1970 No 89 s 4
Section 346I: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 346I: amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 346I(b): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
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; 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.
Compare: 1954 No 76 s 170B(8); 1970 No 89 s 4
Section 346J: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Private roads and private ways
Heading: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
347 Grades and formation of private roads
Subject to the Resource Management Act 1991, the provisions of this Part 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.
Compare: 1954 No 76 s 179
Section 347: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 347 heading: amended, on 1 October 1991, pursuant to section 362 of the Resource Management Act 1991 (1991 No 69).
Section 347: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 347: amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
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, 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 51 of the Land Transfer Act 2017, 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) 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 1 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) 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.
Compare: 1954 No 76 ss 180, 184; 1956 No 64 ss 198A, 198E; 1961 No 131 s 40; 1964 No 119 s 14; 1968 No 123 s 16; 1968 No 124 s 16
Section 348: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 348(1): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 348(2)(b)(i): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 348(3): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 348(6): inserted, on 1 August 2003, by section 98(2) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 348(6): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
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 2 November 1878, but before 1 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.
Compare: 1954 No 76 s 185
Section 349: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 349(1): amended, on 7 July 2004, by section 13(1) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 349(2): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 349(3): repealed, on 7 July 2004, by section 13(2) of the 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 on conviction 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.
Compare: 1954 No 76 s 181; 1956 No 64 s 198B; 1961 No 131 s 40
Section 350: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 350: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 350: amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
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 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 2017.
Compare: 1954 No 76 s 182; 1956 No 64 s 198C; 1961 No 131 s 40
Section 351: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 351: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
352 Conditions to be noted on title by Registrar-General of Land
The Registrar-General of Land shall enter upon the record of title, memorandum of lease, or other proper instrument a note of all conditions imposed under section 348 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 2017.
Compare: 1954 No 76 s 183; 1956 No 64 s 198D; 1961 No 131 s 40
Section 352: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 352 heading: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 352: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Safety provisions as to roads
Heading: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
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.
Compare: 1954 No 76 ss 173, 201, 202; 1956 No 64 ss 194, 208, 209
Section 353: inserted, on 1 April 1979, by section 2 of the 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 2004), 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), 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), the council shall send a copy of the resolution, authenticated by the council, to the Registrar-General of Land, 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.
Compare: 1954 No 76 ss 203, 203A; 1959 No 91 s 17; 1972 No 131 s 12(1)
Section 354: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 354(1): amended, on 31 March 2005, pursuant to section 415(1) of the Building Act 2004 (2004 No 72).
Section 354(1): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 354(3): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
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 the 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 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 is liable on conviction 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 the 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) 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) and had not been set aside by the 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.
Compare: 1928 No 12 ss 169, 170, 171, 172A; 1948 No 39 s 32; 1954 No 76 s 204; 1956 No 39 s 4; 1956 No 64 s 210
Section 355: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 355(1): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 355(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 355(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 355(7): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 355(9): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
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 constable has been notified of the proposal to move it:
(c)
the council shall make reasonable efforts to give notice to the person last registered under Part 17 of the Land Transport Act 1998 in respect 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), 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) 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) 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), 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) 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 person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle 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 person currently registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle 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), 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.
Section 356: replaced, on 1 April 1993, by section 2(1) of the Local Government Amendment Act (No 3) 1992 (1992 No 113).
Section 356(2)(a): amended, on 28 June 2006, by section 4(1) of the Local Government Act 1974 Amendment Act 2006 (2006 No 27).
Section 356(2)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 356(2)(b): amended, on 28 June 2006, by section 4(2) of the Local Government Act 1974 Amendment Act 2006 (2006 No 27).
Section 356(2)(c): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 356(2)(h): amended, on 28 June 2006, by section 4(3) of the Local Government Act 1974 Amendment Act 2006 (2006 No 27).
Section 356(3)(a): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 356(3)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
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 person last registered under Part 17 of the Land Transport Act 1998 in respect 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 constable 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 person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle 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.
Section 356A: inserted, on 28 June 2006, by section 5 of the Local Government Act 1974 Amendment Act 2006 (2006 No 27).
Section 356A(2)(b)(ii): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 356A(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 356A(7)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
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.
Section 356B: inserted, on 28 June 2006, by section 5 of the 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 on conviction 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.
(1A)
Proceedings for an offence against subsection (1) must be commenced on the authority of the council, or by an officer of the council.
(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.
Compare: 1928 No 12 s 168; 1954 No 76 s 199; 1956 No 64 s 206; 1968 No 123 s 18; 1968 No 124 s 18
Section 357: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 357(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 357(1): amended, on 25 July 1995, by section 5(a) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
Section 357(1): amended, on 25 July 1995, by section 5(b) of the Local Government Amendment Act (No 2) 1995 (1995 No 40).
Section 357(1) proviso: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 357(1A): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 357(2): replaced, on 1 April 1988, by section 18 of the Local Government Amendment Act 1988 (1988 No 71).
Contracts and leases relating to ferries
Heading: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
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.
Compare: 1928 No 12 s 128; 1956 No 64 s 212
Section 357A: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Privately constructed bridges and ferries
Heading: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
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.
Compare: 1956 No 64 s 220
Section 358: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
359 Regulations for maintenance and use of privately constructed bridges and ferries
(1)
Without limiting the general power to make regulations conferred by section 723, regulations may be made under that section applying generally to bridges or ferries constructed or established under section 358 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.
(2)
Regulations made for the purpose of this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1956 No 64 s 221
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 359: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 359(1): amended, on 1 April 1980, by section 8(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 359(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
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, or authorise the council to make bylaws for all or any of the matters specified in section 359.
Compare: 1956 No 64 s 222
Section 360: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Tolls at bridges, tunnels, and ferries
Heading: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
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) 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 of that Act, and sections 213 to 218 of the Counties Act 1956 and Schedule 4 of that Act, every toll gate established before the date of the commencement of this Part 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.
Compare: 1928 No 12 ss 179–198; 1954 No 76 ss 206–211; 1956 No 64 ss 213–218; 1972 No 96 s 3(1); 1972 No 131 s 12(1); 1972 No 132 s 23; 1973 No 44 s 3(2)
Section 361: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 361(1)(a): amended, on 7 July 2004, by section 14 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Part 22 Regional roads
[Repealed]Part 22: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
362 Interpretation
[Repealed]Section 362: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
363 Power to declare regional roads
[Repealed]Section 363: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
364 Constituent authority may request council to declare regional road
[Repealed]Section 364: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
365 Objections to proposed regional roads
[Repealed]Section 365: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
366 Powers of council in relation to regional roads
[Repealed]Section 366: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
367 Objections to intention to commence formation, or upgrading of regional road
[Repealed]Section 367: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
368 Power to delegate
[Repealed]Section 368: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
369 Revocation of a regional road
[Repealed]Section 369: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
370 Appeals
[Repealed]Section 370: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
371 Limited access regional roads
[Repealed]Section 371: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
372 Bylaws
[Repealed]Section 372: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
373 Road improvement land
[Repealed]Section 373: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
373A Subsidies under National Roads Act
[Repealed]Section 373A: repealed, on 1 October 1989, by section 116(1) of the Government Roading Powers Act 1989 (1989 No 75).
374 Regional motorways
[Repealed]Section 374: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992 (1992 No 42).
Part 23 Water supply by territorial authorities
[Repealed]Part 23: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
375 This Part to be subject to Resource Management Act 1991 and Health Act 1956
[Repealed]Section 375: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
376 Interpretation and application
[Repealed]Section 376: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
377 Constitution of water supply areas
[Repealed]Section 377: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Powers of council in regard to waterworks[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
378 Control of source of water supply
[Repealed]Section 378: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
379 Council may construct or purchase waterworks
[Repealed]Section 379: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
380 Special provisions as to waterworks beyond the district
[Repealed]Section 380: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Supply of water[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
381 Council may contract for water supply
[Repealed]Section 381: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
382 Persons supplied with water to prevent waste
[Repealed]Section 382: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
383 Notice of removal of water pipes to be given to council
[Repealed]Section 383: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
384 Advances to property owners for water connections
[Repealed]Section 384: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Supply to persons outside district[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
385 Supply of water outside district
[Repealed]Section 385: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
386 Discontinuance of supply of water outside district
[Repealed]Section 386: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
387 Charge for water to residents of area added to district in certain cases
[Repealed]Section 387: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Use of water for motive power[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
388 Council may use water from waterworks for motive power
[Repealed]Section 388: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
389 Surplus water may be sold for motive power
[Repealed]Section 389: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
390 Discontinuance of supply of water for motive power
[Repealed]Section 390: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Protection of water and waterworks[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
391 Drawing off water from waterworks
[Repealed]Section 391: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
392 Pollution of water supply
[Repealed]Section 392: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
393 Factories, etc, may be examined
[Repealed]Section 393: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
394 Diversion of water from waterworks in case of flood
[Repealed]Section 394: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
395 Offences with respect to waterworks
[Repealed]Section 395: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
396 Offences with respect to water meters
[Repealed]Section 396: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
397 Council may stop supply of water in certain cases
[Repealed]Section 397: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 24 Regional water supply
[Repealed]Part 24: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
398 This Part to be read subject to Resource Management Act 1991 and Health Act 1956
[Repealed]Section 398: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
399 Interpretation
[Repealed]Section 399: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
400 Council may supply water to constituent authorities
[Repealed]Section 400: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
401 Council may construct or purchase waterworks
[Repealed]Section 401: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
402 Local authorities and other bodies to be notified of work
[Repealed]Section 402: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
403 Use of water for motive power
[Repealed]Section 403: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
404 Surplus water may be sold for motive power
[Repealed]Section 404: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
405 Discontinuance of supply of water for motive power
[Repealed]Section 405: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
406 Council may contract for water supply
[Repealed]Section 406: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
407 Drawing off water from waterworks
[Repealed]Section 407: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
408 Offences with respect to water supply
[Repealed]Section 408: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
409 Pollution of water supply
[Repealed]Section 409: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
410 Factories, etc, may be examined
[Repealed]Section 410: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
411 Diversion of water from waterworks in case of flood
[Repealed]Section 411: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
412 Allocation of supply of water to constituent authorities
[Repealed]Section 412: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
413 Appeals relating to supply of water
[Repealed]Section 413: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
414 Council may operate constituent authority’s waterworks
[Repealed]Section 414: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
415 Supply of water to consumers outside the region
[Repealed]Section 415: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
416 Supply of water to territorial authority
[Repealed]Section 416: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
417 Discontinuance of supply of water outside region
[Repealed]Section 417: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
418 Charges for water supplied to constituent authority
[Repealed]Section 418: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
419 Surcharges for exceeding allocations
[Repealed]Section 419: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
420 Payment of charges and surcharges
[Repealed]Section 420: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992 (1992 No 42).
Part 25 Water races
[Repealed]Part 25: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
420A Application of Part 25
[Repealed]Section 420A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
421 This Part to be subject to Resource Management Act 1991
[Repealed]Section 421: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
422 Interpretation
[Repealed]Section 422: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Water race areas[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
423 Constitution, alteration, and union of water race areas
[Repealed]Section 423: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
424 Subdivision of water race areas
[Repealed]Section 424: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
425 Water race map
[Repealed]Section 425: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Powers of council as to water races[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
426 General powers of council as to water races
[Repealed]Section 426: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
427 Discontinuance of water race
[Repealed]Section 427: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
428 Council may sell disused water race
[Repealed]Section 428: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
429 Water channel may be declared a water race
[Repealed]Section 429: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
430 Council may stop supply of water in certain cases
[Repealed]Section 430: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
431 Compensation
[Repealed]Section 431: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
432 Appointment of managing ratepayers
[Repealed]Section 432: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Water races outside district[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
433 Exercise of powers outside district
[Repealed]Section 433: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
434 Supply of water outside district
[Repealed]Section 434: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
435 Discontinuance of supply of water outside district
[Repealed]Section 435: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Provisions for the protection of water races[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
436 Drawing off water from streams supplying water race
[Repealed]Section 436: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
437 Offences with respect to water races
[Repealed]Section 437: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
438 Pollution of water races
[Repealed]Section 438: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Bylaws[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
439 Bylaws as to water races
[Repealed]Section 439: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 26 Sewerage and stormwater drainage by territorial authorities
Part 26: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
440 This Part to be subject to Resource Management Act 1991
[Repealed]Section 440: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
441 Interpretation and application
[Repealed]Section 441: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Powers of council in respect of sewerage and stormwater drainage
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
442 Council may make provision for drainage of district
[Repealed]Section 442: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
443 Constitution of urban drainage areas
[Repealed]Section 443: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
444 Drainage map
[Repealed]Section 444: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
445 Council may construct drains
[Repealed]Section 445: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
446 Council may cover in watercourse so as to make it a public drain
(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) 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
(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 the 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).
(7A)
The application must be made to—
(a)
the District Court, unless paragraph (b) applies:
(b)
the Maori Land Court, if the application relates only to Maori land (as defined by section 4 of Te Ture Whenua Maori Act 1993).
(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.
(8A)
The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (7A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.
(8B)
The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.
(8C)
Any appeal from an order made under subsection (8) must be made to the High Court (even for an order of the Maori Land Court).
(9)
Despite subsections (5) to (8C), 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.
Compare: 1954 No 76 s 219; 1956 No 64 s 246
Section 446: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 446(5): replaced, on 7 July 2004, by section 15 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 446(6): replaced, on 7 July 2004, by section 15 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 446(7): replaced, on 7 July 2004, by section 15 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 446(7): amended, on 6 February 2021, by section 97(1) of the Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).
Section 446(7): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 446(7A): inserted, on 6 February 2021, by section 97(2) of the Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).
Section 446(8): replaced, on 7 July 2004, by section 15 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 446(8A): inserted, on 6 February 2021, by section 97(3) of the Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).
Section 446(8B): inserted, on 6 February 2021, by section 97(3) of the Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).
Section 446(8C): inserted, on 6 February 2021, by section 97(3) of the Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).
Section 446(9): replaced, on 7 July 2004, by section 15 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 446(9): amended, on 6 February 2021, by section 97(4) of the Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).
Section 446(9): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
447 Betterment contributions where watercourse covered in
(1)
Where the council incurs any expenditure in enclosing and covering in any watercourse under the powers conferred by section 446, 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 (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.
Compare: 1954 No 76 s 219A; 1959 No 91 s 18(1); 1968 No 123 s 17(2)(b)
Section 447: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
448 Stormwater may be led into watercourses
[Repealed]Section 448: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
449 Channels for stormwater
[Repealed]Section 449: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
450 Council may make dams, etc, in watercourses
[Repealed]Section 450: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
451 Diversion, etc, of drainage works
(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.
Section 451: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
452 Council may treat and deal with sewage
[Repealed]Section 452: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Powers of council as to drainage outside district[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
453 Council may construct drainage works outside district
[Repealed]Section 453: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
454 Construction and repair of drainage works outside district
[Repealed]Section 454: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
455 Council may agree to use drainage works under control of other local authority
[Repealed]Section 455: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
456 Council may drain areas outside district
[Repealed]Section 456: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
457 Discontinuance of drainage outside district
[Repealed]Section 457: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
458 Rate for drainage in areas added to district
[Repealed]Section 458: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Private drains
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
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) and to subsection (7), 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), 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) may also be exercised with respect to private drains provided, constructed, and laid under subsection (2), 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% 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.
Compare: 1954 No 76 s 224; 1956 No 64 s 251; 1972 No 131 s 12(1); 1972 No 132 s 23; 1976 No 57 s 7(2); 1976 No 58 s 6(2)
Section 459: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 459(6): amended, on 10 September 1999, by section 5 of the Local Government Amendment Act (No 4) 1999 (1999 No 108).
Section 459(7): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
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 1 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), 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 shall apply with respect to the amount so recoverable as if it were an advance made by the council under section 463.
(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.
Compare: 1954 No 76 s 226; 1956 No 64 s 253
Section 460: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 460(4): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
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 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 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 Registrar-General of Land requires, shall be registered by the Registrar-General of Land 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) the cost of any repairs to the drain, against the titles to the lands through which the drain passes.
(2)
The Registrar-General of Land, 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 record of title,—
(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).
(3)
If any question arises as to the liability of any owner or occupier under any provision of subsection (1), the District Court shall have jurisdiction to hear and determine the question, and the decision of the court shall be final.
Compare: 1954 No 76 s 227; 1956 No 64 s 254
Section 461: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 461(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 461(1): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 461(1): amended, on 19 January 1981, by section 39 of the Local Government Amendment Act 1980 (1980 No 82).
Section 461(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 461(2): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 461(2)(a): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 461(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
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 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),—
(a)
the principal administrative officer shall send to the Registrar-General of Land an authenticated copy of the resolution under that subsection; and
(b)
the Registrar-General of Land must enter on the records of title for the land served by that drain a memorandum that the drain has become a public drain.
Compare: 1954 No 76 s 228; 1955 No 51 s 13(1); 1956 No 64 s 255
Section 462: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 462(3)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 462(3)(a): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 462(3)(b): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Money payable by owners and occupiers[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
463 Advances by council to owners in respect of cost of drainage connections
[Repealed]Section 463: repealed, on 1 July 2003, by section 266 of the 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]Section 464: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
465 Money payable to council in respect of drainage to be a charge on land
[Repealed]Section 465: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
466 Advances to property owners for clearing or covering in watercourses
[Repealed]Section 466: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Drain protection and protective works
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
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.
Compare: 1954 No 76 s 237; 1956 No 64 s 264
Section 467: inserted, on 1 April 1980, by section 2 of the 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 the 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 is liable on conviction 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) 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) and had not been set aside by the 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.
Compare: 1954 No 76 s 237A; 1959 No 91 s 20
Section 468: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 468(1): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Section 468(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 468(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 468(6): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 468(6): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
469 Council may construct protective works to prevent damage by flood
[Repealed]Section 469: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 27 Regional drainage
[Repealed]Part 27: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
470 This Part to be subject to Resource Management Act 1991
[Repealed]Section 470: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
471 Interpretation
[Repealed]Section 471: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
472 Council may undertake regional drainage in constituent district
[Repealed]Section 472: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
473 Council may undertake drainage in district of local authority
[Repealed]Section 473: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
474 General powers of council
[Repealed]Section 474: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
475 Regional drainage map
[Repealed]Section 475: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
476 Council may treat and deal with sewage
[Repealed]Section 476: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
477 Construction of drains on or under roads, etc
[Repealed]Section 477: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
478 Diversions, etc, of drain
[Repealed]Section 478: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
479 Watercourses
[Repealed]Section 479: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
480 Council may charge for regional drainage
[Repealed]Section 480: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
481 Instalments of charges for regional drainage
[Repealed]Section 481: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
482 Payment of charges
[Repealed]Section 482: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
483 Powers to permit constituent authorities to connect drains
[Repealed]Section 483: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
484 Connection of drains outside region
[Repealed]Section 484: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
485 Reticulation work
[Repealed]Section 485: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
486 Operation of drainage works
[Repealed]Section 486: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
Offences[Repealed]
Heading: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
487 Unlawful interference with drains
[Repealed]Section 487: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992 (1992 No 42).
Part 28 Trade wastes
[Repealed]Part 28: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
488 This Part to be subject to Resource Management Act 1991
[Repealed]Section 488: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
489 Interpretation
[Repealed]Section 489: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
490 Councils may undertake trade wastes disposal
[Repealed]Section 490: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
491 Powers of local authorities to make trade wastes bylaws
[Repealed]Section 491: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
492 Making of trade wastes bylaws
[Repealed]Section 492: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
493 Offences against trade wastes bylaws
[Repealed]Section 493: repealed, on 1 July 2003, by section 266 of the 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
[Repealed]Section 494: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
495 Appeal from assessment of charges
[Repealed]Section 495: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
496 Hearing and determination of appeal
[Repealed]Section 496: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
497 Trade wastes bylaws may be relaxed in certain cases
[Repealed]Section 497: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
498 Discharge of sewage into sewerage drain in accordance with bylaws not to constitute offence
[Repealed]Section 498: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
499 Right to discharge trade wastes into sewerage drains
[Repealed]Section 499: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
500 Agreements as to disposal of trade wastes
[Repealed]Section 500: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
501 Local authority may enter into agreements for disposal of sewage and trade wastes
[Repealed]Section 501: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Powers of local authority as to trade wastes disposal outside district[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
501A Local authority may construct trade wastes disposal works outside district
[Repealed]Section 501A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
501B Construction and repair of trade wastes disposal works outside district
[Repealed]Section 501B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
501C Local authority may agree to use trade wastes works under control of other local authority
[Repealed]Section 501C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
501D Local authority may deal with trade wastes from areas outside district
[Repealed]Section 501D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
501E Discontinuance of trade wastes system outside own district
[Repealed]Section 501E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 29 Land drainage and rivers clearance
Part 29: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
501F Application of Part 29
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: inserted, on 15 October 1999, by section 7 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
502 This Part to be subject to Resource Management Act 1991
Nothing in this Part shall derogate from the provisions of the Resource Management Act 1991.
Section 502: replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 502 heading: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 502: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
503 Interpretation
In this Part, 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 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 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; 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, or a drain as defined in section 441 or section 471
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), 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 off water from any land.
Section 503: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Land drainage areas
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
504 Declarations in relation to drainage areas
(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—
(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
(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).
Section 504: replaced, on 7 July 2004, by section 16 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
505 Procedure for demanding poll
(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.
Section 505: replaced, on 7 July 2004, by section 16 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
505A Poll on proposed declaration
(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.
Section 505A: inserted, on 7 July 2004, by section 16 of the 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.
Section 505B: inserted, on 7 July 2004, by section 16 of the 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
(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.
Section 505C: inserted, on 7 July 2004, by section 16 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
506 Subdivision of areas
The council may from time to time divide any drainage area in the district constituted under section 504 or section 505 into subdivisions, and may define the boundaries of any such subdivisions, and assign names thereto.
Compare: 1956 No 64 s 229
Section 506: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 506: amended, on 7 July 2004, by section 17 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Control of drainage channels and land drainage works
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
507 Existing drainage channels may be brought under this Part
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, as from a day to be named in the notice.
Compare: 1956 No 64 s 238(1)
Section 507: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
508 Repeal of special Act
From and after the day named in the special notice under section 507, 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.
Compare: 1956 No 64 s 238(2)
Section 508: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Powers of councils with respect to land drainage
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
509 Powers of council as to drainage channels and land drainage works
(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 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 shall apply with respect to the laying of drainage channels or land drainage works on private land pursuant to subsection (1).
Compare: 1928 No 21 s 265; 1956 No 64 s 230
Section 509: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
510 Inspection of private dams, etc
Subject to section 238, 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.
Compare: 1928 No 21 s 265(1)(l)
Section 510: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Removal of obstructions from drainage channels and watercourses
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
511 Removal of obstructions from drainage channel or watercourse
(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 the 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), 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) 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 any watercourse under the Timber Floating Act 1954.
Compare: 1908 No 96 s 62; 1913 No 31 s 7; 1956 No 7 s 9(1), (3)
Section 511: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 511(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 511(5A): inserted, on 15 October 1999, by section 8(1) of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 511(6): amended, on 15 October 1999, by section 8(2) of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
512 Power to require council to order removal of obstructions
(1)
In any case where the council might give any notice under section 511(1) 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 1 month after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to the 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.
Compare: 1908 No 96 s 63
Section 512: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 512(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
513 Order of court on application under section 511 or section 512
Where under section 511(2) or section 512(2) application is made to the 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,—
(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.
Compare: 1928 No 21 s 204
Section 513: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 513: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 513(a): replaced, on 15 October 1999, by section 9 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
514 Council may make advances to owners
(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 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 1 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 1 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.
Compare: 1908 No 96 s 63A; 1956 No 7 s 10
Section 514: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 514(2): replaced, on 15 October 1999, by section 10 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 514(3): amended, on 10 September 1999, by section 6 of the Local Government Amendment Act (No 4) 1999 (1999 No 108).
Section 514(4): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).
515 Removal of obstructions in watercourses outside the district
(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 1 500 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 1 500 metres.
(2)
Subsections (2) to (7) and (9)(b) of section 511 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).
Compare: 1928 No 21 s 205; 1972 No 96 s 3(1); 1973 No 44 s 13(3)
Section 515: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
General provisions
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
516 Exercise of powers on roads and public works not under control of council
Schedule 14 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.
Compare: 1956 No 64 s 233
Section 516: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
517 Bylaws for protection of land drainage works
Without limiting the powers of the council to make bylaws conferred by section 684, 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.
Compare: 1956 No 64 s 236
Section 517: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Part 29A Divestment of land drainage schemes and water race schemes
Part 29A: inserted, on 15 October 1999, by section 11 of the 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
Nothing in this Part derogates from the provisions of the Resource Management Act 1991 or the Soil Conservation and Rivers Control Act 1941.
Section 517A: replaced, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
517B Interpretation
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.
Section 517B: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517B scheme asset paragraph (e): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
517C Purposes of this Part
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
(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.
Section 517C: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
517D Obligation of local authority to facilitate purposes
(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.
Section 517D: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Transfer petitions and transfer proposals
Heading: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
517E Initiation of transfer
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.
Section 517E: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
517F Duty of local authority upon receipt of transfer petition and transfer proposal
(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 to the transfer proposal that accompanies any such transfer petition, as if the transfer proposal returned under subsection (3) had never been filed.
Section 517F: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
517G Signatures to transfer petition
(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 1 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 1 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 1 title but occupied by the same person or persons and used as a single property is deemed to be 1 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.
Section 517G: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
517H Proposer
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.
Section 517H: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
517I Contents of transfer proposal
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
(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.
Section 517I: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517I(i): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 517I(j): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 517I(k): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
517J Service of transfer proposal
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).
Section 517J: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
517K Right to object to transfer proposal
The following may, in accordance with this Part, object to a transfer proposal 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:
(b)
any other scheme user in relation to the scheme to which the transfer proposal relates:
(c)
any local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or that is otherwise likely to be affected by the transfer of that scheme (including the local authority that has control of that scheme).
Section 517K: replaced, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
517L Notice of right to object
Subject to section 517F(3), a local authority that receives a transfer petition and transfer proposal under section 517E must, as soon as practicable after receiving it, forward a notice that complies with section 517M to—
(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 entitled under section 517K(c) to object to the transfer proposal.
Section 517L: replaced, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
517M Contents of notice of right to object
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
(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.
Section 517M: inserted, on 15 October 1999, by section 11 of the 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.
Section 517N: inserted, on 15 October 1999, by section 11 of the 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.
Section 517O: inserted, on 15 October 1999, by section 11 of the 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.
Section 517P: inserted, on 15 October 1999, by section 11 of the 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.
Section 517Q: inserted, on 15 October 1999, by section 11 of the 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.
Section 517R: inserted, on 15 October 1999, by section 11 of the 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.
Section 517S: inserted, on 15 October 1999, by section 11 of the 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.
(4)
The determination of the Commission under subsections (2) and (3) is final.
Section 517T: inserted, on 15 October 1999, by section 11 of the 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.
Section 517U: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517U(e): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
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.
Section 517V: inserted, on 15 October 1999, by section 11 of the 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.
Section 517W: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Transfer plan
Heading: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
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.
Section 517X: inserted, on 15 October 1999, by section 11 of the 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.
Section 517Y: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Implementation of transfer plan
Heading: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
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.
Section 517Z: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517Z(1)(b): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 517Z(3): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
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.
Section 517ZA: inserted, on 15 October 1999, by section 11 of the 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.
Section 517ZB: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517ZB(1): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).
Section 517ZB(2): replaced, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).
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)
Section 517ZC: inserted, on 15 October 1999, by section 11 of the 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 with the Registrar-General of Land, together with such plans, if any, as the Registrar-General of Land requires.
(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 2017, 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 2017, 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 2017, 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 subpart 3 of Part 2 of the Land Transfer Act 2017 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 owner 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 transfer instrument to be registered under the Land Transfer Act 2017, 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)
Section 517ZD: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517ZD(2): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(3)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(3)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(6): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(7): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
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 with the Registrar-General of Land, who must register it 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 subpart 3 of Part 2 of the Land Transfer Act 2017 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 owner 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 transfer instrument registered under the Land Transfer Act 2017, 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
Section 517ZE: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517ZE(3)(d): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZE(6): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZE(7): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZE(8): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
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
Section 517ZF: inserted, on 15 October 1999, by section 11 of the 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 record 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)
Section 517ZG: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517ZG(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
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, nor to any subdivision required in respect of any such transfer.
Section 517ZH: replaced, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
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
Section 517ZI: inserted, on 15 October 1999, by section 11 of the 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).
Section 517ZJ: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517ZJ heading: amended, on 7 July 2004, by section 18(1) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 517ZJ(1)(a): amended, on 7 July 2004, by section 18(2) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 517ZJ(2): amended, on 7 July 2004, by section 18(3) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
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.
Section 517ZK: inserted, on 15 October 1999, by section 11 of the 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.
Section 517ZL: inserted, on 15 October 1999, by section 11 of the 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.
(2)
Part 29 applies to any drainage area constituted under subsection (1).
(3)
Part 25 applies to any water race area constituted under subsection (1).
(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.
Section 517ZM: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517ZM(1): amended, on 7 July 2004, by section 19 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Part 30 Supply of energy
[Repealed]Part 30: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
518 Interpretation
[Repealed]Section 518: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
Supply of energy by territorial authorities[Repealed]
Heading: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
519 Territorial authority may light roads, etc, with energy
[Repealed]Section 519: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
520 Supply of energy
[Repealed]Section 520: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
521 Gas reticulation
[Repealed]Section 521: repealed, on 1 February 1983, by section 71(2) of the Gas Act 1982 (1982 No 27).
522 Powers in respect of supply of energy
[Repealed]Section 522: repealed, on 1 April 1993, by section 173(2) of the Electricity Act 1992 (1992 No 122).
523 Territorial authority may contract with other persons for lighting of roads and for supply of energy
[Repealed]Section 523: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
524 Territorial authority may install, purchase, or sell fittings and equipment
[Repealed]Section 524: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
525 Supply of energy to persons outside the district
[Repealed]Section 525: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
526 Works for supply of energy to vest in territorial authority
[Repealed]Section 526: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
527 Consumer to supply fittings
[Repealed]Section 527: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
528 Offences with respect to meters
[Repealed]Section 528: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
529 Territorial authority to fix price of energy
[Repealed]Section 529: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
530 Territorial authority may cut off supply of energy
[Repealed]Section 530: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
531 Recovery of energy charges
[Repealed]Section 531: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
532 Electricity or gas company may sell works to territorial authority
[Repealed]Section 532: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
533 Grants and advances to owners and occupiers for energy related purposes
[Repealed]Section 533: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
534 When advance not to be a charge on land
[Repealed]Section 534: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
535 Savings of agreements
[Repealed]Section 535: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
Supply of energy by regional councils or united councils[Repealed]
Heading: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
536 Regional council or united council may undertake regional energy supply
[Repealed]Section 536: repealed, on 1 July 1992, by section 49 of the Local Government Amendment Act 1992 (1992 No 42).
536A Regional energy planning committee
[Repealed]Section 536A: repealed, on 1 July 1992, by section 49 of the Local Government Amendment Act 1992 (1992 No 42).
Agreements for supply of energy[Repealed]
Heading: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992 No 56).
536B Territorial authority, regional council, or united council may enter into arrangements with other bodies for the supply of energy
[Repealed]Section 536B: repealed, on 14 August 1986, by section 8(2)(c) of the 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).
Regional refuse collection and disposal[Repealed]
Heading: repealed, on 1 July 1992, by section 50 of the Local Government Amendment Act 1992 (1992 No 42).
545 Meaning of council
[Repealed]Section 545: repealed, on 1 July 1992, by section 50 of the Local Government Amendment Act 1992 (1992 No 42).
546 Council may operate refuse collection and disposal services
[Repealed]Section 546: repealed, on 1 July 1992, by section 50 of the Local Government Amendment Act 1992 (1992 No 42).
547 Powers of council in respect of refuse collection and disposal service
[Repealed]Section 547: repealed, on 1 July 1992, by section 50 of the Local Government Amendment Act 1992 (1992 No 42).
548 Use of regional refuse disposal works by local authorities outside region
[Repealed]Section 548: repealed, on 1 July 1992, by section 50 of the Local Government Amendment Act 1992 (1992 No 42).
Part 32 Land development for housing, commercial, and industrial purposes
[Repealed]Part 32: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
549 Interpretation
[Repealed]Section 549: repealed, on 1 July 2003, by section 266 of the 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: repealed, on 1 July 1992, by section 52(1) of the Local Government Amendment Act 1992 (1992 No 42).
Development of land for housing[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
550 Council may acquire land for housing
[Repealed]Section 550: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
551 Council may subdivide land
[Repealed]Section 551: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
552 Council may erect or purchase or convert houses
[Repealed]Section 552: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
553 Erection of flats and sale of flats
[Repealed]Section 553: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
554 Council may sell or lease houses and building sections
[Repealed]Section 554: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
555 Provisions as to leases
[Repealed]Section 555: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
556 Leasehold-purchase schemes
[Repealed]Section 556: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
557 Leases to employees of council may be by private contract
[Repealed]Section 557: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
558 Repayment of advances and purchase money
[Repealed]Section 558: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
559 Council may decline to sell or lease without giving reasons
[Repealed]Section 559: repealed, on 30 March 1985, by section 33 of the Local Government Amendment Act 1985 (1985 No 60).
560 Sale or lease of land for housing
[Repealed]Section 560: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
561 Council may sell or lease surplus land
[Repealed]Section 561: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
562 Accounting of proceeds of sale or lease of building allotments
[Repealed]Section 562: repealed, on 1 July 1998, by section 10(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).
Advances to financial institutions and guarantees of housing loans[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
563 Advances by council towards loans for housing purposes
[Repealed]Section 563: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
564 Guarantees by council of portions of mortgages granted for housing purposes
[Repealed]Section 564: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
565 Power of council to guarantee loans for erection of flats
[Repealed]Section 565: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
566 Council may guarantee certain replacement mortgages
[Repealed]Section 566: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
567 Provisions affecting mortgages
[Repealed]Section 567: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
568 Mortgages securing premium instead of interest
[Repealed]Section 568: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
569 Mortgages of leases
[Repealed]Section 569: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
570 Extending lending powers of financial institutions
[Repealed]Section 570: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
571 Insurance fund
[Repealed]Section 571: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Commercial and industrial development[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
572 Development, sale, or lease of land and buildings for commercial or industrial purposes
[Repealed]Section 572: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Miscellaneous provisions[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
573 Validity of documents and resolutions
[Repealed]Section 573: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
574 Borrowing powers of council
[Repealed]Section 574: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
575 Registration of agreements for sale
[Repealed]Section 575: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 33 Farming and afforestation
[Repealed]Part 33: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Farming[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
575A Interpretation
[Repealed]Section 575A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
575B Regional councils
[Repealed]Section 575B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
576 Power to undertake farming operations
[Repealed]Section 576: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Forestry[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
577 Power to establish, tend, and utilise forests
[Repealed]Section 577: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
578 Management plans
[Repealed]Section 578: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
579 Licences to take forest produce
[Repealed]Section 579: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
580 Permits for temporary occupation
[Repealed]Section 580: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
581 Licences for grazing and other purposes
[Repealed]Section 581: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
582 Improvements effected by licensee
[Repealed]Section 582: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
583 Forfeiture of licences and permits
[Repealed]Section 583: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
584 Grants for research
[Repealed]Section 584: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
585 Grants for destruction of pests or weeds
[Repealed]Section 585: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
586 Forest bylaws
[Repealed]Section 586: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 34 Public services
Part 34: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Conveyance of passengers and goods[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
586A Interpretation
[Repealed]Section 586A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
587 Territorial authority may establish services for conveyance of passengers and goods
[Repealed]Section 587: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
588 Territorial authority may establish ferry services
[Repealed]Section 588: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
589 Person carrying on transport or ferry service may sell undertaking to territorial authority
[Repealed]Section 589: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Vehicle-testing stations[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
590 Vehicle-testing stations
[Repealed]Section 590: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Parking places and buildings and transport stations
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
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 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, 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.
Compare: 1954 No 76 s 177(1)–(4), (8), (9); 1956 No 64 s 199(1)–(4), (8), (9)
Section 591: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 591(1) proviso: repealed, on 1 July 1992, by section 56 of the Local Government Amendment Act 1992 (1992 No 42).
591A Bylaws as to parking places and transport stations
[Repealed]Section 591A: repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
592 Territorial authority may guarantee loans for parking buildings or parking spaces
[Repealed]Section 592: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Information centres and public relations offices[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
593 Council may operate information centres and public relations offices
[Repealed]Section 593: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Public relations and public information[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
593A Power of regional council to engage in public relations and public information activities
[Repealed]Section 593A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Promotion of tourism[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
593B Tourism
[Repealed]Section 593B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Camping ground accommodation[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594 Council may operate camping grounds, cabins, huts, and motels
[Repealed]Section 594: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 34A Local authority trading enterprises and divestment of undertakings
[Repealed]Part 34A: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
594A Commencement
[Repealed]Section 594A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594B Definition of local authority trading enterprise
[Repealed]Section 594B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594C Transfer of existing undertaking to local authority trading enterprise where local authorities have majority interest
[Repealed]Section 594C: repealed, on 1 July 2003, by section 266 of the 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]Section 594D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594E Prohibition on transfer of regulatory functions
[Repealed]Section 594E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594F Reduction of interest in local authority trading enterprise
[Repealed]Section 594F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594G Listing on Stock Exchange only after special consultative procedures followed
[Repealed]Section 594G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594H Ability to hold equity securities in local authority trading enterprises
[Repealed]Section 594H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Establishment procedures[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594I Establishment units
[Repealed]Section 594I: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594J Function of establishment units
[Repealed]Section 594J: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594K Establishment plan
[Repealed]Section 594K: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594L Application of Local Government Official Information and Meetings Act 1987
[Repealed]Section 594L: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594M Establishment unit where more than 1 local authority involved
[Repealed]Section 594M: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594N Power of establishment unit in relation to divestment plan
[Repealed]Section 594N: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594O Power of local authority in relation to divestment of undertakings
[Repealed]Section 594O: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594P Effect of establishment unit determinations and recommendations
[Repealed]Section 594P: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Principal objective of local authority trading enterprise[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594Q Principal objective to be successful business
[Repealed]Section 594Q: repealed, on 1 July 2003, by section 266 of the 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]Section 594QA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594R Directors and their role
[Repealed]Section 594R: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Statement of corporate intent[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594S Statement of corporate intent
[Repealed]Section 594S: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594T Contents of statement of corporate intent
[Repealed]Section 594T: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594U Completion of statement of corporate intent
[Repealed]Section 594U: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594V Modifications of statement of corporate intent
[Repealed]Section 594V: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594W Obligation to make statement of corporate intent available
[Repealed]Section 594W: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594X Circumstances in which statement of corporate intent not required
[Repealed]Section 594X: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594Y Savings of certain transactions
[Repealed]Section 594Y: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594Z Reports and accounts
[Repealed]Section 594Z: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZA Protection from disclosure of sensitive information
[Repealed]Section 594ZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZB Public availability of documents
[Repealed]Section 594ZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZC Auditor-General to be auditor of local authority trading enterprises and subsidiaries
[Repealed]Section 594ZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZD Application of Act to related and associated companies
[Repealed]Section 594ZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Transfers of undertakings[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZE Transfer of leases, licences, etc, to local authority trading enterprises
[Repealed]Section 594ZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZF Modification of provisions of Public Works Act 1981
[Repealed]Section 594ZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZG Obligation to lodge caveat
[Repealed]Section 594ZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZH Exclusion of Public Bodies Leases Act 1969
[Repealed]Section 594ZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZI Liabilities in respect of undertakings
[Repealed]Section 594ZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZJ Certain matters not affected by transfer of undertaking to local authority trading enterprise
[Repealed]Section 594ZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZK Consequential provisions on transfer of undertaking to local authority trading enterprise
[Repealed]Section 594ZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZL Stamp duty exemption
[Repealed]Section 594ZL: repealed, on 20 May 1999, by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).
594ZM Application of Income Tax Act 1994 and Goods and Services Tax Act 1985
[Repealed]Section 594ZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZN Uses deemed to be permitted uses
[Repealed]Section 594ZN: repealed, on 7 July 1993, by section 362 of the Resource Management Act 1991 (1991 No 69).
594ZO Exclusion
[Repealed]Section 594ZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZP Prohibition on guarantees, etc
[Repealed]Section 594ZP: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
594ZPA Restriction on lending to local authority trading enterprise
[Repealed]Section 594ZPA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 34B Transport-related enterprises and divestment of undertakings
[Repealed]Part 34B: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZQ Interpretation
[Repealed]Section 594ZQ: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZR Local authority not to conduct passenger transport operation
[Repealed]Section 594ZR: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZS Directors of passenger transport companies, etc
[Repealed]Section 594ZS: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZT Passenger transport companies incorporated before commencement of this Part
[Repealed]Section 594ZT: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZU Regional council not to have interest in passenger transport undertaking or operation
[Repealed]Section 594ZU: repealed, on 13 November 2003, by section 90 of the 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]Section 594ZUA: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZV Divestment units
[Repealed]Section 594ZV: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZW Function of divestment units
[Repealed]Section 594ZW: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZX Divestment plan
[Repealed]Section 594ZX: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZY Sale to territorial authorities
[Repealed]Section 594ZY: repealed, on 1 July 1992, by section 5 of the Local Government Amendment Act (No 2) 1992 (1992 No 71).
594ZZ Application of Local Government Official Information and Meetings Act 1987
[Repealed]Section 594ZZ: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZA Determination and approval of regional council divestment plan
[Repealed]Section 594ZZA: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZB Passenger transport interests, undertakings, and operations to be sold
[Repealed]Section 594ZZB: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZC Duty to act in furtherance of objects of this Part
[Repealed]Section 594ZZC: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZD Regional council not to enter into contracts
[Repealed]Section 594ZZD: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZE Public availability of documents
[Repealed]Section 594ZZE: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZF Financial assistance from National Roads Account suspended
[Repealed]Section 594ZZF: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZG Financial assistance to be identified
[Repealed]Section 594ZZG: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZH Repayment of financial assistance
[Repealed]Section 594ZZH: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZI Control of local authority powers in relation to passenger transport operations
[Repealed]Section 594ZZI: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZJ Supply of information
[Repealed]Section 594ZZJ: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
594ZZK Uses deemed to be permitted uses
[Repealed]Section 594ZZK: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
Part 35 Public health and well-being
[Repealed]Part 35: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
595 General powers of territorial authority with respect to public health and well-being
[Repealed]Section 595: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
596 Particular powers of territorial authority with respect to public health and well-being
[Repealed]Section 596: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
597 Medical practitioners’ surgeries
[Repealed]Section 597: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 36 Recreation and community development
Part 36: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
597A Interpretation
[Repealed]Section 597A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
598 Council may promote community welfare
[Repealed]Section 598: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
599 Council may maintain public baths, swimming baths, and bath houses
[Repealed]Section 599: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
600 Public baths, swimming baths, and bath houses to be subject to bylaws
[Repealed]Section 600: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
601 Powers of council in relation to recreation and community development
[Repealed]Section 601: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
601A Powers of council in relation to historic land or buildings
[Repealed]Section 601A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
602 Information services
[Repealed]Section 602: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
603 Entertainments on Sunday, Good Friday, or Christmas Day
[Repealed]Section 603: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Community centres[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
604 Interpretation
[Repealed]Section 604: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
605 Council may provide or contribute towards establishment and maintenance of community centres
[Repealed]Section 605: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
606 Community centre areas
[Repealed]Section 606: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
607 Joint community centre area
[Repealed]Section 607: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
608 Control and management of community centre
[Repealed]Section 608: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
609 Finance
[Repealed]Section 609: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
610 Electors may petition for and participate in poll relating to uniform fee for community centre
[Repealed]Section 610: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
611 Charge on certain rateable property
[Repealed]Section 611: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
612 Fee or charge in respect of dwelling units owned by Crown
[Repealed]Section 612: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
613 Bylaws
[Repealed]Section 613: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
614 Community centre area a defined part of district
[Repealed]Section 614: repealed, on 1 July 1998, by section 10(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).
615 Powers conferred by other Acts not affected
[Repealed]Section 615: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Boat havens[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
616 Construction or maintenance of boat haven
[Repealed]Section 616: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Local and regional reserves[Repealed]
Heading: repealed, on 2 July 2008, pursuant to section 270 of the Local Government Act 2002 (2002 No 84).
617 Council may borrow for improvement of public reserves managed and controlled by it
[Repealed]Section 617: repealed, on 1 July 1998, by section 10(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).
618 Surplus money appropriated for any reserve may be expended on other reserves
[Repealed]Section 618: repealed, on 1 July 2003, by section 266 of the 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]Section 619A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
619B Auckland regional parks and reserves
[Repealed]Section 619B: repealed, on 1 July 2003, by section 266 of the 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[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
620 Council may expend money for tree planting
[Repealed]Section 620: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
621 Gardens and lawns
[Repealed]Section 621: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 37 Buildings
[Repealed]Part 37: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
622 Council defined
[Repealed]Section 622: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Dangerous, deserted and dilapidated buildings[Repealed]
Heading: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
623 Powers of council with respect to dangerous, deserted, ruinous, and dilapidated buildings
[Repealed]Section 623: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
624 Powers of council with respect to buildings likely to be dangerous in moderate earthquake
[Repealed]Section 624: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
625 Appeal to High Court
[Repealed]Section 625: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
626 Cost incurred to be a charge on land
[Repealed]Section 626: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Buildings for public meetings[Repealed]
Heading: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
627 Interpretation
[Repealed]Section 627: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
628 Buildings for public meetings, etc, to be licensed and inspected
[Repealed]Section 628: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
629 Register of licensed buildings
[Repealed]Section 629: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
630 Inspection of licensed buildings
[Repealed]Section 630: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
631 Passages in and exits from licensed public buildings to be kept clear
[Repealed]Section 631: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
632 Regulations for protection of public from danger from fire or other emergency in theatres, etc
[Repealed]Section 632: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
633 Cancellation or suspension of licence
[Repealed]Section 633: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
634 Penalty for using unlicensed building
[Repealed]Section 634: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
635 Further provisions with respect to licensing of buildings for public meetings, etc
[Repealed]Section 635: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Apartment buildings and residential institutions[Repealed]
Heading: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636 Apartment buildings and residential institutions to be licensed
[Repealed]Section 636: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636A Inspection of residential institution where disabled person resides
[Repealed]Section 636A: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Fire prevention and safety in factories[Repealed]
Heading: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636B Interpretation
[Repealed]Section 636B: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636C Application to the Crown
[Repealed]Section 636C: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636D Factories to have fire safety certificates
[Repealed]Section 636D: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636E Changes to factory premises, staffing, or activities after fire safety certificate issued
[Repealed]Section 636E: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636F Occupier of factory to maintain means of escape and fire alarm system
[Repealed]Section 636F: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636G Provision of fire-fighting equipment
[Repealed]Section 636G: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636H Powers of entry and inspection to ensure compliance with fire bylaws and requirements
[Repealed]Section 636H: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636I Objections against notices or requirements
[Repealed]Section 636I: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636J Appeals against notices or requirements
[Repealed]Section 636J: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636K Notices served by council to be suspended pending determination of appeal
[Repealed]Section 636K: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636L Offences
[Repealed]Section 636L: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636M Penalties
[Repealed]Section 636M: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636N Power to order contravention to be remedied
[Repealed]Section 636N: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636O Procedure relating to offences
[Repealed]Section 636O: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636P Fire safety certificates issued under Factories Act 1946 to continue in force
[Repealed]Section 636P: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Preventing overcrowding[Repealed]
Heading: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
637 Overcrowding of buildings
[Repealed]Section 637: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
638 Illegal occupation of building
[Repealed]Section 638: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
639 Removal of building illegally erected, etc
[Repealed]Section 639: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Miscellaneous provisions[Repealed]
Heading: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
640 Design and construction of buildings to resist earthquake shocks
[Repealed]Section 640: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
641 Refusal of building permit
[Repealed]Section 641: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
641A Power to issue building permit where land subject to erosion, subsidence, slippage, or inundation
[Repealed]Section 641A: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
641B Giving of security
[Repealed]Section 641B: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
641C Objections and appeals
[Repealed]Section 641C: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
641D Notification to the Crown
[Repealed]Section 641D: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
642 Temporary buildings
[Repealed]Section 642: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
643 Permit for erection of building on 2 or more allotments
[Repealed]Section 643: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
644 Thermal insulation of new residential buildings
[Repealed]Section 644: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Part 38 Urban renewal
[Repealed]Part 38: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
644A Interpretation
[Repealed]Section 644A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
644B Council may undertake urban renewal
[Repealed]Section 644B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
644C Notice of urban renewal to be given
[Repealed]Section 644C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
644D Provisions as to subdivisions and development to be complied with
[Repealed]Section 644D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
644E Advances by council to owners
[Repealed]Section 644E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
644F Acquisition of land by council where house unfit for habitation or area below minimum
[Repealed]Section 644F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 39 Prevention of fires
Part 39: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
645 Council defined
[Repealed]Section 645: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
646 Fire prevention
[Repealed]Section 646: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
647 Fire hydrants
[Repealed]Section 647: repealed, on 27 August 2025, by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
648 Pipes to be kept charged with water
[Repealed]Section 648: repealed, on 27 August 2025, by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
649 Council to make bylaws in respect of prevention of spread of fires involving vegetation
[Repealed]Section 649: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
650 Removal of scrub, etc, likely to constitute a fire hazard
[Repealed]Section 650: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 39A Navigation
[Repealed]Part 39A: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650A Councils may carry out harbour works
[Repealed]Section 650A: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650B Appointment of harbourmasters, enforcement officers, and honorary officers
[Repealed]Section 650B: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650C General powers of harbourmasters and enforcement officers
[Repealed]Section 650C: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650D Harbourmaster may remove ships
[Repealed]Section 650D: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650E Harbourmasters and others may regulate some navigation activities
[Repealed]Section 650E: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650F Application of section 710 and other requirements
[Repealed]Section 650F: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650G Offence
[Repealed]Section 650G: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650H Freedom of passage for officers of Customs, etc
[Repealed]Section 650H: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650I Crown harbours and facilities
[Repealed]Section 650I: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650J Delegation or transfer of council’s functions, duties, or powers under this Part
[Repealed]Section 650J: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
Wreck[Repealed]
Heading: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
650K Removal of wreck
[Repealed]Section 650K: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
Part 40 Miscellaneous powers
[Repealed]Part 40: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
651 Council defined
[Repealed]Section 651: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Markets and weighing machines[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
652 Council may provide market places
[Repealed]Section 652: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
653 Council may fix market charges
[Repealed]Section 653: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
654 Recovery of market charges
[Repealed]Section 654: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
655 Council may provide public weighing machines
[Repealed]Section 655: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Harbour works and navigation[Repealed]
Heading: repealed, on 29 April 1999, by section 6(2) of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
656 Powers of council with respect to harbour works to be exercised subject to Harbours Act 1950
[Repealed]Section 656: repealed, on 29 April 1999, by section 6(2) of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
Telegraphs, telephones, and electric lines[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
657 Telegraphs and telephones
[Repealed]Section 657: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
658 Underground telephone and electric lines
[Repealed]Section 658: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Miscellaneous provisions[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
659 Council may sell coal, coke, and firewood
[Repealed]Section 659: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
660 Road metal and lime
[Repealed]Section 660: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
661 Stock dips
[Repealed]Section 661: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
662 Stock paddocks
[Repealed]Section 662: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
663 Council may install, light, and maintain public clocks
[Repealed]Section 663: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
664 Council may contribute towards cemeteries and crematoria not vested in council
[Repealed]Section 664: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
664A Regional councils may contribute to works of constituent authorities
[Repealed]Section 664A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 41 Functions and powers of district community councils and community councils
[Repealed]Part 41: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
665 Functions and powers of district community councils
[Repealed]Section 665: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
666 Delegated functions and powers of community councils
[Repealed]Section 666: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
667 Community council to be a committee of territorial authority
[Repealed]Section 667: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
668 Powers of territorial authority as to improvement and development works in communities
[Repealed]Section 668: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
669 Advances and grants for development works in communities
[Repealed]Section 669: repealed, on 1 November 1989, by section 29(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Part 42 Private works
[Repealed]Part 42: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
670 Order for execution of private works
[Repealed]Section 670: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
671 Duties of occupier
[Repealed]Section 671: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
672 Occupier may act if owner of premises makes default
[Repealed]Section 672: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
673 Council may agree with owner to execute drainage and other works on private land
[Repealed]Section 673: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
674 Advances by council to land owners to meet emergency expenditure
[Repealed]Section 674: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
675 Grants and advances for conversion of domestic fires or installation of electric domestic heating
[Repealed]Section 675: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
675A Council may advance to owner of premises in clean air zone cost of installing electric domestic heating
[Repealed]Section 675A: repealed, on 14 August 1986, by section 13(1) of the Local Government Amendment Act (No 3) 1986 (1986 No 50).
676 Council may execute works on default by owner or occupier
[Repealed]Section 676: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
677 Recovery of cost of works by council
[Repealed]Section 677: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
678 Amounts payable in respect of private land
[Repealed]Section 678: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 43 Bylaws
[Repealed]Part 43: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
679 This Part to be subject to Bylaws Act 1910
[Repealed]Section 679: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
680 Application of Part 43
[Repealed]Section 680: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
681 Procedure for making bylaws
[Repealed]Section 681: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
682 General provisions as to bylaws
[Repealed]Section 682: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
683 Penalty for breach of bylaws
[Repealed]Section 683: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
684AA Certain provisions of Local Government Act 2002 to apply to bylaws made under this Act
[Repealed]Section 684AA: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
684 Subject matter of bylaws
[Repealed]Section 684: repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
684A Effect of Building Act 1991 on bylaws
[Repealed]Section 684A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Navigation bylaws[Repealed]
Heading: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
684B Bylaws relating to navigation and related activities
[Repealed]Section 684B: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
684C Navigation bylaws not to affect port operations
[Repealed]Section 684C: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
684D No marine pollution charges
[Repealed]Section 684D: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
684E General provisions relating to navigation bylaws
[Repealed]Section 684E: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
684F Council must consult Director
[Repealed]Section 684F: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment Act 2013 (2013 No 84).
685 Licences to hawkers and pedlars
[Repealed]Section 685: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
686 Bylaws as to billiard rooms, amusement galleries, and shooting galleries
[Repealed]Section 686: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
687 Enforcement and administration of regional bylaws
[Repealed]Section 687: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
688 Metric conversions of bylaws
[Repealed]Section 688: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
689 Council to provide copies of bylaws
[Repealed]Section 689: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
690 Power to join with other bodies to make bylaws
[Repealed]Section 690: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
690A Prescription of fees by bylaw or by resolution
[Repealed]Section 690A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
691 Regulations applying to outlying islands not included in district of territorial authority
[Repealed]Section 691: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692 Removal of works executed contrary to bylaws
[Repealed]Section 692: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 43A Commissioner for Disaster Recovery
[Repealed]Part 43A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692A Interpretation
[Repealed]Section 692A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692B Commissioner for Disaster Recovery
[Repealed]Section 692B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692C Deputy Commissioner for Disaster Recovery
[Repealed]Section 692C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692D Functions of Commissioner
[Repealed]Section 692D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692E Commissioner to exercise and perform powers, functions, and duties of local authority
[Repealed]Section 692E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692F Powers, functions, and duties of Deputy Commissioner
[Repealed]Section 692F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692G Commissioner and Deputy Commissioner not to be personally liable
[Repealed]Section 692G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692H Local authority and members not to act while Commissioner in office
[Repealed]Section 692H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692I Appointment and function of advisory committee
[Repealed]Section 692I: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692J Advances and guarantees of advances to Commissioner
[Repealed]Section 692J: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692K Remuneration and expenses
[Repealed]Section 692K: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 43B Ministerial reviews of local authorities
[Repealed]Part 43B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692L Interpretation
[Repealed]Section 692L: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692M Power of Minister to initiate review
[Repealed]Section 692M: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692N Requirement to consult
[Repealed]Section 692N: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692O Decision in relation to reviews
[Repealed]Section 692O: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692P Appointment of review authority
[Repealed]Section 692P: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692Q Notice of review to be published in Gazette
[Repealed]Section 692Q: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692R Remuneration
[Repealed]Section 692R: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692S Procedure
[Repealed]Section 692S: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692T Action on receipt of report
[Repealed]Section 692T: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692U Implementation of recommendations
[Repealed]Section 692U: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692V Minister may provide for implementation of recommendations
[Repealed]Section 692V: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692W Implementation of recommendations for appointment of commission
[Repealed]Section 692W: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692X Membership of commission
[Repealed]Section 692X: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692Y Powers of commission
[Repealed]Section 692Y: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692Z General provisions relating to commission
[Repealed]Section 692Z: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZA Members not to act while commission in office
[Repealed]Section 692ZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZB Publication of report
[Repealed]Section 692ZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 43C Removal orders
[Repealed]Part 43C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Application for removal order[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZC Interpretation
[Repealed]Section 692ZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZD Application for removal order
[Repealed]Section 692ZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZE Evidence of convictions
[Repealed]Section 692ZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZF Form of removal order
[Repealed]Section 692ZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Objection to removal order[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZG Notice of objection
[Repealed]Section 692ZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZH Vexatious objections
[Repealed]Section 692ZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZI Court may confirm, vary, or discharge order
[Repealed]Section 692ZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZJ Appeal to High Court final
[Repealed]Section 692ZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Compliance with removal order[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZK Compliance with removal order
[Repealed]Section 692ZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZL No civil proceedings against person executing removal order
[Repealed]Section 692ZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Miscellaneous provisions[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZM Relationship with Fencing Act 1978
[Repealed]Section 692ZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
692ZN Rules of court
[Repealed]Section 692ZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 44 Offences and legal proceedings
Part 44: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Offences
Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
693 Obstruction of member or officer or agent of council
[Repealed]Section 693: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
694 Wilful or negligent destruction of or damage to works or property
[Repealed]Section 694: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
695 Recovery of amount of destruction, damage, etc, to works or property
[Repealed]Section 695: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
695A Removal of fences, structures, and vegetation
[Repealed]Section 695A: repealed, on 1 May 1998, by section 3(1) of the Local Government Amendment Act (No 3) 1997 (1997 No 95).
696 Coat of Arms
[Repealed]Section 696: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
697 Default in compliance with Act, or direction given pursuant to Act
[Repealed]Section 697: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
698 General penalty
(1)
Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable on conviction 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, the 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),—
(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.
(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.
Compare: 1954 No 76 s 377; 1956 No 64 s 392
Section 698: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 698(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 698(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
699 Time for filing charging document
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act or any regulations or bylaws made under it ends on the date that is 12 months after the date on which the offence was committed.
Section 699: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
699A Infringement offences relating to navigation bylaws
[Repealed]Section 699A: repealed, on 23 October 2013, by section 85(2)(b) of the Maritime Transport Amendment Act 2013 (2013 No 84).
699B Commission of infringement offence
[Repealed]Section 699B: repealed, on 23 October 2013, by section 85(2)(b) of the Maritime Transport Amendment Act 2013 (2013 No 84).
699C Infringement notices
[Repealed]Section 699C: repealed, on 23 October 2013, by section 85(2)(b) of the Maritime Transport Amendment Act 2013 (2013 No 84).
699D Entitlement to infringement fees
[Repealed]Section 699D: repealed, on 23 October 2013, by section 85(2)(b) of the Maritime Transport Amendment Act 2013 (2013 No 84).
Legal proceedings[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
700 Judges, District Court Judges, and Justices not disqualified as being ratepayers
[Repealed]Section 700: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
701 Proceedings in District Court, etc
[Repealed]Section 701: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
702 Service of legal proceedings on council
[Repealed]Section 702: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
703 Valuation roll to be evidence as to owner or occupier
[Repealed]Section 703: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
704 Evidence that works or property vested in or under control of council
[Repealed]Section 704: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
705 Recovery of debts
[Repealed]Section 705: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
706 Members may be required to pay costs of proceedings in certain cases
[Repealed]Section 706: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Recovery of losses incurred by local authorities[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
706A Report by Auditor-General on loss incurred by local authority
[Repealed]Section 706A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
706B Local authority to respond to Auditor-General
[Repealed]Section 706B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
706C Members of local authority liable for loss
[Repealed]Section 706C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
General provisions[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
707 Council may make compositions
[Repealed]Section 707: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 44A Special provisions applying to Auckland Regional Authority
[Repealed]Part 44A: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
707A Application of provisions to Auckland Regional Council
[Repealed]Section 707A: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
707AA Residual powers of Auckland Regional Council
[Repealed]Section 707AA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
707B Interpretation
[Repealed]Section 707B: repealed, on 1 July 1992, by section 67(1) of the Local Government Amendment Act 1992 (1992 No 42).
707C Membership of Auckland Regional Authority
[Repealed]Section 707C: repealed, on 1 July 1992, by section 67(1) of the Local Government Amendment Act 1992 (1992 No 42).
707D Auckland Regional Authority elections
[Repealed]Section 707D: repealed, on 1 July 1992, by section 67(1) of the Local Government Amendment Act 1992 (1992 No 42).
707E Extraordinary vacancies
[Repealed]Section 707E: repealed, on 1 July 1992, by section 67(1) of the Local Government Amendment Act 1992 (1992 No 42).
707F Compilation of electoral roll
[Repealed]Section 707F: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment Act 1991 (1991 No 49).
707G Roll to be available for public inspection
[Repealed]Section 707G: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment Act 1991 (1991 No 49).
707H Application for registration as a parliamentary elector
[Repealed]Section 707H: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment Act 1991 (1991 No 49).
707I Completion of roll
[Repealed]Section 707I: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment Act 1991 (1991 No 49).
707J Amendments to roll
[Repealed]Section 707J: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment Act 1991 (1991 No 49).
707K When roll in force
[Repealed]Section 707K: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment Act 1991 (1991 No 49).
707L Proof of roll
[Repealed]Section 707L: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment Act 1991 (1991 No 49).
707M Roll for by-elections
[Repealed]Section 707M: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment Act 1991 (1991 No 49).
Part 44B Auckland Regional Services Trust
[Repealed]Part 44B: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707N Interpretation
[Repealed]Section 707N: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
Auckland Regional Services Trust[Repealed]
Heading: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707O Constitution of Trust
[Repealed]Section 707O: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707P Establishment of Trust
[Repealed]Section 707P: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
Transfer of specified assets and specified liabilities to Trust[Repealed]
Heading: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707Q Preparation of plan for vesting of specified assets and specified liabilities in Trust
[Repealed]Section 707Q: repealed, on 1 October 1998, by section 14(1)(e) of the 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: repealed, on 1 October 1998, by section 14(1)(e) of the 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: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707R Vesting of assets and liabilities in Trust
[Repealed]Section 707R: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707S Certain matters not affected by transfer of specified assets or specified liabilities to Trust
[Repealed]Section 707S: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707T Provisions relating to transfer of specified assets and specified liabilities to Trust
[Repealed]Section 707T: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707U Transfer of regulatory powers not authorised
[Repealed]Section 707U: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707UA Divestment of assets in transport-related enterprises to be subject to Part 34B
[Repealed]Section 707UA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707V Stamp duty exemption
[Repealed]Section 707V: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707W Taxation
[Repealed]Section 707W: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707X Taxes and duties
[Repealed]Section 707X: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707Y Uses deemed to be permitted uses
[Repealed]Section 707Y: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707Z Modification of provisions of Public Works Act 1981
[Repealed]Section 707Z: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZA Obligation to lodge caveat
[Repealed]Section 707ZA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZB Exclusions
[Repealed]Section 707ZB: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZC Reduction in functions, duties, and powers of Auckland Regional Council
[Repealed]Section 707ZC: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZD Continuous service of transferred employees
[Repealed]Section 707ZD: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZE Maintenance of conditions of employment
[Repealed]Section 707ZE: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZEA Restrictions on compensation for redundancy
[Repealed]Section 707ZEA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZF Water services
[Repealed]Section 707ZF: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZG Refusal disposal sites
[Repealed]Section 707ZG: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZH Properties and funds acquired from Auckland Harbour Board
[Repealed]Section 707ZH: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZI Special obligation of Trust in relation to carrying out of its work and functions
[Repealed]Section 707ZI: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
Functions of Trust[Repealed]
Heading: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZJ Functions of Trust
[Repealed]Section 707ZJ: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZJA Functions in relation to America’s Cup
[Repealed]Section 707ZJA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZJB Management of assets
[Repealed]Section 707ZJB: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZJC Obligation of Trust to report annually on assets owned by it
[Repealed]Section 707ZJC: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZJD Power to dispose of assets
[Repealed]Section 707ZJD: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZJE Effect of sections 707ZJA to 707ZJD
[Repealed]Section 707ZJE: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZK Trust to be local authority for certain purposes
[Repealed]Section 707ZK: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
Elections[Repealed]
Heading: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZL Election of members of Trust
[Repealed]Section 707ZL: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZM First election of members
[Repealed]Section 707ZM: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
Chief executive[Repealed]
Heading: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZN Special provision in respect of appointment by Auckland Regional Council of chief executive of Trust
[Repealed]Section 707ZN: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
Accountability and accounting[Repealed]
Heading: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZO Conduct of affairs
[Repealed]Section 707ZO: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZP Annual report to public concerning plans
[Repealed]Section 707ZP: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZQ Annual report to public concerning performance
[Repealed]Section 707ZQ: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZR Audit Office to be auditor
[Repealed]Section 707ZR: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
Funding[Repealed]
Heading: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZS Funding
[Repealed]Section 707ZS: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZT Establishment costs
[Repealed]Section 707ZT: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZU Application of revenue
[Repealed]Section 707ZU: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZV Rating for funding of Trust
[Repealed]Section 707ZV: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZVA Power of Auckland Regional Council to rate in respect of retained liabilities
[Repealed]Section 707ZVA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
Community Trust[Repealed]
Heading: repealed, on 1 October 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZW Establishment of Community Trust
[Repealed]Section 707ZW: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZX Trustees
[Repealed]Section 707ZX: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZY Disqualification from appointment
[Repealed]Section 707ZY: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZZ Term of appointment
[Repealed]Section 707ZZ: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZZA Purposes of Community Trust
[Repealed]Section 707ZZA: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZZB Financial statements
[Repealed]Section 707ZZB: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZZC Trustees to hold public meeting
[Repealed]Section 707ZZC: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZZD Matters to be included in trust deed
[Repealed]Section 707ZZD: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZZE Trust deed not to be inconsistent with provisions of this Act
[Repealed]Section 707ZZE: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
707ZZF Application of Trustee Act 1956
[Repealed]Section 707ZZF: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment Act 1998 (1998 No 89).
Achievement of objects[Repealed]
Heading: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
707ZZG Duty to act in furtherance of this Part
[Repealed]Section 707ZZG: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act 1998 (1998 No 89).
Part 44C Infrastructure Auckland
[Repealed]Part 44C: repealed, on 1 November 2010, pursuant to section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
707ZZH Commencement
[Repealed]Section 707ZZH: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZI Interpretation
[Repealed]Section 707ZZI: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZJ Constitution of Infrastructure Auckland
[Repealed]Section 707ZZJ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZK Principal function of Infrastructure Auckland
[Repealed]Section 707ZZK: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZL Grants
[Repealed]Section 707ZZL: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZM Special obligations of Infrastructure Auckland
[Repealed]Section 707ZZM: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZN Additional special obligation of Infrastructure Auckland in respect of Ports of Auckland Limited
[Repealed]Section 707ZZN: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZO Membership of Infrastructure Auckland
[Repealed]Section 707ZZO: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZP Infrastructure Auckland to be local authority for certain purposes
[Repealed]Section 707ZZP: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZQ Statement of corporate intent
[Repealed]Section 707ZZQ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZR Transport-related enterprises
[Repealed]Section 707ZZR: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZS Electoral College
[Repealed]Section 707ZZS: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZT Functions of Electoral College
[Repealed]Section 707ZZT: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZU Appointment of members of Infrastructure Auckland
[Repealed]Section 707ZZU: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZV Members of Electoral College
[Repealed]Section 707ZZV: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZW Alternate members of Electoral College
[Repealed]Section 707ZZW: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZX Chairperson of Electoral College
[Repealed]Section 707ZZX: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZY Meetings of Electoral College
[Repealed]Section 707ZZY: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZ Infrastructure Auckland deed
[Repealed]Section 707ZZZ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZA Contents of Infrastructure Auckland deed
[Repealed]Section 707ZZZA: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZB Long-term funding plan
[Repealed]Section 707ZZZB: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZC Proceedings of Infrastructure Auckland
[Repealed]Section 707ZZZC: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Accountability and accounting[Repealed]
Heading: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZD Conduct of affairs
[Repealed]Section 707ZZZD: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZE Annual plan
[Repealed]Section 707ZZZE: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZF Annual policy in relation to grants
[Repealed]Section 707ZZZF: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZG Annual report
[Repealed]Section 707ZZZG: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZH Exemption for listed companies
[Repealed]Section 707ZZZH: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
America’s Cup[Repealed]
Heading: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZI Functions in relation to America’s Cup
[Repealed]Section 707ZZZI: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZJ Obligation to report annually on assets
[Repealed]Section 707ZZZJ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZK Power to dispose of shares
[Repealed]Section 707ZZZK: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Dissolution of Auckland Regional Services Trust[Repealed]
Heading: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZL Dissolution of Auckland Regional Services Trust
[Repealed]Section 707ZZZL: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZLA Transfer of money subject to trust
[Repealed]Section 707ZZZLA: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZM Taxes and duties
[Repealed]Section 707ZZZM: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZN Modification of provisions of Public Works Act 1981
[Repealed]Section 707ZZZN: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZO Obligation to lodge caveat
[Repealed]Section 707ZZZO: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZP Employees
[Repealed]Section 707ZZZP: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZQ Final accounts of Auckland Regional Services Trust
[Repealed]Section 707ZZZQ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZR Vesting of shares in Watercare Services Limited
[Repealed]Section 707ZZZR: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
707ZZZS Water services
[Repealed]Section 707ZZZS: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
707ZZZT Auckland Regional Council allowed certain deductions for tax purposes
[Repealed]Section 707ZZZT: repealed, on 1 April 2007, by section 707ZZZU.
707ZZZU Expiry
[Repealed]Section 707ZZZU: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Dissolution of Regional Treasury Management Limited[Repealed]
Heading: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZV Dissolution of Regional Treasury Management Limited
[Repealed]Section 707ZZZV: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZW Final accounts of Regional Treasury Management Limited
[Repealed]Section 707ZZZW: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZX Taxes and duties
[Repealed]Section 707ZZZX: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Miscellaneous provisions[Repealed]
Heading: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZY Certain matters not affected by this Part
[Repealed]Section 707ZZZY: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZ Provisions relating to vesting of assets and liabilities in Infrastructure Auckland
[Repealed]Section 707ZZZZ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZA Registers
[Repealed]Section 707ZZZZA: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Transitional provisions[Repealed]
Heading: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZB Initial membership of Infrastructure Auckland
[Repealed]Section 707ZZZZB: repealed, on 1 July 2004, by section 48(1)(a) of the 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]Section 707ZZZZC: repealed, on 1 July 2004, by section 48(1)(a) of the 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]Section 707ZZZZD: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZE Power to resign
[Repealed]Section 707ZZZZE: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZF Extraordinary vacancies
[Repealed]Section 707ZZZZF: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
707ZZZZG Chairperson of Infrastructure Auckland
[Repealed]Section 707ZZZZG: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Part 44D Westport Harbour
[Repealed]Part 44D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
707ZZZZH Harbour assets vested in Buller District Council
[Repealed]Section 707ZZZZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Part 45 Miscellaneous provisions
[Repealed]Part 45: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
Works on private land[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
708 Works on private land
[Repealed]Section 708: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
708A Power of entry
[Repealed]Section 708A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
709 Examination of appliances and equipment
[Repealed]Section 709: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Prohibition of vehicles and consumption or possession of liquor in public places[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
709A Prohibition of vehicles and consumption or possession of intoxicating liquor in public place
[Repealed]Section 709A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
709B Interpretation
[Repealed]Section 709B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
709C Further power to prohibit vehicles and liquor in public places
[Repealed]Section 709C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
709D Exceptions to prohibition for residents and their visitors
[Repealed]Section 709D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
709E Exceptions to prohibition for licensed premises
[Repealed]Section 709E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
709F Public notice
[Repealed]Section 709F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
709G Offences
[Repealed]Section 709G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
709H Powers of arrest, search, and seizure
[Repealed]Section 709H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
General provisions[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002 No 84).
710 Authority to act
[Repealed]Section 710: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
711 Penalty for acting without warrant
[Repealed]Section 711: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
712 Resignations from office
[Repealed]Section 712: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
713 Chairman compellable to give information
[Repealed]Section 713: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
714 Delegation of Minister’s or Secretary’s powers
[Repealed]Section 714: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
715 Delegation of powers by council
[Repealed]Section 715: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
716 Delegation of powers by officers
[Repealed]Section 716: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
716A Special consultative procedure
[Repealed]Section 716A: repealed, on 25 December 2002, by section 267(a) of the Local Government Act 2002 (2002 No 84).
Special orders[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
716B Special orders
[Repealed]Section 716B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
716C Evidence of special order
[Repealed]Section 716C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
716D Time within which proceedings to quash special order must be commenced
[Repealed]Section 716D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
717 Application of provisions to Auckland Regional District
[Repealed]Section 717: repealed, on 18 June 1986, by section 7 of the Local Government Amendment Act (No 2) 1986 (1986 No 24).
718 Application of Act to County of Fiord
[Repealed]Section 718: repealed, on 14 January 1983, by section 28(3) of the 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]Section 719: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
720 Misnomer, etc, not to prevent operation of Act
[Repealed]Section 720: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
721 Appointment of person to exercise powers and functions of council
[Repealed]Section 721: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
722 Annual report
[Repealed]Section 722: repealed, on 1 July 1992, by section 70 of the Local Government Amendment Act 1992 (1992 No 42).
723 Regulations
[Repealed]Section 723: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
724 Application of Act to Crown
[Repealed]Section 724: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
725 Consequential amendments
[Repealed]Section 725: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
726 Repeals, revocation, and savings
[Repealed]Section 726: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Schedule 1 Local authorities
[Repealed]Schedule 1: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Schedule 1A Classes of local authorities for the purposes of sections 214 to 214M
[Repealed]Schedule 1A: repealed, on 1 July 1992, by section 72(1) of the Local Government Amendment Act 1992 (1992 No 42).
Schedule 2 Matters which (where applicable) Local Government Commission shall provide for in scheme in addition to matters specified in section 35(1)
[Repealed]Schedule 2: repealed, on 1 November 1989, by section 42(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Schedule 3 Payments on transfer of trading undertaking from a territorial authority to a regional or united council
[Repealed]Schedule 3: repealed, on 1 November 1989, by section 43(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Schedule 3A Provisions relating to Commission
[Repealed]Schedule 3A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Schedule 3B Provisions for giving effect to reorganisation schemes
[Repealed]Schedule 3B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Schedule 4 Declaration by mayor or chairperson or member
[Repealed]Schedule 4: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Schedule 4A Classes of local authorities for the purposes of Part 4C
[Repealed]Schedule 4A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Schedule 5 Procedure for classification of lands for purposes of making and levying water race or rural drainage rates
[Repealed]Schedule 5: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Amendment Act 1988 (1988 No 97).
Schedule 5A Form relating to lump sum contributions
[Repealed]Schedule 5A: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
Schedule 6 Scales of local authorities fuel tax
Schedule 6: inserted, on 1 April 1978, by section 7(1)(b) of the 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: amended, on 1 October 2008, by section 20(2)(a) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Schedule 6: amended, on 1 October 2008, by section 20(2)(b) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Schedule 7
Schedule 7: replaced, on 1 July 1992, by section 75 of the 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 | Auckland (D) |
|
| 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) 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 7 item 2: amended, on 12 December 2012, by section 4(1) of the Local Government Act 1974 Amendment Act 2012 (2012 No 106).
Schedule 7 item 2: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Schedule 7 item 17: amended, on 12 December 2012, by section 4(2) of the Local Government Act 1974 Amendment Act 2012 (2012 No 106).
Schedule 8 Notice of imposition or alteration of local authorities fuel tax
Schedule 8: inserted, on 1 April 1978, by section 7(1)(b) of the 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).
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 [effective date] and within the tax area consisting of [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 |
Date:
Principal Administrative Officer of [name of taxing authority], distribution authority of tax area.
Schedule 8: amended, on 1 October 2008, by section 21(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Schedule 8: amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Schedule 9 Tenders and contracts
[Repealed]Schedule 9: repealed, on 1 November 1989, by section 25(1) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Schedule 10 Conditions as to stopping of roads and the temporary prohibition of traffic on roads
Schedule 10: inserted, on 1 April 1979, by section 3(1) of the 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).
Schedule 10 clause 1: amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
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, 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.
Schedule 10 clause 5: amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
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, 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.
Schedule 10 clause 6: replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Schedule 10 clause 6: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Schedule 10 clause 6: amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
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.
Schedule 10 clause 7: amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
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, thereafter cease to be a road.
Schedule 10 clause 8: amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
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 Registrar-General of Land 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.
Schedule 10 clause 10: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
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 New Zealand Transport Agency, 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) if that closure would, in the opinion of the council, be likely to impede traffic unreasonably.
Schedule 10 clause 11: replaced, on 14 August 1986, by section 14(1) of the Local Government Amendment Act (No 3) 1986 (1986 No 50).
Schedule 10 clause 11: amended, on 26 March 2015, by section 5 of the Local Government Act 1974 Amendment Act 2015 (2015 No 20).
11A
The council shall give public notice of its intention to consider closing any road or part of a road under clause 11(e); and shall give public notice of any decision to close any road or part of a road under that provision.
Schedule 10 clause 11A: inserted, on 14 August 1986, by section 14(1) of the 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), 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.
Schedule 10 clause 11B: inserted, on 14 August 1986, by section 14(1) of the 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), the road or part of a road shall be deemed for the purposes of—
(a)
[Repealed](b)
(c)
the Transport (Drivers Licensing) Regulations 1985:
(d)
[Repealed](e)
the Transport (Vehicle Registration and Licensing) Notice 1986:
(ea)
(f)
any enactment made in substitution for any enactment referred to in paragraphs (a) to (ea)—
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.
Schedule 10 clause 11C: inserted, on 14 August 1986, by section 14(1) of the Local Government Amendment Act (No 3) 1986 (1986 No 50).
Schedule 10 clause 11C(a): repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Schedule 10 clause 11C(d): repealed, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Schedule 10 clause 11C(ea): inserted, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).
Schedule 10 clause 11C(f): amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).
12
The powers conferred on the council by clause 11 (except paragraph (e)) may be exercised by the chairman on behalf of the council or by any officer of the council authorised by the council in that behalf.
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, 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 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; 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; 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.
Schedule 10 clause 16(aa): inserted, on 14 August 1986, by section 14(2) of the Local Government Amendment Act (No 3) 1986 (1986 No 50).
Schedule 11 Width of roads, access ways, and service lanes
[Expired]Schedule 11: expired, on 1 January 1993, by section 325(3).
Schedule 12
Schedule 12: inserted, on 1 April 1979, by section 3(1) of the 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: [name], 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 $[amount] on account of betterment for the said increase in value of the said land.
[Description of land]
Given under my hand: [date]
Principal Administrative Officer
Schedule 12 form 1 heading: amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Schedule 12 form 1: amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Schedule 12 form 1: amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
Form 2 Charge
Pursuant to section 326(5)(b) of the Local Government Act 1974, I, the undersigned [name], hereby charge my estate or interest as [describe the estate or interest] in [describe land] with the payment to the [name of council] of [number] equal half-yearly payments of $[amount], each payable on the [specify] day of the months of [months] in each year, the first payment to be made on [date], 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 [name], hereby covenant with the said council to pay to the council the said several instalments on the respective dates aforesaid.
Given under my hand: [date]
Schedule 13 Conditions of fixing levels of roads
Schedule 13: inserted, on 1 April 1979, by section 3(1) of the 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 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
ss 379, 380, 402, 426, 433, 445, 454, 477, 501B, 516, 522(1)(c), (d)
Schedule 14: inserted, on 1 April 1980, by section 6 of the Local Government Amendment Act 1979 (1979 No 59).
Schedule 14 heading: amended, on 19 January 1981, by section 53(a) of the Local Government Amendment Act 1980 (1980 No 82).
Schedule 14 heading: amended, on 19 January 1981, by section 53(b) of the Local Government Amendment Act 1980 (1980 No 82).
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.
Schedule 14 clause 1: amended, on 19 January 1981, by section 53(c) of the Local Government Amendment Act 1980 (1980 No 82).
2
If that local authority or body objects to the interference, the matter shall be referred to the District Court, and the decision of the court shall be final.
Schedule 14 clause 2: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
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.
Schedule 14 clause 3: amended, on 19 January 1981, by section 53(d) of the Local Government Amendment Act 1980 (1980 No 82).
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.
Schedule 14 clause 4: amended, on 19 January 1981, by section 53(e) of the Local Government Amendment Act 1980 (1980 No 82).
5
The provisions of this schedule shall, in relation to any public work that is a government work to which section 241 applies, be read subject to that section.
Schedule 15 Conditions as to use of buildings for public meetings, and for other purposes
[Repealed]ss 627, 628, 630, 633(3), 635, 636(3)
Schedule 15: repealed, on 15 September 1993, by section 24(2) of the Building Amendment Act 1993 (1993 No 99).
Schedule 16 Conditions of constructing or undertaking works on private land
[Repealed]Schedule 16: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Schedule 17 Acts under which functions, powers, and duties are conferred or imposed on Minister of Local Government and Secretary for Local Government
[Repealed]Schedule 17: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Schedule 17A Provisions relating to Auckland Regional Services Trust
[Repealed]Schedule 17A: repealed, on 1 October 1998, by section 14(1)(a) of the Local Government Amendment Act 1998 (1998 No 89).
Schedule 17B Provisions relating to Infrastructure Auckland
[Repealed]Schedule 17B: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Schedule 18 Enactments amended
[Repealed]Schedule 18: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Schedule 19 Enactments repealed
[Repealed]Schedule 19: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Local Government Amendment Act (No 2) 1999
Public Act |
1999 No 24 |
|
Date of assent |
28 April 1999 |
|
Commencement |
see section 1(2) |
1 Short Title and commencement
(1)
This Act may be cited as the Local Government Amendment Act (No 2) 1999, and is part of the Local Government Act 1974 (“the principal Act”).
(2)
This Act comes into force on the day after the date on which it receives the Royal assent.
Repeals, amendments, and transitional and savings provisions
15 Savings provisions relating to bylaws, leases, and other documents issued under Harbours Act 1950
(1)
Despite the repeal of the Harbours Act 1950 by section 10,—
(a)
section 424 of the Resource Management Act 1991 (which relates to bylaws of former harbour boards) continues to have effect as if the Harbours Act 1950 had not been repealed:
(b)
bylaws made under the Harbours Act 1950 (other than bylaws referred to in paragraph (a)) and in force immediately before the commencement of this section continue in force until the close of 31 March 2003, unless they are inconsistent with anything in section 684C to 684E of the principal Act, as if the Harbours Act 1950 had not been repealed; and, until the close of that 31 March, bylaws continued in force under this paragraph may from time to time be amended as if that Act had not been repealed:
(c)
section 425 of the Resource Management Act 1991 (which relates to leases and other authorities issued by former Harbour Boards) continues to have effect as if the Harbours Act 1950 had not been repealed.
(2)
Every licence, permit, approval, pilotage exemption, or other written authorisation granted, given, or issued under the Harbours Act 1950, and every appointment made under that Act, that was in force immediately before the repeal of that Act by section 10 continues in force until it expires or is revoked or cancelled or replaced by a document issued or act done under the principal Act or the Maritime Transport Act 1994.
(3)
Despite the repeal of section 211 of the Harbours Act 1950 by section 10, pilotage district limits having effect under that section 211 immediately before its repeal continue in force until the close of 31 March 2003 unless sooner revoked.
(4)
For the purposes of this section, the Governor-General may from time to time, by Order in Council, do all or any of the following things:
(a)
amend or revoke any pilotage district limits referred to in subsection (3):
(b)
define new pilotage district limits, and amend or revoke such limits, for any period ending no later than the close of 31 March 2003
(5)
Exemptions from compulsory pilotage that were granted by or under section 225 of the Harbours Act 1950 and in force immediately before the repeal of that section by section 10 continue in force until maritime rules made under the Maritime Transport Act 1994 otherwise provide.
16 Savings provisions relating to harbour-related functions, duties, and powers
(1)
A territorial authority responsible under any Act, Order in Council, or other enactment for operating a port or harbour may continue from time to time to appoint a harbourmaster and exercise functions, duties, and powers in respect of navigation safety.
(2)
Every instrument under the principal Act transferring to a territorial authority any functions, duties, or powers under the Harbours Act 1950, that was in force immediately before the commencement of section 10, continues in force until the expiration of 2 years after that commencement and then expires.
(3)
Nothing effected by or under this Act affects or limits the Waimakariri Harbour District and Empowering Act 1916, the Lakes District Waterways Authority (Shotover River) Empowering Act 1985, the Northland Regional Council and Far North District Council Vesting and Empowering Act 1992, or any other Act applying to any harbour.
Maritime Transport Amendment Act 2013
Public Act |
2013 No 84 |
|
Date of assent |
22 October 2013 |
|
Commencement |
see section 2 |
1 Title
This Act is the Maritime Transport Amendment Act 2013.
2 Commencement
(1)
Sections 91 to 100 come into force on a date appointed by the Governor-General by Order in Council.
(2)
The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
Section 2(1): sections 91 to 100 brought into force, on 1 October 2014, by clause 2 of the Maritime Transport Amendment Act 2013 Commencement Order 2014 (LI 2014/276).
Transitional and savings provisions
87 Savings provisions relating to Local Government Act 1974
(1)
All regulations and bylaws, liability for fees, charges, or expenses, appointments, notices, directions, delegations, transfers, agreements, leases, licences, instruments, rights, other liabilities, and other acts of authority that originated under Part 39A, Part 43, or section 699A, 699B, 699C, or 699D of the Local Government Act 1974 and existed or were in force at the time of the repeal of those provisions by section 85 of this Act continue as if they had been made, and are deemed where necessary to have been made, under the corresponding provisions of the Maritime Transport Act 1994.
(2)
All matters, proceedings, actions, and investigations under Part 39A, Part 43, or section 699A, 699B, 699C, or 699D of the Local Government Act 1974 that were pending or in progress at the time of the repeal of those provisions by section 85 of this Act may be continued, completed, and enforced as if those provisions had not been repealed.
(3)
Without limiting subsection (1), the following regulations continue in force and have the same effect as if they had been made under section 201(1)(b) of the Maritime Transport Act 1994:
(a)
Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004:
(b)
Local Government (Infringement Fees for Offences: Auckland Regional Council Navigation Safety Bylaw 2008) Regulations 2009:
(c)
Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010:
(d)
Local Government (Infringement Fees for Offences: Central Otago District Council Lake Dunstan Navigation Safety Bylaws 2006) Regulations 2010:
(e)
Local Government (Infringement Fees for Offences—Environment Canterbury Navigation Safety Bylaws 2010) Regulations 2011:
(f)
Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) Regulations 2004:
(g)
Local Government (Infringement Fees for Offences: Hawke’s Bay Regional Council Navigation Safety Bylaws) Regulations 2012:
(h)
Local Government (Infringement Fees for Offences—Lake Taupo Navigation Safety Bylaw) Regulations 2010:
(i)
Local Government (Infringement Fees for Offences: Manawatu River and Tributaries Navigation and Safety Bylaw 2010) Regulations 2010:
(j)
Local Government (Infringement Fees for Offences—Marlborough District Council Navigation Bylaw 2009) Regulations 2011:
(k)
Local Government (Infringement Fees for Offences—Navigation Bylaws for Port Taranaki and its Approaches 2009) Regulations 2012:
(l)
Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw 2012) Regulations 2012:
(m)
Local Government (Infringement Fees for Offences: Queenstown Lakes District Council (Shotover River) Bylaw 2009) Regulations 2009:
(n)
Local Government (Infringement Fees for Offences: Queenstown Lakes District Navigation Safety Bylaw 2009) Regulations 2009:
(o)
Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009:
(p)
Local Government (Infringement Fees for Offences: Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety) Regulations 2007:
(q)
Local Government (Infringement Fees for Offences: Waikato Regional Council Navigation Safety Bylaw) Regulations 2006:
(r)
Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Regulations 2006.
88 Conflicts between existing navigation bylaws and existing maritime rules
Any provision in a navigation bylaw that was made under Part 43 of the Local Government Act 1974 and that was in force at the time of the repeal of that Part by section 85 of this Act ceases to have effect to the extent that it is inconsistent with the Maritime Transport Act 1994, or regulations or rules made under that Act.
Notes
1 General
This is a consolidation of the Local Government Act 1974 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43): section 172
Water Services Acts Repeal Act 2024 (2024 No 2): section 12(1)
Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68): section 6
Natural and Built Environment Act 2023 (2023 No 46): section 805(1)
Pae Ora (Healthy Futures) Act 2022 (2022 No 30): section 104
Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14): wehenga 7/section 7
Secondary Legislation Act 2021 (2021 No 7): section 3
Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51): section 97
Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48): section 175(1)
Local Government Act 2002 Amendment Act 2019 (2019 No 54): sections 42, 43
Local Government Regulatory Systems Amendment Act 2019 (2019 No 6): Part 3
Customs and Excise Act 2018 (2018 No 4): section 443(3)
Land Transport Amendment Act 2017 (2017 No 34): section 110(3)
Land Transfer Act 2017 (2017 No 30): section 250
District Court Act 2016 (2016 No 49): section 261
Local Government Act 1974 Amendment Act 2015 (2015 No 20)
Maritime Transport Amendment Act 2013 (2013 No 84): section 85
Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8
Local Government Act 1974 Amendment Act 2012 (2012 No 106)
Criminal Procedure Act 2011 (2011 No 81): section 413
Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 100(3)
Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3): section 128
Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99): section 27
Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1)
Unit Titles Act 2010 (2010 No 22): section 233(1)
Customs and Excise Amendment Act 2009 (2009 No 61): section 11(4)
Land Transport Amendment Act 2009 (2009 No 17): section 35(4)
Waste Minimisation Act 2008 (2008 No 89): section 61
Policing Act 2008 (2008 No 72): sections 116(a)(ii), 130(1)
Local Government Act 1974 Amendment Act 2008 (2008 No 63)
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)
Local Government Act 1974 Amendment Act 2006 (2006 No 27)
Public Records Act 2005 (2005 No 40): section 66(b)
Railways Act 2005 (2005 No 37): section 103(3)
Maritime Transport Amendment Act 2004 (2004 No 98): section 11(3)
Building Act 2004 (2004 No 72): sections 414, 415(1)
Local Government Act 1974 Amendment Act 2004 (2004 No 64)
Local Government (Auckland) Amendment Act 2004 (2004 No 57): section 48(1)(a)
Land Transport Management Act 2003 (2003 No 118): section 90
Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
Resource Management Amendment Act 2003 (2003 No 23): section 98
Local Electoral Amendment Act 2002 (2002 No 85): section 53(d)
Local Government Act 2002 (2002 No 84): sections 262, 266, 267(a), 270
Local Government (Rating) Act 2002 (2002 No 6): sections 137(1), 138(1), 143(1)(c)
Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 (2001 No 98)
Local Electoral Act 2001 (2001 No 35): section 151
Public Audit Act 2001 (2001 No 10): sections 46, 52
New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1)
Local Government Amendment Act (No 5) 1999 (1999 No 125)
Local Government Amendment Act (No 4) 1999 (1999 No 108)
Stamp Duty Abolition Act 1999 (1999 No 61): section 7
Local Government Amendment Act (No 2) 1999 (1999 No 24)
Land Transport Act 1998 (1998 No 110): section 215(1)
Local Government Amendment Act 1998 (1998 No 89)
Health and Disability Services Amendment Act 1998 (1998 No 74): section 5(4)
Rating Valuations Act 1998 (1998 No 69): section 54(1)
Local Government Amendment Act (No 3) 1997 (1997 No 95)
Local Government Amendment Act 1997 (1997 No 49)
Resource Management Amendment Act 1996 (1996 No 160): section 6(2)(a)
Local Government Amendment Act (No 3) 1996 (1996 No 83)
Local Government Amendment Act (No 2) 1995 (1995 No 40)
Local Government Amendment Act 1994 (1994 No 68)
Building Amendment Act 1993 (1993 No 99): section 24(2)
Electoral Act 1993 (1993 No 87): section 284
Te Ture Whenua Maori Act 1993 (1993 No 4): section 362(2)
Electricity Act 1992 (1992 No 122): section 173(2)
Local Government Amendment Act (No 3) 1992 (1992 No 113)
Local Government Amendment Act (No 2) 1992 (1992 No 71)
Energy Companies Act 1992 (1992 No 56): section 89(1), (2)
Local Government Amendment Act 1992 (1992 No 42)
Building Act 1991 (1991 No 150): section 92(1)
Resource Management Act 1991 (1991 No 69): section 362
Local Government Amendment Act 1991 (1991 No 49)
Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27): section 24(1)
Government Roading Powers Act 1989 (1989 No 75): section 116(1), (4)
Local Government Amendment Act (No 2) 1989 (1989 No 29)
Local Government Amendment Act (No 3) 1988 (1988 No 109)
Rating Powers Act 1988 (1988 No 97): sections 208(1), 209(1)
Local Government Amendment Act 1988 (1988 No 71)
Local Government Official Information and Meetings Act 1987 (1987 No 174): section 58(1)
Constitution Act 1986 (1986 No 114): section 29(2)
Local Government Amendment Act (No 3) 1986 (1986 No 50)
Local Government Amendment Act (No 2) 1986 (1986 No 24)
Local Government Amendment Act 1986 (1986 No 21)
Local Government Amendment Act 1985 (1985 No 60)
Local Government Amendment Act 1984 (1984 No 18)
Local Government Amendment Act (No 2) 1982 (1982 No 166)
Gas Act 1982 (1982 No 27): section 71(2)
Local Government Amendment Act (No 2) 1981 (1981 No 111)
Public Works Act 1981 (1981 No 35): section 248(1)
Local Government Amendment Act 1980 (1980 No 82)
Chatham Islands County Council Empowering Act 1980 (1980 No 6 (L)): section 14(3)
District Courts Amendment Act 1979 (1979 No 125): section 18(2)
Local Government Amendment Act 1979 (1979 No 59)
Local Government Amendment Act 1978 (1978 No 43)
Local Government Amendment Act (No 3) 1977 (1977 No 122)
Local Government Amendment Act 1976 (1976 No 55)
Local Government Act 1974 (1974 No 66): sections 325(3), 707ZZZU
Versions
Local Government Act 1974
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