• “(ca) a company in which a port company (within the meaning of the Port Companies Act 1988) holds or controls 50% of the shares; or”

“71A Application of Part to listed companies

• “(1) This section applies to a council-controlled organisation if the shares of any of the following are listed on a stock exchange:

  • “(a) the-council-controlled organisation:

  • “(b) a holding company of the council-controlled organisation:

  • “(c) controlling companies of the council-controlled organisation.

  “(2) If subsection (1) applies, the council-controlled organisation is not required to—

  • “(a) have a statement of intent under section 64:

  • “(b) deliver a half-yearly report under section 66:

  • “(c) deliver an annual report under section 67.

  “(3) In this section,—

  “controlling companies means 2 or more companies whose degree of control over a council-controlled organisation, if exercisable by one notional company, would make the notional company a holding company of the council-controlled organisation

  “holding company has the same meaning as in section 5 of the Companies Act 1993.”

“72 Application of Act to related companies

• Sections 57 to 71 apply to a company as if it were a council-controlled organisation if the company is a related company (within the meaning of section 2(3) and (4) of the Companies Act 1993) of a council-controlled organisation.”

• “(3) The nature and circumstances of a decision referred to in subsection (2)(c) include the extent to which the requirements for such decision-making are prescribed in or under any other enactment (for example, the Resource Management Act 1991).

• “(4) Subsection (3) is for the avoidance of doubt.”

“83A Combined or concurrent consultation

• “(1) Where this Act or any other enactment requires a local authority to use or adopt the special consultative procedure in relation to any decision or matter, it may (but is not required to) carry out the consultation at the same time as, or combined with, any other special consultative procedure that it is required to carry out under this or any other enactment.

  “(2) This section—

  • “(a) applies except to the extent that this Act or any other enactment expressly provides otherwise; and

  • “(b) is for the avoidance of doubt.”

“Joint local government arrangements and joint arrangements with other entities”.

• “(1) In this section,—

  “joint arrangement means an arrangement entered into by 1 or more local government organisations with 1 or more bodies that are not local government organisations for the purpose of providing water services or any aspect of a water service

  “joint local government arrangement means an arrangement entered into by 2 or more local government organisations for the purpose of providing water services or any aspect of a water service.”

• “(7) The requirements on a territorial authority under this section are in addition to the requirements on the territorial authority under section 156, but the territorial authority may comply with both sections by using a single process.”

• “(a) the supply by territorial authorities of water by means of reticulated systems:”.

• “(ba) fails to comply with any bylaw of the local government organisation that relates to water, water pipes, water-works, water races, or water supply to his or her land or building; or”.

• “(b) without being authorised to be supplied with water from a water race, takes water from the supply provided to another person; or

• “(c) is supplied with water from a water race and—

  • “(i) supplies that water to another person who is not authorised to be supplied with water from a water race; or

  • “(ii) permits another person who is not authorised to be supplied with water from a water race to take water from the water race; or”.

• “(4) In this section direction includes a request by a member of the police under section 169(2)(d).”

• “(5) Subsections (3) and (4) also apply to amendments made to an adopted long-term council community plan to which subsection (1) applies.”

“289A Special orders on or after 1 July 2003

• “(1) This section applies—

  • “(a) to any power that a local authority is required to exercise by special order under the Local Government Act 1974; and

  • “(b) to an exercise of the power on or after 1 July 2003, and before the commencement of the Local Government Act 1974 Amendment Act 2004.

  “(2) A power is to be treated as having been exercised lawfully, and as having always been exercised lawfully, if subsection (3) or subsection (4) is complied with.

  “(3) This subsection is complied with if—

  • “(a) the power has been exercised in accordance with the special order procedure in the Local Government Act 1974 as if the Local Government Act 2002 had not been passed; and

  • “(b) the decision to exercise the power was made in accordance with sections 76 to 83 of the Local Government Act 2002.

  “(4) This subsection is complied with if—

  • “(a) the power has been exercised in accordance with the special consultative procedure in the Local Government Act 2002; and

  • “(b) the decision to exercise the power was made in accordance with sections 76 to 83 of the Local Government Act 2002.”

“10 Levy regulations for Remuneration Authority costs

• “(1) The Governor-General may, by Order in Council (made on the recommendation of the Minister), make regulations prescribing the method by which the Minister responsible for the Remuneration Authority may levy local authorities an annual amount for the purpose of recovering the costs in the previous financial year of the Remuneration Authority, in making determinations under clause 6.

  “(2) Regulations made under subclause (1)—

  • “(a) must specify—

    • “(i) the date by which the Minister responsible for the Remuneration Authority must set the levy; and

    • “(ii) the basis on which the amount of the levy is to be calculated for each local authority; and

    • “(iii) when the levy must be paid; and

    • “(iv) how the levy is to be notified and collected; and

  • “(b) may provide for—

    • “(i) the deduction of over-recoveries for a financial year from a levy payable in subsequent financial years; and

    • “(ii) the addition of under-recoveries for a financial year to a levy payable in a subsequent year.

“10A Minister responsible for Remuneration Authority to set levy

• “(1) The Minister responsible for the Remuneration Authority may, in each financial year, set a levy on local authorities in accordance with any regulations made under clause 10.

  “(2) The levy comes into effect on the 28th day after the date on which the Minister responsible for the Remuneration Authority notifies in the Gazette—

  • “(a) his or her intention to set the levy; and

  • “(b) the amount of levy payable by each local authority.

  “(3) The Minister responsible for the Remuneration Authority must notify the Minister of the information required under subclause (2) prior to acting under that subsection.

  “(4) A local authority must pay a levy set under this clause; and any amount of unpaid levy is recoverable in a court of competent jurisdiction by the Crown as a debt due.”

“24 Voting

• “(1) The acts of a local authority must be done, and the questions before the local authority must be decided, at a meeting by—

  • “(a) vote; and

  • “(b) the majority of members that are present and voting.

  “(2) For the purposes of subsection (1), the mayor or chairperson or other person presiding at the meeting—

  • “(a) has a deliberative vote; and

  • “(b) in the case of an equality of votes, does not have a casting vote (and therefore the act or question is defeated and the status quo is preserved).

  “(3) An act or question coming before the local authority must be done or decided by open voting.

  “(4) Subsections (1) and (2) apply unless—

  • “(a) this Act provides otherwise; or

  • “(b) the standing orders of the local authority expressly provide otherwise.”

• “(2) If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:—

  • “(a) the voting system in subclause (3) (system A):

  • “(b) the voting system in subclause (4) (system B).

• “(3) System A—

  • “(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

  • “(b) has the following characteristics:—

    • “(i) there is a first round of voting for all candidates; and

    • “(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

    • “(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

    • “(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

• “(4) System B—

  • “(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

  • “(b) has the following characteristics:

    • “(i) there is only 1 round of voting; and

    • “(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.”

• “(9) This Part applies to a joint committee except that—

  • “(a) the powers to discharge any individual member and appoint another in his or her stead must be exercised by the local authority or public body that made the appointment; and

  • “(b) the quorum at a meeting consists of—

    • “(i) half of the members if the number of members (including vacancies) is even; or

    • “(ii) a majority of members if the number of members (including vacancies) is odd; and

  • “(c) the committee may appoint and remove its own chairperson or deputy chairperson.

• “(10) For the purposes of a public body that is not a local authority, subclauses (8) and (9) apply to the extent that they are not inconsistent with the law applicable to committees of the public body.”

“32A Delegation of power to issue warrants to enforcement officers

• “(1) A local authority may delegate to a committee or member or officer of the local authority the power to issue warrants to enforcement officers.

  “(2) A delegation under subclause (1) may—

  • “(a) limit or restrict the exercise of the power; or

  • “(b) impose conditions on the exercise of the power; or

  • “(c) prohibit, in specified circumstances, the exercise of the power.

  “(3) The local authority must determine the matters in subclause (2) before acting under subclause (1).

  “(4) Clause 32(2) to (8), with all necessary modifications, applies to a delegation made under this clause.

“32B Delegation of powers by officer

• “(1) An officer of a local authority may delegate to any other officer of the local authority 1 or more of his or her powers under this Act or any other enactment except—

  • “(a) the power to delegate under this section; or

  • “(b) any power delegated to the officer under clause 32 that is subject to a prohibition on delegation; or

  • “(c) any power under an enactment where the enactment expressly prohibits the delegation of the power.

  “(2) An officer acting under subclause (1) may include conditions, limitations, or prohibitions in the delegation.

  “(3) An officer to whom any responsibilities, powers, or duties are delegated may, without confirmation by the officer that made the delegation, exercise or perform them in the like manner and with the same effect as if the officer who made the delegation could himself or herself have exercised or performed them.

  “(4) To avoid doubt, no delegation relieves the officer of the liability or legal responsibility to perform or ensure performance of any function or duty.”