Local Government Act 1974

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Reprint
as at 1 January 2010

Local Government Act 1974

Public Act1974 No 66
Date of assent8 November 1974

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Department of Internal Affairs.


Contents

Title

The Commission

7 Deputy Chairman [Repealed]

8 Temporary members [Repealed]

8A Committees [Repealed]

9 Meetings [Repealed]

Functions and powers of Commission

15A Object [Repealed]

17 Regional schemes [Repealed]

29 Conduct of survey [Repealed]

37HB Registers [Repealed]

37I Annual report [Repealed]

37J Commencement [Repealed]

37M Cities [Repealed]

37Q Out-districts [Repealed]

Auckland regional growth strategy

37U Commencement [Repealed]

37Z Term of office [Repealed]

37ZD Commencement [Repealed]

37ZL Date of hearing [Repealed]

Reorganisation proposals

Criteria

37ZQA Criteria [Repealed]

37ZR Boundaries [Repealed]

37ZRA Membership [Repealed]

37ZS Interpretation [Repealed]

Principal local authority

Submissions

Decisions

Appeals

Similar proposals

37ZZO Interpretation [Repealed]

Reviews

37ZZTB Reviews [Repealed]

Reorganisation schemes

Polls

37ZZZI Regulations [Repealed]

Expenditure limits

37ZZZIB Population [Repealed]

37ZZZIG Application [Repealed]

Miscellaneous provisions

37ZZZR Registers [Repealed]

Constitution of districts of territorial authorities

47 Interpretation [Repealed]

51 New cities [Repealed]

54 District Councils [Repealed]

Members other than members of united council

Members of united council

79 Proof of roll [Repealed]

84 Revision of rolls [Repealed]

90 Mayor of borough [Repealed]

92 Election of Mayor [Repealed]

101A Commencement [Repealed]

101B Application [Repealed]

101E Membership [Repealed]

101J Objections [Repealed]

Presiding members of territorial authorities and regional councils

Extraordinary vacancies

101ZF Commencement [Repealed]

Community boards

Procedural matters

Purposes, functions, duties, and powers of community boards

Administrative and other facilities

101ZZD Commencement [Repealed]

102  [Repealed]

103  [Repealed]

104  [Repealed]

105  [Repealed]

106  [Repealed]

107  [Repealed]

108  [Repealed]

109  [Repealed]

110  [Repealed]

111  [Repealed]

112  [Repealed]

113  [Repealed]

114  [Repealed]

114A Commencement [Repealed]

114B Interpretation [Repealed]

Meetings

Conduct of meetings

114J Voting [Repealed]

Procedures at meetings

114M Standing orders [Repealed]

Committees and subcommittees

Conduct of members

115  [Repealed]

116  [Repealed]

117  [Repealed]

118  [Repealed]

119  [Repealed]

119A Commencement [Repealed]

120 General revenues [Repealed]

121 Annual estimates [Repealed]

122A Interpretation [Repealed]

122B Purposes [Repealed]

122I Compliance [Repealed]

122N Funding policy [Repealed]

122Y Commencement [Repealed]

122Z Interpretation [Repealed]

Power to borrow

Procedure for raising loans

Securities and charges

Registration of charges

Receivership

Miscellaneous provisions

143 Separate rates [Repealed]

Rating methods

146 Interpretation [Repealed]

158 Water charges [Repealed]

163 Refuse charges [Repealed]

Lump sum contribution to capital cost of works

164B Interpretation [Repealed]

165 Interpretation [Repealed]

166 Minimum rates [Repealed]

Timber levy

179 Levy on timber [Repealed]

Borrowing

Collection of tax

Application of proceeds of tax

200A Interpretation [Repealed]

223B Commencement [Repealed]

223D Annual plan [Repealed]

223E Annual report [Repealed]

224 Interpretation [Repealed]

225A Interpretation [Repealed]

225F Trustees [Repealed]

229 Interpretation [Repealed]

237 Interpretation [Repealed]

244 Interpretation [Repealed]

247A Commencement [Repealed]

247B General powers [Repealed]

248 Interpretation [Repealed]

Documents

Local archives

264 Interpretation [Repealed]

269 Out-districts [Repealed]

269A Interpretation [Repealed]

284 Reserves policy [Repealed]

304 Bonds [Repealed]

311 Offences [Repealed]

Formation, alteration, stopping, and closing of roads

321 Road access [Repealed]

325 Road widths [Expired]

Limited access roads

Private roads and private ways

Safety provisions as to roads

Contracts and leases relating to ferries

Privately constructed bridges and ferries

Tolls at bridges, tunnels, and ferries

362 Interpretation [Repealed]

370 Appeals [Repealed]

372 Bylaws [Repealed]

Powers of council in regard to waterworks

Supply of water

Supply to persons outside district

Use of water for motive power

Protection of water and waterworks

399 Interpretation [Repealed]

422 Interpretation [Repealed]

Water-race areas

425 Water-race map [Repealed]

Powers of council as to water races

431 Compensation [Repealed]

Water races outside district

Provisions for the protection of water races

Bylaws

Powers of council in respect of sewerage and stormwater drainage

444 Drainage map [Repealed]

Powers of council as to drainage outside district

Private drains

Money payable by owners and occupiers

Drain protection and protective works

471 Interpretation [Repealed]

479 Watercourses [Repealed]

489 Interpretation [Repealed]

Powers of local authority as to trade wastes disposal outside district

Land drainage areas

Control of drainage channels and land drainage works

Powers of councils with respect to land drainage

Removal of obstructions from drainage channels and watercourses

General provisions

Transfer petitions and transfer proposals

Transfer plan

Implementation of transfer plan

518 Interpretation [Repealed]

Supply of energy by territorial authorities

520 Supply of energy [Repealed]

521 Gas reticulation [Repealed]

Supply of energy by regional councils or united councils

Agreements for supply of energy

537 Interpretation [Repealed]

542 Bylaws [Repealed]

543 Grants [Repealed]

549 Interpretation [Repealed]

Development of land for housing

Advances to financial institutions and guarantees of housing loans

571 Insurance fund [Repealed]

Commercial and industrial development

Miscellaneous provisions

Farming

575A Interpretation [Repealed]

Forestry

578 Management plans [Repealed]

586 Forest bylaws [Repealed]

586A Interpretation [Repealed]

Conveyance of passengers and goods

Vehicle-testing stations

Parking places and buildings and transport stations

Information centres and public relations offices

Public relations and public information

Promotion of tourism

593B Tourism [Repealed]

Camping ground accommodation

594A Commencement [Repealed]

Establishment procedures

Principal objective of local authority trading enterprise

Statement of corporate intent

Transfers of undertakings

594ZO Exclusion [Repealed]

594ZQ Interpretation [Repealed]

597A Interpretation [Repealed]

Community centres

604 Interpretation [Repealed]

609 Finance [Repealed]

613 Bylaws [Repealed]

Boat havens

Local and regional reserves

Tree planting, gardens, and lawns

622 Council defined [Repealed]

Dangerous, deserted and dilapidated buildings

[Repealed]

Buildings for public meetings

[Repealed]

627 Interpretation [Repealed]

Apartment buildings and residential institutions

[Repealed]

Fire prevention and safety in factories

636B Interpretation [Repealed]

636L Offences [Repealed]

636M Penalties [Repealed]

Preventing overcrowding

Miscellaneous provisions

644A Interpretation [Repealed]

645 Council defined [Repealed]

646 Fire prevention [Repealed]

Wreck

651 Council defined [Repealed]

Markets and weighing machines

Harbour works and navigation

Telegraphs, telephones, and electric lines

Miscellaneous provisions

661 Stock dips [Repealed]

662 Stock paddocks [Repealed]

675A  [Repealed]

Navigation bylaws

692A Interpretation [Repealed]

692L Interpretation [Repealed]

692R Remuneration [Repealed]

692S Procedure [Repealed]

Application for removal order

692ZC Interpretation [Repealed]

Objection to removal order

Compliance with removal order

Miscellaneous provisions

692ZN Rules of Court [Repealed]

Offences

696 Coat of Arms [Repealed]

Legal proceedings

Recovery of losses incurred by local authorities

General provisions

707B Interpretation [Repealed]

707L Proof of roll [Repealed]

707N Interpretation [Repealed]

Auckland Regional Services Trust

Transfer of specified assets and specified liabilities to trust

707W Taxation [Repealed]

707ZB Exclusions [Repealed]

707ZF Water services [Repealed]

Functions of trust

Elections

Chief executive

Accountability and accounting

Funding

707ZS Funding [Repealed]

Community trust

707ZX Trustees [Repealed]

Achievement of objects

707ZZH Commencement [Repealed]

707ZZL Grants [Repealed]

Accountability and accounting

707ZZZE Annual plan [Repealed]

America's Cup

Dissolution of Auckland Regional Services Trust

707ZZZP Employees [Repealed]

Dissolution of regional treasury management limited

Miscellaneous provisions

707ZZZZA Registers [Repealed]

Transitional provisions

Works on private land

708A Power of entry [Repealed]

Prohibition of vehicles and consumption or possession of liquor in public places

709B Interpretation [Repealed]

709F Public notice [Repealed]

709G Offences [Repealed]

General provisions

710 Authority to act [Repealed]

Special orders

716B Special orders [Repealed]

722 Annual report [Repealed]

723 Regulations [Repealed]

Schedule 4

[Repealed]

Schedule 5

[Repealed]

Schedule 5A

[Repealed]

Schedule 11

[Expired]


An Act to consolidate and amend the law relating to the reorganisation of the districts and functions of local authorities, to make better provision for the administration of those functions which can most effectively be carried out on a regional basis, and to make provision for the establishment of united councils, regional councils, district councils, district community councils, and community councils, and to consolidate and amend the Municipal Corporations Act 1954, the Counties Act 1956, the Local Authorities (Petroleum Tax) Act 1970, and provisions of other Acts of the Parliament of New Zealand relating to the powers and functions of regional councils, united councils, and territorial local authorities

  • The Long Title was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words and to consolidate and amend the Municipal Corporations Act 1954, the Counties Act 1956, the Local Authorities (Petroleum Tax) Act 1970, and provisions of other Acts of the General Assembly relating to the powers and functions of regional councils and territorial local authorities.

  • The Long Title was amended by section 29(2) Constitution Act 1986 (1986 No 114) by substituting the words the Parliament of New Zealand for the words the General Assembly.

1 Short Title and commencement
  • (1) This Act may be cited as the Local Government Act 1974.

    (2) Section 138(2) of this Act and so much of Schedule 3 as relates to the Local Authorities (Petroleum Tax) Act 1970 shall come into force on the 1st day of April 1975.

    (3) Except as provided in subsection (2) of this section, this Act shall come into force on the 1st day of December 1974.

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Act includes Provincial Ordinance

    Act: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Adjusted net capital value, in relation to any district, means the net capital value of the district adjusted under Part 14 of the Rating Powers Act 1988, which Part shall apply as if the territorial authority were a special-purpose authority

    Adjusted net capital value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Adjusted net capital value: this definition was substituted by section 208(1) Rating Powers Act 1988 (1988 No 97).

    Administering authority

    [Repealed]

    Administering authority: this definition was substituted, as from 13 January 1984, by section 2 Local Government Amendment Act 1983 (1983 No 132).

    Administering authority: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Annual plan means a report under section 223D of this Act

    Annual plan: this definition was inserted, as from 27 July 1996, by section 2 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Annual report means a report under section 233E of this Act

    Annual report: this definition was inserted, as from 27 July 1996, by section 2 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Borough

    [Repealed]

    Borough: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Borough: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Borough council

    [Repealed]

    Borough council: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Borough council: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Building consent has the meaning ascribed to it by section 7 of the Building Act 2004

    Building consent: this definition was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

    Building consent: this definition was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words section 7 of the Building Act 2004 for the words section 2 of the Building Act 1991. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

    Capital value has the same meaning as in the Rating Valuations Act 1998

    Capital value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Capital value: this definition was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words Rating Valuations Act 1998 for the words Valuation of Land Act 1951. See sections 55 to 63 for the savings and transitional provisions.

    Chairperson includes the Mayor of a territorial authority and the Chairman of a regional council; and Deputy Chairperson includes a Deputy Mayor or Deputy Chairman

    Chairman: this definition was inserted by section 7(2) Local Government Amendment Act (No 3) 1977).

    Chairperson: this definition was substituted for the definition of Chairman, as from 6 June 1989, by section 2(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Clerk

    [Repealed]

    Clerk: this definition was repealed, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Commercial or industrial purpose means any purpose of commerce, trade, or industry; but does not include any farming purpose; and commercial or industrial allotment and commercial or industrial building have meanings corresponding to the meaning of the term commercial or industrial purpose

    Commercial or industrial purpose: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Commission means the Local Government Commission established under this Act

    Community means a community constituted under section 101ZG of this Act

    Community: this definition was amended, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122), by substituting the expression Part 2 for the expression Part 7.

    Community: this definition was substituted, as from 6 June 1989, by section 2(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Community board means a community board constituted under section 101ZP of this Act

    Community board: this definition was inserted, as from 6 June 1989, by section 2(3) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Community council

    [Repealed]

    Community council was amended, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122), by substituting the expression Part 2 for the expression Part 7.

    Community council: this definition was repealed, as from 6 June 1989, by section 2(3) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Constituency

    • (a) Means a constituency of a region that is under the jurisdiction of a regional council and is established for electoral purposes under this Act; but

    • (b) Does not include any subdivision for electoral purposes of a territorial authority that has the functions, duties, and powers of a regional council:

    Constituency: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Constituency: this definition was substituted, as from 1 July 1992, by section 2(1) Local Government Amendment Act 1992 (1992 No 42).

    Constituent authority, in relation to any constituent district, means the territorial authority having jurisdiction over that constituent district

    Constituent authority: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Constituent district means the district of a territorial authority which is wholly or partly within a region

    Constituent district: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Constituent district: this definition was substituted, as from 1 July 1992, by section 2(2) Local Government Amendment Act 1992 (1992 No 42).

    Construction, in relation to any work authorised by this Act, includes the execution, establishment, constitution, undertaking, or carrying out thereof; and construct has a corresponding meaning

    Construction: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Council means a territorial authority or a regional council, as the case may require

    Council: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Council: this definition was substituted, as from 1 July 1992, by section 2(3) Local Government Amendment Act 1992 (1992 No 42).

    County

    [Repealed]

    County: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    County: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Crown health enterprise

    [Repealed]

    Crown health enterprise: this definition was inserted, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

    Crown Health Enterprise: this definition was repealed, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).

    Debt security has the same meaning as in the Securities Act 1978

    Debt security: this definition was inserted, as from 6 June 1989, by section 2(4) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Director of Maritime New Zealand means the person for the time being holding the office of Director of Maritime New Zealand under section 439 of the Maritime Transport Act 1994

    Director of Maritime New Zealand: this definition was inserted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).

    Director of Maritime Safety

    [Repealed]

    Director of Maritime Safety: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).

    Director of Maritime Safety: this definition was repealed, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).

    District means the district of a local authority; and includes a region

    District Commissioner of Works

    [Repealed]

    District Commissioner of Works: this definition was repealed, as from 1 April 1988, by section 2(1)(a) Local Government Amendment Act 1988 (1988 No 71).

    District community council

    [Repealed]

    District community council: this definition was amended, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122), by substituting the expression Part 2 for the expression Part 7.

    District community council: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    District council means a district council constituted under Part 1A of this Act

    District council: this definition was amended, as from 6 June 1989, by section 2(15)(a) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression Part 1A for the expression Part 2.

    district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000

    District health board: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

    District plan, operative, in relation to a district plan, and proposed plan have the same meaning as in section 2 of the Resource Management Act 1991

    District plan, operative, in relation to a district plan, and proposed plan: this definition was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    District scheme, operative and proposed district scheme

    [Repealed]

    District scheme, operative, and proposed district scheme: these definitions were inserted, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).

    District scheme, operative, and proposed district scheme: these definitions were repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Divided district

    [Repealed]

    Divided district: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Divided district: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Elector means a person qualified to be an elector by virtue of section 23 or 24 of the Local Electoral Act 2001

    Elector: this definition was substituted, as from 17 June 1986, by section 2(1) Local Government Amendment Act 1986 (1986 No 21), and amended, as from 6 June 1989, by section 2(14)(b) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression 101F for the expression section 69.

    Elector: this definition was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by substituting the words section 23 or 24 of the Local Electoral Act 2001 for the words section 101F of this Act. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Engineer, in relation to any council, means the Engineer appointed by the council; and includes any person for the time being appointed by the council to perform the duties of Engineer thereto

    Engineer: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Environment Court means the Environment Court as defined in the Resource Management Act 1991

    Environment Court: this definition was inserted, as from 2 September 1996, pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

    Equity security has the same meaning as in the Securities Act 1978

    Equity security: this definition was inserted, as from 6 June 1989, by section 2(5) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Farm land means land used or intended to be used solely or principally for agricultural or horticultural or pastoral purposes or the keeping of bees or poultry or other livestock; and farming and farming purposes have corresponding meanings

    Farm land: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).

    Final scheme means a final scheme under Part 1 of this Act; and includes a final reorganisation scheme prepared under section 15B of this Act

    Final scheme: this definition was substituted, as from 6 June 1989, by section 2(6) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Financial year means—

    • (a) In relation to any period before the 1st day of April 1990, a period of 12 months ending with the 31st day of March:

    • (b) In relation to the period commencing on the 1st day of April 1990 and ending with the 30th day of June 1990, that period of 3 months:

    • (c) In relation to any period commencing on or after the 1st day of July 1990, a period of 12 months ending with the 30th day of June:

    Financial year: this definition was substituted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Financial year: this definition was substituted, as from 6 June 1989, by section 2(7) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Formation, in relation to any road, has the same meaning as the construction of the road, and includes gravelling, metalling, sealing, or permanently surfacing the road; and form has a corresponding meaning

    Formation: this definition was inserted, as from 29 April 1985, by section 2(1) Local Government Amendment Act 1985 (1985 No 60).

    General election means the triennial general election or a general election of members of a territorial authority or regional council held under the Local Electoral Act 2001

    General election: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    General election: this definition was substituted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    General revenues, in relation to a local authority, means all the funds received or receivable by a local authority, excluding loan money under Part 3 of the Local Authorities Loans Act 1956

    General revenues: this definition was inserted, as from 1 July 1992, by section 2(4) Local Government Amendment Act 1992 (1992 No 42).

    Generally accepted accounting practice means—

    • (a) Approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) so far as those standards apply to local authorities or local authority trading enterprises, as the case may be; and

    • (b) In relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) and which are not subject to any applicable rule of law, accounting policies that—

      • (i) Are appropriate to the local authority or local authority trading enterprise, as the case may be; and

      • (ii) Have authoritative support within the accounting profession in New Zealand:

    Generally accepted accounting practice: this definition was inserted, as from 27 July 1996, by section 2 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Government road means a Government road declared as such under any Act

    Government road: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).

    Hospital and health service

    [Repealed]

    Hospital and health service: this definition was inserted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).

    Hospital and health service: this definition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Laying out, in relation to any road, means the legal and survey actions necessary to enable the road to be formed; but does not include the formation of the road

    Laying out: this definition was inserted, as from 29 April 1985, by section 2(2) Local Government Amendment Act 1985 (1985 No 60).

    local authority has the same meaning as in section 5(1) of the Local Government Act 2002

    Local authority: this definition was substituted, as from 25 September 1989, by section 2 Local Government Amendment Act (No 3) 1989 (1989 No 72).

    Local authority: paragraph (b) of this definition was substituted, as from 1 November 1995, by section 31 Chatham Islands Council Act 1995 (1995 No 41).

    Local authority: this definition was substituted, as from 7 July 2004, by section 3(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64).

    Maritime facilities includes moorings, wharves, docks, quays, marinas, areas, or places where vessels are maintained, launching ramps, and other launching facilities

    Maritime facilities: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).

    Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994.

    Maritime New Zealand: this definition was inserted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).

    Maritime rules means maritime rules made under the Maritime Transport Act 1994

    Maritime rules: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).

    Maritime Safety Authority

    [Repealed]

    Maritime Safety Authority: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).

    Maritime Safety Authority: this definition was repealed, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

    medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Member, in relation to any local authority, includes any Chairperson or Mayor

    Member : this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Member: this definition was substituted, as from 6 June 1989, by section 2(9) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Minister means the Minister of Local Government

    Navigational aid has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994

    Navigational aid: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment (No 2) 1999 (1999 No 24).

    Navigational bylaws means bylaws made under section 684B

    Navigational bylaws: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment (No 2) 1999 (1999 No 24).

    Net capital value, in relation to any district, means the total of the capital value of all the rateable property in the district and the value of all property in the district in respect of which the local authority receives grants in lieu of rates

    Net capital value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Occupier, in relation to any property, means the inhabitant occupier of that property

    Occupier: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Out-district

    [Repealed]

    Out-district: this definition was amended, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43), by substituting the expression section 269 for the expression section 626.

    Out-district: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Owner, in relation to any property, means the person entitled to receive the rack rent thereof, or who would be so entitled if the property were let to a tenant at a rack rent

    Owner: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Parliamentary elector means any person lawfully registered as an elector under the Electoral Act 1956

    Parliamentary elector: this definition was inserted, as from 17 June 1986, by section 2(2) Local Government Amendment Act 1986 (1986 No 21).

    Planning Tribunal

    [Repealed]

    Planning Tribunal: this definition was inserted, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).

    Planning Tribunal: this definition was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Planning Tribunal: this definition was repealed, as from 2 September 1996, pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

    Pleasure craft has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994

    Pleasure craft: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment (No 2) 1999 (1999 No 24).

    Polling day means the day appointed for holding an election or poll

    Polling day: this definition was inserted, as from 17 June 1986, by section 2(3) Local Government Amendment Act 1986 (1986 No 21).

    Pollutant means anything which contaminates water so as to change its physical or chemical or biological condition in such a manner as to make it unclean, noxious, or impure, or as to be detrimental to the health, safety, or welfare of persons using the water, or as to render the water undrinkable; and pollute has a corresponding meaning

    Pollutant: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Principal administrative officer means, in relation to a local authority, the principal administrative officer of the local authority irrespective of the designation given to that officer; and includes any person for the time being appointed by the local authority to perform the duties or a particular duty of the principal administrative officer

    Principal administrative officer: this definition was substituted, as from 6 June 1989, by section 2(10) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Principal authority

    [Repealed]

    Principal authority: this definition was repealed, as from 25 November 1976, by section 7(2)(a) Local Government Amendment Act 1976 (1976 No 55).

    Principal local authority, in relation to a reorganisation proposal, means the local authority agreed on, or designated, under section 37ZY of this Act, as the principal local authority in relation to that proposal

    Principal local authority: this definition was inserted, as from 6 June 1989, by section 2(10) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Property includes all real estate, and all personal estate, chattels, and effects, and all money and rates, whether in possession or reversion or recoverable by action or other legal proceeding, and the benefit of any contract or engagement, and every matter or thing the subject of property

    Property: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Public notice means—

    • (a) A notice published in a newspaper circulating generally in the district to which the subject-matter of the notice relates; or

    • (b) Where there is no newspaper circulating generally in any district, a notice published on placards affixed to public places in the district to which the subject-matter of the notice relates;—

    and published and publicly notified have corresponding meanings. A public notice setting forth the object, purport, or general effect of a document shall in any case be sufficient notice of that document

    Public notice: this definition was substituted, as from 1 July 1992, by section 2(5) Local Government Amendment Act 1992 (1992 No 42).

    Public office or office means, in relation to any local authority, its principal or only public office

    Public office: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Public office: this definition was substituted, as from 6 June 1989, by section 2(11) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Public work means any public work within the meaning of the Public Works Act 1981:

    Public work: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Rate records means rate records under the Rating Powers Act 1988

    Rate records: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Rate records: this definition was substituted by section 208 Rating Powers Act 1988 (1988 No 97).

    Rateable value, in relation to any property, means its rateable value within the meaning of the Rating Powers Act 1988

    Rateable value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Rateable value: this definition was substituted by section 208 Rating Powers Act 1988 (1988 No 97).

    Ratepayer, in relation to any property, means a person whose name appears for the time being in the Occupiers column of the rate record for that property

    ratepayer: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Rating qualification

    [Repealed]

    Rating qualification: this definition was repealed, as from 17 June 1986, by section 2(4) Local Government Amendment Act 1986 (1986 No 21).

    Region means a region in respect of which—

    • (a) A regional council is constituted; or

    • (b) A territorial authority has, pursuant to section 37N, authority to exercise the functions, duties, and powers of a regional council:

    Region: this definition was amended, as from 17 June 1986, by section 2(1) Local Government Amendment Act (No 2) 1986 (1986 No 24) by inserting the words ; and includes the Auckland Regional Authority to the extent specified in section 707A of this Act.

    Region: this definition was amended, as from 1 November 1989, by section 2(15)(c) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression Part 2 for the expression Part 1A.

    Region: this definition was substituted, as from 1 July 1992, by section 2(6) Local Government Amendment Act 1992 (1992 No 42).

    Region: this definition was substituted, as from 28 July 1997, by section 2(1) Local Government Amendment Act 1997 (1997 No 49).

    regional council

    Regional council: this definition was amended, as from 17 June 1986, by section 2(2) Local Government Amendment Act (No 2) 1986 (1986 No 24) by inserting the words ; and includes the Auckland Regional Authority to the extent specified in section 707A of this Act.

    Regional council: this definition was substituted, as from 1 July 1992, by section 2(7) Local Government Amendment Act 1992 (1992 No 42).

    Regional council: this definition was amended, as from 29 April 1999, by section 2(2) Local Government Amendment Act (No 2) 1999 (1999 No 24) by inserting the words ; and, in Part 39A and in sections 684C to 684F, includes the Chatham Islands Council.

    Regional council: this definition was substituted, as from 7 July 2004, by section 3(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64).

    Regional planning scheme has the same meaning as in section 2(1) of the Town and Country Planning Act 1977

    Regional planning scheme: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).

    Regional road

    [Repealed]

    Regional road: this definition was amended, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43) by substituting the expression Part 22 for the expression Part 18.

    Regional road: this definition was repealed, as from 1 July 1992, by section 2(8) Local Government Amendment Act 1992 (1992 No 42).

    Regional scheme

    [Repealed]

    Regional scheme: this definition was inserted, as from 1 April 1978, by section 4(2) Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Regional scheme: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Reorganisation scheme means a reorganisation scheme within the meaning of section 37ZZA or section 37ZZZA of this Act:.

    Reorganisation scheme: this definition was inserted, as from 1 April 1978, by section 4(2) Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Reorganisation scheme: this definition was amended, as from 23 July 1988, by section 2 Local Government Amendment Act (No 3) 1988 (1988 No 109) by inserting the words section 15B or.

    Reorganisation scheme: this definition was amended, as from 6 June 1989, by section 2(15)(d) Local Government Amendment Act (No 2) 1989 (1989 No 29) by inserting the words a reorganisation scheme within the meaning of section 37ZZE of this Act; and also includes.

    Reorganisation scheme: this definition was substituted, as from 1 July 1994, by section 2(1) Local Government Amendment Act 1994 (1994 No 68).

    Residential qualification

    [Repealed]

    Residential qualification: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Residential qualification: this definition was repealed, as from 17 June 1986, by section 2(4) Local Government Amendment Act 1986 (1986 No 21).

    Riding

    [Repealed]

    Riding: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Riding: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Road has the meaning defined in section 315 of this Act

    Road: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Rural area means an area zoned rural in a proposed or an operative district plan

    Rural area: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).

    Rural area: this definition was amended, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69) by substituting the words district plan for the words district scheme.

    Secretary means the Secretary for Local Government

    Scheme

    [Repealed]

    Scheme: this definition was substituted, as from 1 April 1978, by section 4(2) Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Scheme: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Ship has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994

    Ship: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).

    special consultative procedure means the procedure set out in section 83 of the Local Government Act 2002

    Special consultative procedure: this definition was inserted, as from 6 June 1989, by section 2(12) Local Government Amendment Act 1989 (1989 No 29).

    Special consultative procedure: this definition was substituted, as from 7 July 2004, by section 3(3) Local Government Act 1974 Amendment Act 2004 (2004 No 64).

    Special order

    [Repealed]

    Special order: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act 1977 (1977 No 122).

    Special order: this definition was substituted, as from 1 July 1992, by section 2(9) Local Government Amendment Act 1992 (1992 No 42).

    Special order: this definition was repealed, as from 7 July 2004, by section 3(4) Local Government Act 1974 Amendment Act 2004 (2004 No 64).

    State highway means a State highway declared under section 60 of the Government Roading Powers Act 1989

    Subdivision

    [Repealed]

    Subdivision: this definition was inserted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1980 (1980 No 59).

    Subdivision: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002

    Territorial authority: this definition was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Territorial authority: this definition was amended, as from 14 January 1983, by section 28(1) Local Government Amendment Act (No 2) 1982 (1982 No 166) by omitting the words or to land in the County of Fiord.

    Territorial authority: this definition was substituted, as from 6 June 1989, by section 2(13) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Territorial authority: this definition was substituted, as from 1 July 1992, by section 2(10) Local Government Amendment Act 1992 (1992 No 42).

    Territorial authority: this definition was substituted, as from 1 July 1994, by section 2(2) Local Government Amendment Act 1994 (1994 No 68).

    Territorial authority: paragraph (b)(i) of this definition was substituted, as from 1 November 1995, by section 31(2) Chatham Islands Council Act 1995 (1995 No 41).

    Territorial authority: this definition was substituted, as from 7 July 2004, by section 3(5) Local Government Act 1974 Amendment Act 2004 (2004 No 64).

    Territorial authority district means a district in respect of which a territorial authority is constituted; and, in relation to land in respect of which the Minister of Local Government is the territorial authority, means that land

    Territorial authority district: this definition was inserted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Territorial authority district: this definition was amended, as from 1 April 1988, by section 2(1)(d) Local Government Amendment Act 1988 (1988 No 71) by substituting the words Minister of Local Government for the words Minister of Works and Development.

    Territorial authority district: this definition was substituted, as from 1 July 1992, by section 2(11) Local Government Amendment Act 1992 (1992 No 42).

    Treasurer, in relation to any council, means the Treasurer appointed by the council; and includes any person for the time being appointed by the council to perform the duties of Treasurer thereto

    Treasurer: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Undivided district

    [Repealed]

    Undivided district: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Undivided district: this definition was repealed, as from 1 November 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    United council

    [Repealed]

    United council: this definition was repealed, as from 6 June 1989, by section 2(17) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Upgrading, in relation to any road, includes any change to the composition, width, or surfacing of the road

    Upgrading: this definition was inserted, as from 29 April 1985, by section 2(3) Local Government Amendment Act 1985 (1985 No 60).

    Valuation roll, in relation to any district, means the valuation roll for the district prepared under section 7 of the Rating Valuations Act 1998 and approved by the Valuer-General under section 11 of that Act

    Valuation roll: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act 1977 (1977 No 122).

    Valuation roll: this definition was substituted, as from 29 June 1988, by section 208(1) Rating Powers Act 1988 (1988 No 97).

    Valuation roll: this definition was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words section 7 of the Rating Valuations Act 1998 and approved by the Valuer-General under section 11 of that Act for the words section 28 of the Valuation of Land Act 1951. See sections 55 to 63 for the savings and transitional provisions.

    Ward means a subdivision, for electoral purposes, of the district of a territorial authority

    Ward: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122)

    Ward: this definition was substituted, as from 1 July 1992, by section 2(12) Local Government Amendment Act 1992 (1992 No 42).

    Working day means any day of the week other than—

    • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

    • (b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.

    Working day: this definition was inserted, as from 6 June 1989, by section 2(14) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    (2) The Governor-General may, from time to time, by Order in Council,—

    • (a) Add to, or omit from, Schedule 1 to this Act, or any Part thereof, the name of any class of local authority or the name of any specified local authority:

    • (b) Otherwise amend Schedule 1 to this Act, or revoke any such Schedule or any Part of any such Schedule, and substitute a new Schedule or a new Part, as the case may require.

    (3) [Repealed]

    (4) For the purposes of this Act, any 2 or more districts or communities shall be deemed to be adjoining districts or communities and any area shall be deemed to adjoin a district or community or another area, notwithstanding that they may be separated by a public highway, any railway, any watercourse (whether natural or artificial), any harbour, the sea, or any other natural or artificial feature

    (5) For the purposes of this Act, the certificate of the Government Statistician as to the population of any district or area or the electoral population of any general electoral district, Maori electoral district, district, or area at any date shall be conclusive evidence thereof.

    (6) Every provision of this Act vesting any land in a territorial authority shall, in the case of land situated in a territorial authority district of which the Minister of Local Government is the territorial authority, be read as a provision vesting the land in the Crown.

    Compare: 1967 No 134 s 2

    State highway: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43), and amended by section 116(4) Transit New Zealand Act 1989 (1989 No 75).

    Section 2(1) State highway: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Subsection (2) was inserted, as from 6 June 1989, by section 2(18) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (3) was repealed, as from 6 June 1989, by section 2(18) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (4) was amended, as from 25 November 1976, by section 3(1) Local Government Amendment Act 1976 (1976 No 55) by omitting the words and in the case of districts of territorial authorities, notwithstanding that they may be separated by the whole or part of not more than one other district of a territorial authority.

    Subsection (5) was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (5) was amended, as from 17 June 1986, by section 2(3) Local Government Amendment Act (No 2) 1986 (1986 No 24) by inserting the words or the electoral population of any general electoral district, Maori electoral district, district, or area.

    Subsection (6) was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Subsection (6) was amended, as from 1 April 1988, by section 2(2) Local Government Amendment Act 1988 (1988 No 71) by substituting the words Minister of Local Government for the words Minister of Works and Development.

2A Functions, powers, and duties of Minister of Local Government
  • [Repealed]

    Section 2A was inserted, as from 1 April 1978, by section 3 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 2A was substituted, as from 1 April 1980, by section 3 Local Government Amendment Act 1979 (1979 No 59).

    Section 2A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

2B Secretary for Local Government
  • [Repealed]

    Section 2B was inserted, as from 12 December 1979, by section 3 Local Government Amendment Act 1979 (1979 No 59).

    Section 2B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 1
The Local Government Commission

  • Part 1 (comprising sections 3 to 37I) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

  • Sections 3 to 14 were repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

  • Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

The Commission

3 Local Government Commission
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Subsections (2) and (2A) were substituted, as from 30 March 1985, by section 3 Local Government Amendment Act 1985 (1985 No 60).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

4 Term of office of members
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 4 was substituted, as from 30 March 1985, by section 4 Local Government Amendment Act 1985 (1985 No 60).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

5 Extraordinary vacancies
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

6 Deputies of members
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 6 was substituted, as from 30 March 1985, by section 5 Local Government Amendment Act 1985 (1985 No 60).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

7 Deputy Chairman
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Subsection (2) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60), by omitting the words Subject to section 6 of this Act,.

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

8 Temporary members
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 8 was substituted, as from 30 March 1985, by section 6 Local Government Amendment Act 1985 (1985 No 60).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

8A Committees
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 8A was inserted, as from 30 March 1985, by section 6 Local Government Amendment Act 1985 (1985 No 60).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

9 Meetings
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 9 was substituted, as from 30 March 1985, by section 6 Local Government Amendment Act 1985 (1985 No 60).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

10 Remuneration, allowances, and expenses
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 10 was substituted, as from 14 August 1986, by section 2(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

11 Commission may co-opt specialist advice
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 11 was amended, as from 19 January 1981, by section 3 Local Government Amendment Act 1980 (1980 No 82), by substituting the words by the Commission for the words under this Part of this Act.

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

11A Power of Commission to engage consultants
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 11A was inserted, as from 23 July 1988, by section 5 Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

12 Officers of Commission
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 12 was amended, as from 19 January 1981, by section 4 Local Government Amendment Act 1980 (1980 No 82), by substituting the words to enable the Commission to carry out and exercise its functions, duties, and powers for the words for the purposes of this Part of this Act.

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

13 Commission to be a Commission of Inquiry
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 13 was repealed, as from 6 June 1989, by section (4)(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

14 Evidence in proceedings before Commission
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Functions and powers of Commission

15 Functions of Commission
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Paragraph (1)(e) was inserted, as from 19 January 1981, by section 5 Local Government Amendment Act 1980 (1980 No 82).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

15A Object
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

15B Duty of Commission to prepare final reorganisation schemes
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

15C Power of Commission to confirm, in respect of any part of New Zealand, the existing system of local government
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

15D Commission's obligation to give priority to preparation of final reorganisation schemes
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

15E Procedures for preparing final reorganisation schemes
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15A to 15E were inserted, as from 23 July 1988, by section 6 Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

16 Commission may direct investigations
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

17 Regional schemes
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

18 Procedure for preparation of regional schemes
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

19 Holding of public meetings
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

20 Notice of provisional regional scheme
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

21 Objections to provisional regional scheme
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

22 Final regional scheme
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

23 Notice of final regional scheme
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

24 Minister may refer final scheme back to Commission for reconsideration
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

25 Matters which may be included in reorganisation schemes
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Paragraph (ga) was inserted, as from 19 January 1981, by section 6 Local Government Amendment Act 1980 (1980 No 82).

    Paragraph (j) was amended, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43), by substituting the words section 265 for the words section 602.

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

26 Initiation of reorganisation schemes
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Subsection (3)(b)(v) was inserted, as from 19 January 1981, by section 7 Local Government Amendment Act 1980 (1980 No 82).

    Subsection (3)(b)(ii) and (iii) were amended, as from 1 April 1988, by section 3 Local Government Amendment Act 1988 (1988 No 71).

    Subsection (3)(b)(vi) was inserted, as from 1 April 1988, by section 67(1) Local Government Amendment Act 1988 (1988 No 71).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

26A Commission may decide not to proceed with proposal
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 26A was inserted, as from 19 January 1981, by section 8 Local Government Amendment Act 1980 (1980 No 82).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

27 Commission to endeavour to negotiate agreements
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Subsections (1) and (2) were substituted, as from 19 January 1981, by section 9 Local Government Amendment Act 1980 (1980 No 82).

    Subsection (2A) was inserted, as from 19 January 1981, by section 9 Local Government Amendment Act 1980 (1980 No 82).

    Subsection (9)(a) was amended, as from 30 March 1985, by section 7 Local Government Amendment Act 1985 (1985 No 60), by inserting the words including a statement as to whether or not any alteration to the boundaries of any districts is agreed to by all the territorial authorities affected.

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

28 Electors may request survey to ascertain extent of public opposition to proposal
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 28 to 31 were substituted, as from 30 March 1985, by section 8 Local Government Amendment Act 1985 (1985 No 60).

    Subsection (2)(a), (b), (c), and (d) were amended, as from 17 June 1986, by section 3(1) Local Government Amendment Act 1986 (1986 No 21), by inserting the words on the roll.

    Subsection (3) was substituted, as from 17 June 1986, by section 3(2) Local Government Amendment Act 1986 (1986 No 21).

    Subsection (12)(a) was repealed, as from 17 June 1986, by section 3(3) Local Government Amendment Act 1986 (1986 No 21).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

29 Conduct of survey
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 28 to 31 were substituted, as from 30 March 1985, by section 8 Local Government Amendment Act 1985 (1985 No 60).

    Subsections (4) and (5) was amended, as from 17 June 1986, by section 4 Local Government Amendment Act 1986 (1986 No 21), by substituting the expression 65 for the expression 49.

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

30 Action to be taken after survey taken
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 28 to 31 were substituted, as from 30 March 1985, by section 8 Local Government Amendment Act 1985 (1985 No 60).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

31 Fate of proposal after survey
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 28 to 31 were substituted, as from 30 March 1985, by section 8 Local Government Amendment Act 1985 (1985 No 60).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

32 Public notice of provisional reorganisation scheme
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

33 Objections to provisional reorganisation scheme
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

34 Final reorganisation scheme
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

35 Supplementary provisions for giving effect to schemes
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section (1A) was inserted, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).

    Subsection (3)(b) was amended, as from 30 March 1985, by section 9 Local Government Amendment Act 1985 (1985 No 60), by inserting the words this Act or.

    Subsection (4) was amended, as from 23 July 1988, by section 7 Local Government Amendment Act (No 3) 1988 (1988 No 109), by substituting the words by a local authority for the words by a united council or regional council.

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

36 Effect to be given to final scheme
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37 Provisions to be included in Order in Council
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37A Appeal against determination of Commission
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 37A was amended, as from 19 January 1981, by section 10 Local Government Amendment Act 1980 (1980 No 82), by inserting the words (whether conducted under the authority of this Act or any other Act).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37B Exercise of powers conferred by this Part not affected by provisions of other Acts
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37C Powers of local authority on which jurisdiction conferred for purposes of scheme
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37D Effect of inclusion of district or part thereof in another district
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37E Apportionment of assets and liabilities
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by omitting the words the Municipal Corporations Act 1956 or in.

    Section 37E was substituted, as from 23 July 1988, by section 8 Local Government Amendment Act 1988 (1988 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37F Apportionment of loan liabilities
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Subparagraph (1)(a)(iii) was substituted, as from 23 July 1988, by section 9(1) Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Subsection (1) was amended, as from 23 July 1988, by section 9(2) Local Government Amendment Act (No 3) 1988 (1988 No 109), by omitting the words of the abolished local authority.

    Subsection (12A) was inserted, as from 14 January 1982, by section 2 Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37G Apportionment of petroleum tax revenue
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37H Payment on transfer of trading undertaking
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Section 37H was substituted, as from 23 July 1988, by section 10 Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37HA Certain matters not affected by transfer of functions, duties, or powers
  • [Repealed]

    Sections 37HA and 37HB were inserted, as from 23 July 1988, by section 10 Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37HB Registers
  • [Repealed]

    Sections 37HA and 37HB were inserted, as from 23 July 1988, by section 10 Local Government Amendment Act (No 3) 1988 (1988 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37I Annual report
  • [Repealed]

    Part 1, comprising sections 3 to 37I, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 2) 1977 (1977 No 109).

    Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 1A
Purposes and structure of local government

  • Part 1A (comprising sections 37J to 37T) was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37J Commencement
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37K Purposes of local government
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37L Structure of local government
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37M Cities
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37N Unitary authorities
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37N was substituted, as from 1 July 1992, by section 3 Local Government Amendment Act 1992 (1992 No 42).

    Section 37N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37O Regional boundaries
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1) was substituted, as from 1 July 1992, by section 4 Local Government Amendment Act 1992 (1992 No 42).

    Section 37O was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37P Territorial authority boundaries
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (4) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by inserting the words or the commencement date of the Resource Management Act 1991.

    Subsection (5) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) (as amended by section 76 Resource Management Amendment Act 1997 (1997 No 104)) by inserting the words (whether lawfully or unlawfully), and by omitting the words under any authority conferred after 1 April 1978 by or pursuant to any Act.

    Section 37P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37Q Out-districts
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37Q was repealed, as from 1 July 1992, by section 5 Local Government Amendment Act 1992 (1992 No 42).

37R Minister of Local Government to be territorial authority
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37R was substituted, as from 1 July 1994, by section 3 Local Government Amendment Act 1994 (1994 No 68).

    Section 37R was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37RA Minister of Conservation to have certain powers of regional council and territorial authority
  • [Repealed]

    Section 37RA was inserted, as from 1 July 1994, by section 3 Local Government Amendment Act 1994 (1994 No 68).

    Section 37RA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37S Functions of regional councils
  • [Repealed]

    Part 1A, (comprising sections 37J to 37T), was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting para (d), repealing para (e), and omitting the expression and the Water and Soil Conservation Act 1967 from para (f).

    Subsection (1) was substituted, as from 1 July 1992, by section 6 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (1)(b) was substituted, as from 1 October 1993, by section 168(1) Biosecurity Act 1993 (1993 No 95).

    Subsection (1)(c) was repealed, as from 1 October 1993, by section 168(1) Biosecurity Act 1993 (1993 No 95).

    Subsection (1)(e) was substituted, as from 29 April 1999, by section 3 Local Government Amendment Act (No 2) 1999 (1999 No 24).

    Subsection (1)(f) was substituted, as from 1 February 1995, by section 479 Maritime Transport Act 1994 (1994 No 104). See regulation 2 Maritime Transport Act Commencement Order 1994 (SR 1994/272).

    Subsection (1)(g) was repealed, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.

    Subsection (1)(h) was amended, as from 25 July 1995, by section 2 Local Government Amendment Act (No 2) 1995 (1995 No 40) by substituting the words , the Transport Services Licensing Act 1989, and the Land Transport Act 1993 for the words and the Transport Services Licensing Act 1989.

    Subsection (1)(h) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words the Land Transport Act 1998 for the words the Land Transport Act 1993.

    Section 37S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37SA Further provisions relating to functions of regional councils
  • [Repealed]

    Sections 37SA to 37SD were inserted, as from 1 July 1992, by section 7 Local Government Amendment Act 1992 (1992 No 42).

    Section 37SA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37SB Hazardous waste management
  • [Repealed]

    Sections 37SA to 37SD were inserted, as from 1 July 1992, by section 7 Local Government Amendment Act 1992 (1992 No 42).

    Section 37SB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37SC Transfer of functions, duties, etc
  • [Repealed]

    Sections 37SA to 37SD were inserted, as from 1 July 1992, by section 7 Local Government Amendment Act 1992 (1992 No 42).

    Section 37SC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37SD Revocation of transfer of functions, duties, etc
  • [Repealed]

    Sections 37SA to 37SD were inserted, as from 1 July 1992, by section 7 Local Government Amendment Act 1992 (1992 No 42).

    Section 37SD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Auckland regional growth strategy

37SE Auckland regional growth strategy
  • (1) The Auckland Regional Council must prepare and adopt a regional growth strategy for its region.

    (2) The objective of the strategy for the Auckland Region will be to ensure growth is accommodated in a way that meets the best interests of the inhabitants of the Auckland Region.

    (3) The regional growth strategy prepared under this section may include (but need not be limited to)—

    • (a) Identification of the anticipated and preferred locations of growth within the Auckland Region:

    • (b) A statement of key values for considering growth issues:

    • (c) Information about future growth to assist regional providers of infrastructure to plan to meet future requirements:

    • (d) Such other matters as are considered appropriate.

    (4) A regional growth strategy must not be inconsistent with any regional policy statement that is for the time being in force under the Resource Management Act 1991 or any proposed regional policy statement under that Act.

    (5) The Auckland Regional Council may amend the regional growth strategy from time to time to reflect any significant change in the circumstances that existed when the strategy was prepared or was last amended.

    Section 37SE and the heading Auckland Regional Growth Strategy were inserted, as from 30 July 1998, by section 7 Local Government Amendment Act 1998 (1998 No 89).

37SF Copies of regional growth strategy
  • The Auckland Regional Council, once a regional growth strategy, or any amendment to a regional growth strategy, has been adopted by it,—

    • (a) Must make that strategy or amendment available for public inspection at the offices of the Auckland Regional Council and at such other places as the Regional Council appoints in the area to which the strategy or amendment applies; and

    • (b) Must make copies of that strategy or amendment available to the public—

      • (i) Free of charge; or

      • (ii) At a reasonable charge; and

    Sections 37SF to 37SH were inserted, as from 30 July 1998, by section 7 Local Government Amendment Act 1998 (1998 No 89).

    Paragraph (c) was amended, as from 1 July 2004, by section 47 Local Government (Auckland) Amendment Act 2004 (2004 No 57) by substituting the words the Auckland Regional Transport Authority (as established by section 7 of the Local Government (Auckland) Amendment Act 2004), Auckland Regional Holdings (as established by section 18 of the Local Government (Auckland) Amendment Act 2004), for the words Infrastructure Auckland (as established by section 707ZZJ).

37SG Regional growth forum
  • (1) The Auckland Regional Council must establish a regional growth forum under this section for its region.

    (2) The regional growth forum is to consist of such persons as may from time to time be appointed by the Auckland Regional Council, and, in making such appointments, the Auckland Regional Council may appoint such persons as it considers to be suitable.

    (3) The persons appointed under subsection (2) must include (but are not to be limited to) representatives of—

    • (a) The Auckland Regional Council:

    • (b) All of the territorial authorities wholly or partly within the region.

    (4) The function of the regional growth forum is to advise on and approve the regional growth strategy prepared under section 37SE and any amendment to that strategy before any such strategy or amendment is adopted by the Auckland Regional Council.

    (5) The provisions of this Act and the Local Government Official Information and Meetings Act 1987 relating to the meetings of committees of regional councils, so far as they are applicable and with the necessary modifications, apply in respect of meetings of the regional growth forum.

    Sections 37SF to 37SH were inserted, as from 30 July 1998, by section 7 Local Government Amendment Act 1998 (1998 No 89).

37SH Consultation
  • (1) The preparation and adoption of the regional growth strategy or any amendment to that strategy, must be carried out by the Auckland Regional Council in accordance with the special consultative procedure.

    (2) The Auckland Regional Council may require from any territorial authority within its region such information as the Auckland Regional Council considers it requires in order to properly perform its functions under this Act in relation to that strategy; and the territorial authority must supply promptly the information required.

    (3) Anything done by the Auckland Regional Council before the commencement of the Local Government Amendment Act 1998 in relation to the preparation of the regional growth strategy (including, but not limited to, the public release of a draft regional growth strategy in July 1998) which, if it had been done after the commencement of that Act, would have been done in accordance with section 37SE and the special consultative procedure, is to be treated as if it had been done in accordance with that section and procedure.

    Sections 37SF to 37SH were inserted, as from 30 July 1998, by section 7 Local Government Amendment Act 1998 (1998 No 89).

37T Functions of territorial authorities
  • [Repealed]

    Part 1A, comprising sections 37J to 37T, was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2A
Local Government Commission

[Repealed]

  • Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

  • Part 2A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37U Commencement
  • [Repealed]

    Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37V Local Government Commission
  • [Repealed]

    Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37W Functions of Commission
  • [Repealed]

    Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37W was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37X Commission to report to Minister
  • [Repealed]

    Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37Y Membership of Commission
  • [Repealed]

    Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37Z Term of office
  • [Repealed]

    Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (3) was inserted, as from 10 September 1999, by section 2 Local Government Amendment (No 4) Act 1999 (1999 No 108).

    Section 37Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZA Deputies of members
  • [Repealed]

    Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZB Temporary members
  • [Repealed]

    Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZC Further provisions applying in respect of Commission
  • [Repealed]

    Part 2A, comprising sections 37U to 37ZC, was inserted, as from 1 November 1989, by section 7(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2AA
Appeals against decisions of commission

[Repealed]

  • Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

  • Part 2AA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZD Commencement
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZE Appeal against decision of Commission on question of law
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (2) was substituted, as from 15 August 1991, by section 3(4) Judicature Amendment Act 1991 (1991 No 60).

    Section 37ZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZF Notice of appeal
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZG Right to appear and be heard on appeals
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZH Orders relating to determination of appeals
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZI Dismissal of appeal
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZJ Appeal in respect of additional points of law
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZK Extension of time
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZL Date of hearing
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZM Restriction on appeals
  • [Repealed]

    Part 2AA, comprising sections 37ZD to 37ZM, was inserted, as from 1 November 1989, by section 8(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 37ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2B
Initiation of reorganisation proposals

[Repealed]

  • Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

  • A new Part 2B, comprising sections 37ZN to 37ZR, was substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

  • Part 2B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Reorganisation proposals

37ZN Matters that may be included in reorganisation proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZO Initiation of reorganisation proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZP Procedure for initiation of reorganisation proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZQ Contents of reorganisation proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZQ was substituted, as from 1 July 1994, by section 4 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Criteria

37ZQA Criteria
  • [Repealed]

    Section 37ZQA and the preceding heading were inserted, as from 1 July 1994, by section 5 Local Government Amendment Act 1994 (1994 No 68)

    Section 37ZQA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZR Boundaries
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZR was substituted, as from 1 July 1994, by section 5 Local Government Amendment Act 1994 (1994 No 68)

    Section 37ZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZRA Membership
  • [Repealed]

    Section 37ZRA was inserted, as from 1 July 1994, by section 5(1) Local Government Amendment Act 1994 (1994 No 68)

    Section 37ZRA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2BA
Consideration of proposals for boundary alterations and transfer of functions

[Repealed]

  • Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

  • A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

  • New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

  • Parts 2BA to 2BC were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZS Interpretation
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZT Action required on receipt of reorganisation proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZU Relevant criteria
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZU was repealed, as from 1 July 1994, by section 5(2) Local Government Amendment Act 1994 (1994 No 68).

Principal local authority

37ZV Designation of principal local authority
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZV was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZW Duties of principal local authority
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZW was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Submissions

37ZX Submissions in relation to draft reorganisation scheme
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZX was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZY Power to appoint committee to consider submissions
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZY was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZ Consideration and hearing of submissions
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Decisions

37ZZA Decisions in relation to draft reorganisation scheme
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZB Procedure where no submissions received
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Appeals

37ZZC Appeal against decision of principal local authority
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZD Notice of appeal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZE Right to appear and be heard on appeals
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZF Orders relating to determination of appeals
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZG Dismissal of appeal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZH Appeal in respect of additional matters
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZI Extension of time
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZJ Date of hearing
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZK Hearing and determination of appeal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZL Power to refer appeal back for reconsideration
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZM Notice of decision on appeal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZMA Procedure after appeal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZMA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZN Provisions pending determination of appeal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Similar proposals

37ZZNA Power to decline to consider reorganisation proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZNA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2BB
Consideration of proposals for new districts

[Repealed]

  • Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

  • A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

  • New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

  • Parts 2BA to 2BC were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZO Interpretation
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZP Minimum populations of districts and regions
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZQ Duties of principal administrative officer
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZQA Representative of electors
  • [Repealed]

    Sections 37ZZQA and 37ZZQB were inserted, as from 1 July 1994, by section 6 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZQA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZQB Commission to obtain views
  • [Repealed]

    Sections 37ZZQA and 37ZZQB were inserted, as from 1 July 1994, by section 6 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZQB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZR Commission to prepare draft reorganisation scheme and explanatory statement
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZR was repealed, as from 1 July 1994, by section 7 Local Government Amendment Act 1994 (1994 No 68).

37ZZS Consideration of proposal by Commission
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZS and 37ZZT were substituted, and sections 37ZZSA and 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68). See section 19(6) of that Act as to the transitional provisions.

    Section 37ZZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZSA Power to decline to consider reorganisation proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZS and 37ZZT were substituted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZSA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZT Referral back of proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZS and 37ZZT were substituted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68). See section 19(6) of that Act as to the transitional provisions.

    Section 37ZZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTA Power to decline resubmitted proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Reviews

37ZZTB Reviews
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68). See section 19(7) of that Act as to the transitional provisions.

    Section 37ZZTB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTC Statement of review
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTD Public notice of review
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTE Submissions on review
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTF Requirement to consult
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTG Consideration of submissions
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTH Inquiries and investigations
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTI Decisions on review
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTJ Completion of review
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTK Application of Part 2BA with modifications
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZTA to 37ZZTK were inserted, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZTK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZU Commission to deal with amended proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZU was repealed, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

Reorganisation schemes

  • This heading was inserted, as from 1 July 1994, by section 9 Local Government Amendment Act 1994 (1994 No 68).

37ZZV Draft reorganisation scheme
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Subsection (1) was substituted, as from 1 July 1994, by section 10 Local Government Amendment Act 1994 (1994 No 68). See section 19(1)(b) of that Act as to the transitional provisions.

    Section 37ZZV was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZVA Power to amend basis of certain rates
  • [Repealed]

    Sections 37ZZVA and 37ZZVB were inserted, as from 1 July 1991, by section 2(1) Local Government Amendment Act 1991 (1991 No.49)

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

37ZZVB Power to amend reorganisation schemes
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 37ZZVA and 37ZZVB were inserted, as from 1 July 1991, by section 2(1) Local Government Amendment Act 1991 (1991 No.49)

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

37ZZW Explanatory statement
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Subsection (1) was amended, as from 1 July 1994, by section 11 Local Government Amendment Act 1994 (1994 No 68) by omitting the words , without expressing an opinion upon the merits of the proposal,.

    Section 37ZZW was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZX Commission to give public notice of draft reorganisation scheme and explanatory statement
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZX was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZY Submissions on draft reorganisation scheme
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZY was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZ Consideration of submissions
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, substituted the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZA Reorganisation scheme
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZA was substituted, as from 1 July 1994, by section 12 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZB Explanatory statement
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZC Duty of Commission to give notice
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZD Power of proposer to withdraw proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZDA Power of Commission to abandon reorganisation scheme or to resolve to conduct review
  • [Repealed]

    Section 37ZZZDA was inserted, as from 1 July 1994, by section 13 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZZDA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Polls

  • This heading was inserted, as from 1 July 1994, by section 14 Local Government Amendment Act 1994 (1994 No 68).

37ZZZE Polls to be held
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    This section was substituted, and the preceding heading was inserted, as from 1 July 1994, by section 14 Local Government Amendment Act 1994 (1994 No 68). See section 19(3)(a)(i) of that Act as to the transitional provisions.

    Subsection (3) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35) by substituting the expression Local Electoral Act 2001 for the expression Local Elections and Polls Act 1976. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Section 37ZZZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZF Timing of poll
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZF was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by substituting the words electoral officer for all occurances of the words Returning officer. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Section 37ZZZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZG Official result of poll
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZG was substituted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Section 37ZZZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZH Fate of proposal after poll
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZHA Power to decline to consider reorganisation proposal
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZHA was repealed, as from 1 July 1994, by section 15 Local Government Amendment Act 1994 (1994 No 68).

37ZZZI Regulations
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Expenditure limits

37ZZZIA Interpretation
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZZIA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIB Population
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68). See section 19(6) of this Act as to the transitional provisions.

    Section 37ZZZIB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIC Advertising in relation to polls
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZZIC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZID Provision of funding to proposer
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZZID was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIE Returns of expenditure
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).

    Subsection (2) was substituted, as from 1 July 2001, by section 45 Public Audit Act 2001 (2001 No 10).

    Section 37ZZZIE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIF Authorisation of advertising
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZZIF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIG Application
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Sections 37ZZZIA to 37ZZZIG were inserted, as from 1 July 1994, by section 16 Local Government Amendment Act 1994 (1994 No 68).

    Section 37ZZZIG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2BC
Implementation of reorganisation schemes

[Repealed]

  • Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

  • A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

  • New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

  • Parts 2BA to 2BC were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZJ Implementation of reorganisation schemes
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZK Provisions relating to Orders in Council giving effect to reorganisation schemes
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZL Order in Council may set ward and constituency boundaries
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZM Effect of Orders in Council giving effect to reorganisation schemes
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZN Power to amend basis of certain rates
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Subsection (1) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6), by substituting the words set and assess for the words make and levy. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6), by substituting the words set and assessed for the words made and levied. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Section 37ZZZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZO Power to amend reorganisation schemes
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Miscellaneous provisions

37ZZZP No compensation payable where function transferred
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZQ Certain matters not affected by transfer of functions, duties, or powers
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZR Registers
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZS Prohibition in respect of requests and recommendations under other enactments
  • [Repealed]

    Part 2B, comprising sections 37ZN to 37ZZZ, was inserted, as from 1 November 1989, by section 10 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    A new Part 2B, comprising sections 37ZN to 37ZR, was substituted for the previous Part 2B, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    New Parts 2BA to 2BC, comprising sections 37ZS to 37ZZZS, were inserted, as from 10 October 1992, by section 8(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 37ZZZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2
Regions, territorial districts, and communities

[Repealed]

  • Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

  • Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

38 This Part to be read subject to Part 1
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

39 Application of this Act
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 39 was amended. as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

40 Constitution, alteration, union, and abolition of regions
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

41 Regional councils and united councils
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

42 Membership of regional councils
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (5) was substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

43 Review of constituencies and membership
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words 30th day of June for the words 30th day of November.

    Subsections (2) and (4) were substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

44 Objections to decision of regional council
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 1 April 1980, by section 7(2) Local Government Amendment Act 1979 (1979 No 59), by substituting the words 30th day of August for the words 15th day of February.

    Subsection (2) was substituted, as from 1 April 1980 by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Subsection (3) was amended, as from 1 April 1980, by section 7(2) Local Government Amendment Act 1979 (1979 No 59) by substituting the words 31st day of October for the words 15th day of March.

    Subsection (5) was substituted, as from 1 April 1980 by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

45 Membership of united councils
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsections (5) and (6) were repealed, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

46 Alteration of allocation of appointments to united councils
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

46A Joint appointments to united council
  • [Repealed]

    Section 46A was inserted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Constitution of districts of territorial authorities

  • The heading Constitution of Districts of Territorial Authorities was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122), and repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

47 Interpretation
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

48 Constitution, alteration, and union of districts
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

49 Electors may request constitution of new district or alteration of boundaries of existing district
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (2A) was inserted, as from 20 November 1981, by section 5 (1) Local Government Amendment Act (No 2) 1981 (1981 No 111).

    Subsection (3) was amended, as from 20 November 1981, by section 5(2)(a) Local Government Amendment Act (No 2) 1981 (1981 No 111), by inserting the words , in the case of a request under subsection (1) or subsection (2) of this section,.

    Subsection (6) was amended, as from 20 November 1981, by section 5 (2)(b) Local Government Amendment Act (No 2) 181 (1981 No 111), by inserting the words , or the principal administrative officer of the district requested to be abolished under subsection (2A) of this section, as the case may be,.

    Subsection (8) was amended, as from 20 November 1981, by section 5 (2)(c) Local Government Amendment Act (No 2) 181 (1981 No 111), by inserting the words subsection (2A).

    Subsection (9) was amended, as from 20 November 1981, by section 5 (2)(d) Local Government Amendment Act (No 2) 181 (1981 No 111), by inserting the words subsection (2A).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

50 Boundaries of districts
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

51 New cities
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

52 Councils of districts
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

53 Incorporation of councils
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

54 District Councils
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 54 was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

55 Membership of councils
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (3) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60), by substituting the expression sections 56 to 56D for the expression section 56.

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56 Review of basis of election
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60), by inserting the words to which this section applies.

    Subsection (8) was inserted, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56A Review of basis of election and division of district with population over 70,000 into wards
  • [Repealed]

    Sections 56A to 56D were inserted, as from 30 March 1985, by section 10 Local Government Amendment Act 1985 (1985 No 60).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56B Commission to determine wards
  • [Repealed]

    Sections 56A to 56D were inserted, as from 30 March 1985, by section 10 Local Government Amendment Act 1985 (1985 No 60).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56C Factors to be used in determining wards
  • [Repealed]

    Sections 56A to 56D were inserted, as from 30 March 1985, by section 10 Local Government Amendment Act 1985 (1985 No 60).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56D Ward system where members of territorial authority elected on wards system in 1983
  • [Repealed]

    Sections 56A to 56D were inserted, as from 30 March 1985, by section 10 Local Government Amendment Act 1985 (1985 No 60).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

57 Constitution of communities
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

58 Union, alteration, or abolition of communities
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

59 District community councils and community councils
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 30 March 1985, by section 11(1) Local Government Amendment Act 1985 (1985 No 60), by substituting the expression subsections (2) and (3) for the expression subsection (2).

    Subsection (3) was inserted, as from 30 March 1985, by section 11(2) Local Government Amendment Act 1985 (1985 No 60).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

60 Membership of district community councils and community councils
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

61 Purpose of community council
  • [Repealed]

    Part 2, comprising sections 38 to 61, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Paragraph (d) was amended, as from 19 January 1981, by section 11 Local Government Amendment Act 1980 (1980 No 82). by substituting the expression section 666 for the expression section 632.

    Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 3
Elections, electors, and electoral rolls

[Repealed]

  • Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

Members other than members of united council

62 Election of members
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

63 Electors qualified for election
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 63 was substituted, as from 17 June 1986, by section 6 Local Government Amendment Act 1986 (1986 No 19), for the former sections 63 and 64.

    Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

64 Persons disqualified for election
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 64 was repealed, as from 17 June 1986, by section 6 Local Government Amendment Act 1986 (1986 No 21).

Members of united council

65 Members of united council
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

66 Community within jurisdiction of district community council to constitute a ward
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

67 Representation of district community council on territorial authority and other bodies
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

68 Appointment of representative of community council to attend territorial authority meetings
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

69 Parliamentary electors with appropriate residential qualification qualified as electors of territorial authority, ward, or community
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

70 Electors and voting rights
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsections (1) and (2) were amended, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by inserting the words and section 71.

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

71 Electors of regions
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 71 was substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

72 Compilation of electoral roll
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Subsection (1) was amended, as from 30 June 1988, by section 3 Local Government Amendment Act (No 2) 1988 (1988 No 104), by Substituting the words during the month of July for the words before the 1st day of July.

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

73 No person to be enrolled more than once
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

74 Roll to be available for public inspection
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Subsection (3) was repealed, as from 30 June 1988, by section 4 Local Government Amendment Act (No 2) 1988 (1988 No 104), by Substituting the words during a period of not less than 28 days before the closing of the roll for the words between the 8th and 22nd day of July (both days inclusive).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

75 Application for registration as a parliamentary elector
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

76 Completion of roll
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

77 Amendments to roll
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

78 When roll in force
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

79 Proof of roll
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

80 Roll for by-election or poll
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Subsection (4) was substituted, as from as from 30 June 1988, by section 3 Local Government Amendment Act (No 2) 1988 (1988 No 104).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

81 Use of roll for other local authority election, by election, or poll
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

82 When roll in force, and amendment thereto
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

83 Local Elections and Polls Act applied
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

    Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

84 Revision of rolls
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

85 Rolls for purposes of by-elections and polls
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

86 Use of rolls for other local authority elections and polls
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

87 Special provisions relating to regional council elections
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

88 Local Elections and Polls Act 1976 applied
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

89 Compulsory enrolment of residential electors
  • [Repealed]

    Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

Part 4
Mayor, chairman, and members of councils

[Repealed]

90 Mayor of borough
  • [Repealed]

    Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

91 Mayor or Chairman of district of district council
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was substituted, as from 14 January 1983, by section 4 Local Government Amendment Act (No 2) 1982 (1982 No 166), by new subsections (1), (1A), (1B), and (1C).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

92 Election of Mayor
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

93 Election of Chairman of regional council, united council, county, district of a district council, town district, district community council, or community council
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

93A Regional, united county, district, town, district community, or community council may remove Chairman from office and elect new Chairman
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 93A and 93B were inserted as from, 14 August 1986, by section 3(1) Local Government Amendment Act (No 3) 1986.

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

93B Election of Chairman by open voting
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 93A and 93B were inserted as from, 14 August 1986, by section 3(1) Local Government Amendment Act (No 3) 1986.

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

94 Principal administrative officer to preside at meeting for election of Chairman
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 94 was amended, as from 14 August 1986, by section 3(1) Local Government Amendment Act (No 3) 1986 (1986 No 50), by inserting the words or section 93A.

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

95 Provisions where the same person elected to be both Mayor and a member
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

96 Provisions applying to all Mayors and Chairmen
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

97 Disqualification of members of councils other than united councils
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 97 was substituted, as from 17 June 1986, by section 8(1) Local Government Amendment Act 1986 (1986 No 21).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

98 Extraordinary vacancies (council other than united councils)
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 1 April 1979, by section 3(6)(a) Local Government Amendment Act 1978 (1978 No 43), by inserting the words and any member of a district community council or community council

    Subsection (2)(b) was amended, as from 1 April 1979, by section 3(6)(b) Local Government Amendment Act 1978 (1978 No 43), by substituting the words that council for the words the council.

    Subsection (3) was amended, as from 20 November 1981, by section 6 Local Government Amendment Act (No 2) 1981 (1981 No 111), by substituting the words that council for the words the Council.

    Subsection (4) was substituted, as from 13 January 1984, by section 3 Local Government Amendment Act 1983 (1983 No 132), by a new section (4) and (4A).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

99 Vacancies in membership of united council
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (3)(b) was amended, as from 17 June 1986, by section 8(1) Local Government Amendment Act 1986 (1986 No 21), by substituting the words by reason of the person's detention in a hospital under the Mental Health Act 1969 for the words under section 97(1)(b) of this Act.

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

100 Ouster of office of member
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

101 Audit Office to institute proceedings
  • [Repealed]

    Part 2 was substituted, and Parts 3 to 17 were inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 17 June 1986, by section 8(3) Local Government Amendment Act 1986 (1986 No 21), by substituting the expression section 97(3) for the expression section 97(4).

    Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 4A
Membership, wards and constituencies

  • Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13 Local Government Amendment Act (No 2) 1989 (1989 No 29).

101A Commencement
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101B Application
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101B was repealed, as from 10 October 1992, by section 9(1) Local Government Amendment Act 1992 (1992 No 42).

101C Membership of territorial authorities
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101C was substituted, as from 10 October 1992, by section 10(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 101C was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101CA Membership of regional councils
  • [Repealed]

    Section 101CA was inserted, as from 10 October 1992, by section 10(1) Local Government Amendment Act 1992 (1992 No 42).

    Section 101CA was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101D Wards and constituencies of districts and regions
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101D was substituted, as from 1 July 1991, by section 3 Local Government Amendment Act 1991 (1991 No 49).

    Section 101D was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101E Membership
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1) was amended, as from 1 July 1991, by section 4 Local Government Amendment Act 1991 (1991 No 49) by omitting the words and no more than 4 members.

    Section 101E was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101F Electors of regions, territorial authorities, and communities
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101F was substituted, as from 1 July 1991, by section 5(1) Local Government Amendment Act 1991 (1991 No 49).

    Section 101F was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101G Parliamentary electors qualified for election to any regional council, territorial authority, or community board
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1) was substituted, as from 10 October 1992, by section 11(1) Local Government Amendment Act 1992 (1992 No 42).

    Subsection (1)(d) was repealed, as from 1 October 1998, by section 14(1)(b) Local Government Amendment Act 1998 (1998 No 89).

    Section 101G was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101GA Candidacy for both regional council and constituent authority prohibited
101H Review of membership and basis of election
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101H was substituted, as from 1 July 1991, by section 6 Local Government Amendment Act 1991 (1991 No 49).

    Section 101H was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101I Distribution of copies of resolution
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101I was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101J Objections
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101J was substituted, as from 1 July 1991, by section 7 Local Government Amendment Act 1991 (1991 No 49).

    Section 101J was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101K Commission to determine wards and constituencies
  • [Repealed]

    Compare: 1974 No 66 s 56B; 1985 No 60 s 10

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1) was substituted, as from 1 July 1991, by section 8 Local Government Amendment Act 1991 (1991 No 49).

    Section 101K was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.

101L Factors in determination of membership and basis of election
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101L was substituted, as from 1 July 1991, by section 9(1) Local Government Amendment Act 1991 (1991 No 49).

    Section 101L was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101M When ward and constituency determinations take effect
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1) was substituted, as from 1 July 1991, by section 10 Local Government Amendment Act 1991 (1991 No 49).

    Section 101M was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.

Presiding members of territorial authorities and regional councils

101N Presiding member
  • [Repealed]

    Compare: 1974 No 66 ss 9091(1), (2), 1977 No 122 s 2; 1982 No 166 s 4

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101O Qualification and election of Mayor of territorial authority
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101O was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101P Election of Chairperson of regional council
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101Q Provisions applying to all Mayors and Chairpersons
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1) was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Subsection (2) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by substituting the words Mayor or Chairperson of a territorial authority or regional council for the words such mayor or chairperson. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Section 101Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101R Filling of vacancy in office of Mayor
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101R was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101S Filling of vacancy in office of Chairperson
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101T Mayors and Chairpersons to be Justices of the Peace
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101U Election of Deputy Mayor or Deputy Chairperson
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101V Power of regional council or territorial authority to remove Chairperson, Deputy Chairperson, or Deputy Mayor from office and elect successor
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101W Provisions where same person elected to be both Mayor and a member
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101W was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

Extraordinary vacancies

101X Disqualification of members
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101Y Ouster of office of member
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101Z Secretary to institute proceedings
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    The words the Crown Bank Account referred to in subsection (2) were substituted for the words the Public Account to the credit of the Consolidated Account pursuant to section 83(1) and (7) Public Finance Act 1989 (1989 No 44).

    Section 101Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZA Member's right to resign
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZB Extraordinary vacancies
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZB was substituted, as from 1 July 1991, by section 11 Local Government Amendment Act 1991 (1991 No 49).

    Subsection (2) was substituted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Section 101ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZC Procedure in relation to extraordinary vacancy in local authority
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZC to 101ZE were repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101ZD Power to require election to be held
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1) was amended, as from 1 July 1992, by section 13(1) Local Government Amendment Act 1992 (1992 No 42) by substituting the words or ward or regional constituency for the words or regional council.

    Subsection (1A) was inserted, as from 1 July 1992, by section 13(2) Local Government Amendment Act 1992 (1992 No 42).

    Subsection 7(c) was amended, as from 1 July 1992, section 13(3) Local Government Amendment Act 1992 (1992 No 42) by inserting the expression ; or.

    Subsection 7(d) was inserted, as from 1 July 1992, by section 13(4) Local Government Amendment Act 1992 (1992 No 42).

    Sections 101ZC to 101ZE were repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101ZE Election to extraordinary vacancy
  • [Repealed]

    Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZC to 101ZE were repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

Part 4B
Communities

  • Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

101ZF Commencement
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZG Constitution of communities
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZH Matters pertaining to constitution of communities
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (3) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35) by substituting the words electoral officer for the words Returning Officer. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Section 101ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZI Proposal to establish community
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZJ Requirements in relation to proposal
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZK Proposal seeking constitution of communities
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZL Matters to be considered when constituting community
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZM Appeal against refusal to constitute community
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZN Procedures relating to resolution to constitute community
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (4)(a) was substituted, as from 1 July 1991, by section 12 Local Government Amendment Act 1991 (1991 No 49).

    Section 101ZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZO Union, alteration, or abolition of communities
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Community boards

101ZP Community boards
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZQ Membership of community boards
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZQ was substituted, as from 1 July 1991, by section 13 Local Government Amendment Act 1991 (1991 No 49).

    Subsection (2A) was inserted, as from 1 July 2001, by section 149(1) Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Subsection (4) was substituted, and subsections (4A) to (4C) were inserted, as from 1 July 2001, by section 149(2) Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Section 101ZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZR Elections of community boards
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (2) was substituted, as from 1 July 1991, by section 14 Local Government Amendment Act 1991 (1991 No 49).

    Subsection (3) was substituted, as from 1 July 1991, by section 14 Local Government Amendment Act 1991 (1991 No 49).

    Subsection (4) was repealed, as from 1 July 1992, by section 14 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (1) was substituted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Subsection (2) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by inserting the words , subject to sections 117 to 120 of the Local Electoral Act 2001, after the words the board shall. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

    Section 101ZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZS Application of certain provisions relating to extraordinary vacancies
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Procedural matters

101ZT Chairperson of community board
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZU Community board committees
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZU was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZV Quorum of community board and committees of community board
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1) was substituted, as from 1 July 1991, by section 15 Local Government Amendment Act 1991 (1991 No 49).

    Section 101ZV was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZW Application of Part 5A
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZW was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZX Community boards not committees of territorial authority
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZX was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Purposes, functions, duties, and powers of community boards

101ZY Purposes of community board
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZY was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZ Functions, duties, and powers of community board
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (2)(a) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words or those powers listed in section 34(4) of the Resource Management Act 1991 for the words or the Town and Country Planning Act 1977.

    Subsection (2)(a) was further amended, as from 7 July 1993, by section 226(4) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression 34(4) for the expression 32(2)

    Subsection (3) was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Subsection (2)(b) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6), by substituting the word set for the word make. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Section 101ZZ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZA Specific functions determined by Order in Council
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Administrative and other facilities

101ZZB Provision of administrative and other facilities for community boards
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZC Expenses of community boards
  • [Repealed]

    Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (3) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words set and assessed for the words made and levied. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Section 101ZZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 4C
Remuneration of members

  • Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

101ZZD Commencement
  • [Repealed]

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZE Interpretation
  • [Repealed]

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 101ZZE was substituted, as from 1 July 1992, by section 15 Local Government Amendment Act 1992 (1992 No 42).

    Appropriate Minister: paragraph (b)(i) of this definition was repealed, as from 7 October 1994, by section 96(1) Energy Companies Act 1992 (1992 No 56).

    Appropriate Minister: paragraph (b)(iii) of this definition was amended, as from 1 July 1996, by section 12 Marlborough Forestry Corporation Act Repeal Act 1996 (1996 No 2) (L) by omitting the words the Marlborough Forestry Corporation,.

    Appropriate Minister: paragraph (b)(iii) of this definition was editorially amended, as from 8 October 1998, pursuant to section 20(3) Selwyn Plantation Board Empowering Act 1992 (1992 No 4(L)) by omitting the words the Selwyn Plantation Board,.

    Appropriate Minister: this definition was repealed, as from 15 December 2001, by section 3 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZF Remuneration Authority to determine remuneration
  • [Repealed]

    (1) The Remuneration Authority must determine the remuneration, allowances, and expenses payable to the following persons:

    • (a) chairpersons of local authorities:

    • (b) deputy chairpersons of local authorities:

    • (c) chairpersons of community boards:

    • (d) chairpersons of committees of local authorities:

    • (e) chairpersons of committees of community boards:

    • (f) members of local authorities:

    • (g) members of community boards.

    (2) The Remuneration Authority may do 1 or more of the following things under subsection (1):

    • (a) fix scales of salaries:

    • (b) fix scales of allowances:

    • (c) fix ranges of remuneration:

    • (d) fix different forms of remuneration:

    • (e) prescribe rules for the application of those scales, ranges, or different forms of remuneration:

    • (f) prescribe rules for reimbursing expenses incurred by elected members:

    • (g) differentiate between persons occupying equivalent positions in different local authorities or community boards:

    • (h) differentiate between persons occupying equivalent positions in the same local authorities or community boards:

    • (i) make determinations that apply to individuals, or groups occupying equivalent positions.

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (5) was inserted, as from 2 August 1991, by section 21 Area Health Boards Amendment Act 1991 (1991 No 82), and repealed, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZF was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words Remuneration Authority for the words Higher Salaries Commission in every place where they appear.

    Section 101ZZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZG Mandatory criteria for Commission
  • [Repealed]

    (1) In determining remuneration under section 101ZZF(1), the Commission must have regard to—

    • (a) the need to minimise potential for remuneration to distort the behaviour of the persons listed in section 101ZZF(1) in relation to their positions as listed in that subsection; and

    • (b) the need to achieve and maintain fair relativity with the levels of remuneration received elsewhere; and

    • (c) the need to be fair both—

      • (i) to the persons whose remuneration is being determined; and

      • (ii) to ratepayers; and

    • (d) the need to recruit and retain competent persons.

    (2) The criteria in subsection (1) do not prevent the Commission determining allowances for attending meetings additional to salary.

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZH Submissions to Authority
  • [Repealed]

    (1) Any person or organisation may make a written submission to the Remuneration Authority about a determination to be made by the Authority under section 101ZZF.

    (2) The Remuneration Authority may, in its discretion, invite a person or organisation to make an oral submission about a determination to be made by the Authority under section 101ZZF.

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZH was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words Remuneration Authority for the words Higher Salaries Commission in every place where they appear. For consistency, the word Authority was substituted for the word Commission.

    Section 101ZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZI Frequency of adjustments
  • [Repealed]

    To avoid doubt, section 19 of the Higher Salaries Commission Act 1977 applies to determinations made under section 101ZZF.

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZI was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words Remuneration Authority for the words Higher Salaries Commission.

    Section 101ZZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZJ Determination is a regulation
  • [Repealed]

    A determination by the Remuneration Authority under section 101ZZF is a regulation under the Regulations (Disallowance) Act 1989.

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZI was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words Remuneration Authority for the words Higher Salaries Commission.

    Section 101ZZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZK Publication of determinations
  • [Repealed]

    The Commission must—

    • (a) deliver to the Minister a copy of each determination made by it under section 101ZZF; and

    • (b) publish a determination made under section 101ZZF in the Gazette within 14 days of it being delivered to the Minister.

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZL Levy to pay Authority's costs
  • [Repealed]

    (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, impose a levy on local authorities in each financial year to pay the costs of the Remuneration Authority in the previous financial year in making determinations under section 101ZZF.

    (2) The order—

    • (a) must specify the amount of the levy or the way that the levy must be calculated; and

    • (b) must specify the local authorities or classes of local authority liable to pay the levy; and

    • (c) may impose a levy that is calculated to include the costs of the Authority from 1 July 2001, even though regulations that impose the levy are made after that date; and

    • (d) may authorise—

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

      • (ii) the addition of under-recoveries in respect of a financial year to a levy payable in subsequent financial years; and

    • (e) may prescribe how the levy must be paid or collected.

    (3) A local authority must pay a levy required by regulations made under this section.

    (4) The amount of unpaid levy is recoverable in a court of competent jurisdiction as a debt due to the Crown.

    (5) A levy under subsection (1) is a regulation under the Regulations (Disallowance) Act 1989.

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZL was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words Remuneration Authority for the words Higher Salaries Commission. For consistency, the word Authority's was substituted for the word Commission's, and the word Authority was substituted for the word Commission.

    Section 101ZZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZM Members and officers of Remuneration Authority to maintain secrecy
  • [Repealed]

    (1) This section applies to—

    • (a) members of the Remuneration Authority; and

    • (b) persons engaged or employed by the Authority in its work.

    (2) Every person to whom this section applies—

    • (a) must keep secret all matters and information that come to the person's knowledge while performing or exercising his or her functions, duties, or powers under this Act except the personal information specified in subsection (3); and

    • (b) must not communicate those matters or information except—

      • (i) in performing or exercising those functions, duties, and powers; or

      • (ii) under subsection (3).

    (3) The Remuneration Authority is required to comply with information privacy principles 6, 7, and 11 of the Privacy Act 1993 and disclose personal information as necessary.

    (4) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $1,000, or to both, who wilfully contravenes subsection (2).

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZM was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words Remuneration Authority for the words Higher Salaries Commission in every place where they appear. For consistency, the word Authority was substituted for the word Commission.

    Section 101ZZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZN Meaning of remuneration
  • [Repealed]

    In sections 101ZZF and 101ZZG, remuneration includes—

    • (a) salary, wages, and other payments in return for services; and

    • (b) monetary and non-monetary benefits and emoluments in return for services.

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZO Greytown District Trust Lands Trustees
  • [Repealed]

    (1) For the purpose of this section, the trust board is to be treated as if it were a statutory board.

    (2) A member of the trust board is entitled to—

    • (a) fees, a salary, or allowances for services as a member; and

    • (b) travelling allowances or travelling expenses for time spent travelling as a member.

    (3) The Fees and Travelling Allowances Act 1951 applies to determine the amount of the fees, salary, allowances, or expenses referred to in subsection (2).

    (4) In subsection (1), the term statutory board has the same meaning as in section 2 of the Fees and Travelling Allowances Act 1951.

    (5) In this section, trust board means the Greytown District Trust Lands Trustees constituted by section 3 of the Greytown District Trust Lands Act 1979.

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

    Section 101ZZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZP Salary or allowances not payable in certain circumstances
  • [Repealed]

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZQ Salary or allowance payable to existing office holder not to be reduced
  • [Repealed]

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZR Reduction of salary where full term not served
  • [Repealed]

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZS Office holder may decline to accept salary or allowance
  • [Repealed]

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (2) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words Income Tax Act 1994 for the words Income Tax Act 1976.

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZT Fund from which salaries and allowances to be paid
  • [Repealed]

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZU Travelling expenses of members
  • [Repealed]

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZV Travelling expenses of members attending conferences
  • [Repealed]

    Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

Part 5
Procedural matters

  • Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Act Amendment 1978 (1978 No 43).

  • Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

102
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

103
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

104
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

105
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

106
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

107
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

108
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

109
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

110
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

111
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

112
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

113
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

114
  • [Repealed]

    Part 5, comprising sections 102 to 114, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 5A
Procedural and organisational matters

  • Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

114A Commencement
  • [Repealed]

    This Part of this Act shall come into force on the 1st day of November 1989.

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114B Interpretation
  • [Repealed]

    In this Part of this Act, unless the context otherwise requires,—

    Committee includes, in relation to a local authority,—

    • (a) A committee comprising all the members of that local authority; and

    • (b) A standing committee or special committee appointed by that local authority; and

    • (c) A joint committee appointed under section 114S of this Act by that local authority and any other local authority or public body; and

    • (d) Any subcommittee of a committee described in paragraph (a) or paragraph (b) or paragraph (c) of this definition.

    Compare: 1974 No 66 s 102; 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Meetings

114C General provisions as to meetings
  • [Repealed]

    (1) Every local authority shall hold such meetings as are necessary for the good government of its district.

    (2) Every member of a local authority or of any committee of a local authority shall, unless lawfully excluded, have the right to attend any meeting of the local authority or committee.

    (3) Every meeting of a local authority shall be called, publicly notified, and conducted in accordance with—

    • (a) This Act; and

    • (c) The standing orders of the local authority.

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114D First meeting following triennial general election
  • [Repealed]

    (1) The first meeting of a local authority following a triennial general election shall be called by the principal administrative officer as soon as practicable after the results of the election are known.

    (2) The principal administrative officer shall give the persons elected to the authority not less than 5 working days notice of the meeting.

    (3) The meeting shall be chaired by the principal administrative officer (or, in the absence of the principal administrative officer, a nominee of that officer), until the Mayor or Chairperson has made and attested the declaration required by section 114U of this Act.

    (4) The business to be conducted at the meeting, and the order in which that business is to be conducted, shall be as follows:

    • (a) The making and attesting of the declarations required of the Mayor (if any) and members by section 114U of this Act:

    • (b) The election of the Chairperson (if any) and the making and attesting of the declaration required of the Chairperson by section 114U of this Act:

    • (d) The fixing of the date and time of the first ordinary meeting of the authority, or the adoption of a schedule of ordinary meetings:

    • (e) Items of general business, if any.

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (4)(c)(ii) was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 114D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114E Ordinary meetings
  • [Repealed]

    (1) Every local authority shall hold ordinary meetings at such times and at such places as it from time to time appoints.

    (2) The principal administrative officer shall give notice in writing to each of the members of the time and place of the meeting—

    • (a) Not less than 10 working days before the meeting; or

    • (b) Where the local authority has adopted a schedule of ordinary meetings, not less than 10 working days before the first meeting on the schedule.

    (3) Where a local authority adopts a schedule of ordinary meetings,—

    • (a) The schedule may cover such future period as the local authority considers appropriate and may be amended from time to time; and

    • (b) Notification of the schedule or any amendment shall constitute notification of every meeting on the schedule or amendment.

    Compare: 1974 No 66 s 110; 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114F Special meetings
  • [Repealed]

    (1) Every local authority may hold special meetings.

    (2) A special meeting means a meeting called pursuant to—

    • (a) A resolution of the local authority; or

    • (b) A requisition in writing delivered to the principal administrative officer and signed by—

      • (i) The Chairperson; or

      • (ii) Not less than one-third of the total membership of the local authority (including vacancies),—

      which resolution or requisition shall specify the time and place at which the meeting is to be held and the general nature of the business to be brought before the meeting.

    (3) Notice in writing of the time and place of the meeting, and of the general nature of business, shall be given by the principal administrative officer to every member of the local authority—

    • (a) At least 3 working days before the day appointed for the meeting; or

    • (b) Where the meeting is called pursuant to a resolution of the authority, within such lesser period of notice, being not less than 24 hours, as is specified in the resolution.

    Compare: 1974 No 66 s 111; 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114G Emergency meetings
  • [Repealed]

    (1) Every local authority may hold emergency meetings.

    (2) An emergency meeting means a meeting called by—

    • (a) The Chairperson; or

    • (b) If the Chairperson is unavailable, the principal administrative officer,—

    to deal with matters specified by the Chairperson or principal administrative officer, being matters that require a meeting to be held at shorter notice than can be given under section 114F of this Act.

    (3) Notice of the time and place of the emergency meeting and of the matters in respect of which the meeting is being called shall be given, by whatever means is reasonable in the circumstances, to every member of the local authority and to the principal administrative officer at least 24 hours before the time appointed for the meeting.

    (4) The person calling the emergency meeting shall give, or shall cause some other person to give, the notice required by subsection (3) of this section.

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114H Meetings not invalid because notice not given
  • [Repealed]

    (1) No ordinary meeting, special meeting, or emergency meeting of a local authority shall be invalid because notice of that meeting was not received or was not received in due time by any member of the local authority unless—

    • (a) It is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and

    • (b) The member concerned did not attend the meeting.

    (2) It shall be competent for any member of a local authority to waive any requirement regarding the giving of notice of a meeting to that member.

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Conduct of meetings

114I Quorum of councils and committees
  • [Repealed]

    (1) A meeting shall be duly constituted if a quorum is present whether or not all the members present are voting or entitled to vote.

    (2) No business shall be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted.

    (3) The quorum at any meeting of a local authority shall consist of half the members (including vacancies) if the number of members is even, and a majority if the number is odd.

    (4) The quorum at any meeting of a committee—

    • (a) Shall be not less than 2 members of the committee, as determined by the local authority or committee that appoints the committee; and

    • (b) In the case of a committee (other than a subcommittee), shall include at least one member of the local authority.

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114J Voting
  • [Repealed]

    (1) Except where otherwise provided in this Act or in any standing orders,—

    • (a) All acts of a local authority shall be done and all questions before the local authority shall be decided at a meeting by the majority of such members as are present and vote thereon; and

    • (b) The Chairperson or other person presiding at any meeting shall have a deliberative vote and, in case of equality of votes, shall have a casting vote also.

    (2) Every question coming before a local authority shall be decided by open voting.

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114K Voting systems for certain appointments
  • [Repealed]

    (1) For the purposes of—

    • (a) The appointment of the Chairperson or Deputy Chairperson of a committee; and

    • (b) The election or appointment of a representative of a local authority for any purpose,—

    the local authority or (except where the local authority has otherwise directed) the committee may, by resolution, determine that the person be elected or appointed by a system of voting that requires that, except as provided in subsection (2) of this section, the person to be elected or appointed receive the votes of a majority of the membership of the local authority or committee present and voting, and that requires that, where more than one round of voting is required, the least successful candidate in a round of voting shall not be a candidate in the next round of voting.

    (2) Where the system of voting described in subsection (1) of this section is adopted, section 114J(1)(b) of this Act shall not apply, and every equality of votes that is not to be determined by a further round of voting shall be determined by lot in such manner as the local authority or the committee determines.

    Compare: 1974 No 66 s 108A; 1986 No 50 s 5

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114L Chairperson of meetings
  • [Repealed]

    (1) The Chairperson of the local authority shall preside at every meeting of the local authority at which he or she is present.

    (2) The Chairperson of any committee shall preside at every meeting of the committee at which he or she is present.

    (3) The local authority may appoint a member of any committee to be the Chairperson of that committee, and that power may be exercised by the committee where the local authority, on the appointment of the committee, does not appoint a Chairperson. Any committee may from time to time appoint a Deputy Chairperson to act in the absence of the Chairperson.

    (4) If the Chairperson of the local authority or of any committee, as the case may be, is absent from any meeting, the Deputy Chairperson (if any) of the local authority or committee, as the case may be, shall preside, but, if no Deputy Chairperson has been appointed or if the Chairperson and Deputy Chairperson are both absent, the members of the local authority, or, as the case may be, of the committee present shall elect one of their number to preside at that meeting, and that person shall have and may exercise at that meeting all the functions, duties, and powers of the Chairperson.

    Compare: 1974 No 66 ss 104(3), 107; 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Procedures at meetings

114M Standing orders
  • [Repealed]

    (1) Every local authority shall adopt a set of standing orders for the conduct of its meetings and those of its committees.

    (2) The standing orders of a local authority shall not contravene any provisions of this Act, or of the Local Government Official Information and Meetings Act 1987, or of any other Act.

    (3) After the adoption of the first standing orders of the local authority, the adoption or amendment of standing orders shall require, in every case, a vote of three-quarters of the members present.

    (4) A local authority or committee may temporarily suspend standing orders during a meeting by a vote of three-quarters of the members present and voting and the reason for the suspension shall be stated in the resolution of suspension.

    (5) All local authority bylaws and any rules made by resolution of the local authority which at the time of the coming into force of this Act constitute the standing orders of a local authority are hereby declared to be the standing orders of the local authority as if they had been adopted in the manner provided in this section.

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114N Minutes of proceedings
  • [Repealed]

    Every local authority shall cause minutes of all its proceedings to be kept and minutes of proceedings duly entered and authenticated as prescribed by the local authority shall be prima facie evidence of those proceedings.

    Compare: 1974 No 66 s 112(4); 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114O Proceedings not invalidated by vacancies, irregularities, etc
  • [Repealed]

    No act or proceedings of a local authority or of any person acting as a member of the local authority shall be invalidated in consequence of there being any vacancy in the membership of the local authority or committee at the time of that act or proceeding, or of the subsequent discovery that there was some defect in the election or appointment of any person so acting, or that he or she was or is incapable of being a member.

    Compare: 1974 No 66 s 109; 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114O was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Committees and subcommittees

114P Power to appoint committees and subcommittees
  • [Repealed]

    (1) Any local authority may appoint such standing committees and special committees and subcommittees as it considers appropriate.

    (2) A committee may appoint such subcommittees as it considers appropriate, unless prohibited from doing so by the local authority.

    (3) Every committee shall be subject in all things to the control of the local authority, and shall carry out all directions, general or special, of the local authority given in relation to the committee or its affairs; but nothing in this section shall entitle a local authority to rescind or amend a decision made by a committee pursuant to a delegation authorising the making of the decision.

    (4) Every subcommittee shall be subject in all things to the control of the committee that appointed it, and shall carry out all directions, general or special, of the committee given in relation to the subcommittee or its affairs.

    (5) Subject to any provision to the contrary in this Act or any other Act, a local authority, and a committee with respect to a subcommittee appointed by that committee, may at any time and from time to time discharge or reconstitute any committee or subcommittee.

    Compare: 1974 No 66 ss 104(1), (4), (7), 106(1); 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114Q Delegation to committees and subcommittees
  • [Repealed]

    (1) Except as otherwise provided in this Act or any other Act, for the purposes of efficiency and effectiveness in the conduct of a local authority's business, a local authority may delegate to any committee any of its functions, duties, or powers except—

    • (a) The power to set a rate:

    • (b) The power to make a bylaw:

    • (c) The power to institute any proceedings in the High Court that are not injunctive proceedings:

    • (d) The power to borrow money:

    (2) Nothing in this section shall restrict the power of a local authority to delegate to a committee power to do anything precedent to the exercise by the local authority (after consultation with the committee) of any power specified in subsection (1) of this section.

    (3) A committee may delegate any of its functions, duties, or powers to a subcommittee, subject to any conditions, limitations, or prohibitions imposed by the local authority.

    (4) All delegations shall be recorded in a delegations register by the local authority or committee that makes the delegation.

    (5) Every committee to which any functions, powers, or duties are delegated may, without confirmation by the local authority, exercise or perform them in like manner and with the same effect as the local authority could itself have exercised or performed them.

    Compare: 1974 No 66 s 104(1), (6); 1977 No 122 s 2

    Part 5A (comprising sections 114A to 114V) was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1)(a) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the word set for the wors make.

    Section 114Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114R Membership of committees and subcommittees
  • [Repealed]

    (1) A local authority may at any time and from time to time appoint or discharge any member of a committee (other than a subcommittee).

    (2) Unless directed otherwise by the local authority, a committee may at any time and from time to time appoint or discharge any member of a subcommittee appointed by the committee.

    (3) Every committee shall, unless sooner discharged, be deemed to be discharged on the coming into office of the members of the local authority elected or appointed, as the case may be, at or following the general election next after the appointment of the committee.

    (4) A local authority or committee may appoint to any committee or subcommittee, as the case may be, any person who is not a member of the local authority or committee, if, in the opinion of the council, that person has knowledge that will assist the work of the committee or subcommittee.

    (5) Notwithstanding subsection (4) of this section, no employee of a local authority acting in the course of his or her employment may act as a member of any committee unless that committee is a subcommittee.

    (6) At least one member of every committee, other than a subcommittee, shall be an elected member of the local authority.

    (7) The minimum number of members of a committee shall be 3, and the minimum number of members of a subcommittee shall be 2.

    Compare: 1974 No 66 ss 104(2), (4), (5), 106(1); 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114R was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114S Joint committees
  • [Repealed]

    (1) Any local authority may unite with any one or more local authorities or other public bodies in appointing a joint standing committee or joint special committee for any purpose in which the local authorities or public bodies are jointly interested, and all such local authorities and public bodies are hereby authorised to unite with the local authority for that purpose.

    (2) The local authority may agree with the other local authorities or public bodies participating in the joint committee on the number of members to be appointed by each participating local authority or public body.

    (3) Any committee appointed under this section shall be deemed to be both a committee of the local authority and (subject to the law for the time being applicable to committees of any other participating local authority or public body) a committee of the other local authority or public body.

    (4) So far as the committee is a committee of the local authority, this Part of this Act shall apply to that committee, except that the powers to discharge any individual member and appoint another in his or her stead shall be exercisable by the local authority or public body that made the appointment.

    (5) The power conferred upon the local authority by section 114L(3) of this Act to appoint a Chairperson or Deputy Chairperson of a committee shall not apply to a committee appointed under this section, but the committee may from time to time appoint and remove its own Chairperson or Deputy Chairperson.

    Compare: 1974 No 66 s 105; 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Conduct of members

114T Members to give notice of addresses
  • [Repealed]

    (1) Every member of a local authority shall give to the principal administrative officer a residential or business address (together with, if desired, a telex, facsimile, or other address) within the region or district of the local authority at which notices and material relating to meetings and local authority business may be sent or delivered.

    (2) Where any such notice or material is delivered to any such address, it shall be deemed to have been received by the member at the time and date of delivery.

    (3) Where any such notice or material, duly addressed and stamped, is posted to any such address, it shall be deemed to have been received by the member at noon on the second working day after the day on which it is posted.

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114U Declaration by member
  • [Repealed]

    (1) No person shall be capable of acting as a member of any local authority until—

    • (a) He or she has, at a meeting of the local authority, made an oral declaration in the form in Schedule 4 to this Act; and

    • (b) A written version of the declaration made under paragraph (a) of this subsection has been attested as provided in subsection (2) of this section.

    (2) The written declaration shall be—

    • (a) Signed by the member; and

    • (b) Witnessed by—

      • (i) The Chairperson; or

      • (ii) A member of the local authority; or

      • (iii) The principal administrative officer of the local authority; or

      • (iv) In the absence of the principal administrative officer, some other officer appointed by the principal administrative officer.

    (3) If any person does any act as a member before he or she has complied with subsection (1) of this section, that person commits an offence against this Act.

    (4) It shall be the duty of the Secretary to institute proceedings under subsection (3) of this section, where he or she has reason to believe that an offence against that subsection has been committed, but nothing in this subsection prevents such proceedings being taken by any other person.

    Compare: 1974 No 66 s 103(1)-(4); 1977 No 122 s 2

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114V Members shall abide by standing orders
  • [Repealed]

    (1) All members of the local authority shall abide by the standing orders adopted under section 114M of this Act.

    (2) If any member who is required, pursuant to a ruling under standing orders, to leave a meeting—

    • (a) Refuses or fails to leave the meeting; or

    • (b) Having left the meeting, attempts to re-enter the meeting without the permission of the Chairperson,—

    any constable, or any officer or employee of the local authority, may, at the request of the Chairperson, remove or, as the case may require, exclude that member from the meeting.

    Compare: 1987 No 174 s 50(2)

    Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 114V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 6
Administrative and other facilities

  • Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

  • Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

115
  • [Repealed]

    Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

116
  • [Repealed]

    Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

117
  • [Repealed]

    Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

118
  • [Repealed]

    Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

119
  • [Repealed]

    Part 6, comprising sections 115 to 119, was substituted, as from 1 April 1978, by section 3(2) Local Government Amendment Act 1978.

    Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 6A
Employment of staff

  • Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

  • Part 6A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119A Commencement
  • [Repealed]

    Except as provided in section 119J(3) of this Act, this Part of this Act shall come into force on the 1st day of November 1989.

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119B Staff of local authorities
  • [Repealed]

    (1) There may from time to time be appointed as members of the staff of any local authority such staff as are necessary to assist in the performance of its functions and the exercise of its powers.

    (2) Subject to any other Act, the local authority may pay the members of its staff, out of the funds of the local authority,—

    • (a) Such remuneration as it thinks fit; and

    • (b) Such allowances and expenses as it thinks fit, including travelling allowances and travelling expenses in respect of travel by staff on the business of the local authority and in respect of attendance by staff at any conference or meeting or any course of study or training that in the opinion of the local authority will render them better fitted to carry out their duties.

    (3) One person may hold 2 or more offices.

    (4) Except as provided in section 119C of this Act, appointments under this section shall be made—

    • (a) By the chief executive officer; or

    • (b) Where the local authority has decided that particular appointments are to be made by a specified senior executive officer, by that senior executive officer.

    (5) Subject to the Local Authorities (Employment Protection) Act 1963, and to the provisions of any contract of service and of any conditions of service and staff regulations made by resolution of the authority, any member of the staff of the authority may at any time be removed from office by the body or officer by which that member of the staff was appointed or in accordance with any contract of service or staff regulations.

    Compare: 1974 No 66 s 117; 1977 No 122 s 2

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    The Local Authorities (Employment Protection) Act 1963 referred to in subsection (5) was repealed, as from 1 November 1989, by section 55(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119C Chief executive officer or group of senior executive officers
  • [Repealed]

    (1) Each local authority shall appoint either—

    • (a) A single chief executive officer, who shall be appointed as the principal administrative officer of the local authority; or

    • (b) A group of senior executive officers (one of whom shall be appointed as the principal administrative officer of the local authority).

    (2) Each executive officer appointed under subsection (1) of this section shall be responsible to the local authority for employing, on behalf of the local authority, within his or her area of responsibility, staff of the local authority and negotiating their terms of employment.

    (3) The local authority shall, in making any appointment under subsection (1) of this section, have regard to the need to appoint a person who—

    • (a) Can discharge the specific responsibilities placed on the appointee; and

    • (b) Will imbue the employees of the local authority with a spirit of service to the community; and

    • (c) Will promote efficiency in the local authority; and

    • (d) Will be a responsible manager; and

    • (e) Will maintain appropriate standards of integrity and conduct among the employees of the local authority; and

    • (f) Will ensure that the local authority is a good employer; and

    • (g) Will promote equal employment opportunities.

    Compare: 1988 No 20 s 35

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119D Responsibilities of executive officers
  • [Repealed]

    Each executive officer appointed under section 119C(1) of this Act shall, in relation to his or her areas of responsibility, be responsible to the local authority for—

    • (a) Implementing the decisions of the local authority:

    • (b) Providing advice to members of the local authority and any community boards:

    • (c) Ensuring that all functions, duties, and powers delegated to him or her or to any person employed by the local authority, or imposed or conferred by any Act, regulation, or bylaw are properly performed or exercised:

    • (d) Ensuring the effective, efficient, and economic management of the activities and planning of the local authority.

    Compare: 1988 No 20 s 32

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119E Maximum term of employment
  • [Repealed]

    Every officer appointed under section 119C of this Act shall be appointed for a term of not more than 5 years; but shall be eligible for reappointment from time to time.

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119F General employment principles
  • [Repealed]

    (1) Every local authority and any other person having responsibility for selection and management of employees of the local authority shall operate a personnel policy that complies with the principle of being a good employer.

    (2) For the purposes of this section, a good employer is an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—

    • (a) Good and safe working conditions; and

    • (b) An equal employment opportunities programme; and

    • (c) The impartial selection of suitably qualified persons for appointment; and

    • (d) Recognition of—

      • (i) The aims and aspirations of Maori people; and

      • (ii) The employment requirements of Maori people; and

      • (iii) The need for greater involvement of Maori people in local government employment; and

    • (e) Opportunities for the enhancement of the abilities of individual employees; and

    • (f) Recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and

    • (g) Recognition of the employment requirements of women; and

    • (h) Recognition of the employment requirements of persons with disabilities.

    (3) In addition to the requirements specified in subsections (1) and (2) of this section, each local authority shall ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest.

    Compare: 1988 No 20 s 56

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119G Equal employment opportunities programme
  • [Repealed]

    (1) Every local authority—

    • (a) Shall in each year develop and publish an equal employment opportunities programme for the local authority:

    • (b) Shall ensure in each year that the equal employment opportunities programme for that year is complied with throughout the local authority.

    (2) The local authority shall include—

    • (a) In its annual report under section 223D of this Act, a summary of the equal employment opportunities programme for the year to which the report relates; and

    • (b) In its annual report under section 223E of this Act, an account of the extent to which the local authority was able to meet, during the year to which the report relates, the equal employment opportunities programme for that year.

    (3) For the purposes of this section and section 119F of this Act, an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect to the employment of any persons or group of persons.

    Compare: 1988 No 20 s 58

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119H Appointments on merit
  • [Repealed]

    A local authority, or any other person making an appointment to any position with the local authority, shall give preference to the person who is best suited to the position.

    Compare: 1988 No 20 s 60

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119I Obligation to notify vacancies
  • [Repealed]

    Where it is proposed to fill a position that is vacant or is to become vacant in the local authority, the local authority or other person responsible for making the appointment shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.

    Compare: 1988 No 20 s 61

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119J Maximum term of office of certain employees
  • [Repealed]

    (1) Notwithstanding anything to the contrary in any enactment or rule of law, a local authority or any person making an appointment on behalf of a local authority may enter into an agreement in writing with any person whom the local authority or that person proposes to appoint, or has appointed, as an employee of the local authority to the effect that the employee shall not be removed from office except as provided in the agreement or except for conduct justifying summary dismissal—

    • (a) During such period (not exceeding 5 years from the day of appointment or the date of the agreement, as the case may be) as is specified in the agreement; or

    • (b) Except after such notice (not exceeding 3 months) as is specified in the agreement in that behalf.

    (2) Any agreement to which subsection (1)(a) of this section relates may from time to time be renewed for any period not exceeding 5 years at any one time from the date of the renewal.

    (3) This section shall come into force on the 1st day of November 1990.

    Compare: 1963 No 65 s 9

    Part 6A, comprising sections 119A to 119J, was inserted, as from 1 November 1989, by section 20 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 119J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 7
General revenues and estimates

[Repealed]

  • Part 7, comprising sections 120 to 122, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) (1977 No 122), and was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).

  • Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).

120 General revenues
  • [Repealed]

    Part 7, comprising sections 120 to 122, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).

121 Annual estimates
  • [Repealed]

    Part 7, comprising sections 120 to 122, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).

122 Application of income
  • [Repealed]

    Part 7, comprising sections 120 to 122, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).

Part 7A
Financial management

  • Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

  • Part 7A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122A Interpretation
  • [Repealed]

    In this Part of this Act, unless the context otherwise requires,—

    Borrowing management policy means a borrowing management policy under section 122R of this Act

    Funding policy means a funding policy under section 122N of this Act

    Investment policy means an investment policy under section 122P of this Act

    Long-term financial strategy means a long-term financial strategy required by section 122K of this Act

    Operating expenses has the meaning given to it under generally accepted accounting practice

    Operating revenue has the meaning given to it under generally accepted accounting practice.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122B Purposes
  • [Repealed]

    The purposes of this Part of this Act are to promote prudent, effective, and efficient financial management by local authorities—

    • (a) By specifying principles of financial management to be observed in local authority decisions; and

    • (b) By providing a structured framework for local authority decision-making on financial management; and

    • (c) By providing an effective and appropriate avenue for public participation in local authority financial policies and funding decisions; and

    • (d) By clarifying the appropriate exercise of local authority autonomy in financial policy and funding decisions; and

    • (e) By requiring local authorities to explain their selection of funding mechanisms; and

    • (f) By recognising that, while rating mechanisms are an appropriate means of funding—

      • (i) Expenditure in respect of which it is not practicable or appropriate to identify the direct beneficiaries of that expenditure; or

      • (ii) Expenditure that benefits the community generally,—

      the appropriate use of rating mechanisms is not limited to the funding of such expenditure.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122C Principles of financial management
  • [Repealed]

    (1) Without limiting the provisions of any other enactment relating to the funds and revenues of any local authority, every local authority shall manage its revenues, expenses, assets, liabilities, investments, and financial dealings generally, in accordance with the following principles:

    • (a) All revenue, expenses, assets, liabilities, and investments are to be managed prudently, in the interests of the district of the local authority or of its inhabitants and ratepayers, and only for lawful purposes:

    • (b) Adequate and effective provision for the expenditure needs of the local authority, as identified in the annual plan and the long-term financial strategy, is to be made, as the case may require, in the annual plan and the long-term financial strategy:

    • (c) The benefits and costs of different options are to be assessed in determining any long-term financial strategy, funding policy, investment policy, or borrowing management policy, and in making any decision with significant financial consequences (including a decision to take no action):

    • (d) The identified expenditure needs of the local authority are to be funded by such lawful funding mechanisms as the local authority considers on reasonable grounds to be appropriate, having regard to the provisions of sections 122D and 122E of this Act and to all other relevant considerations:

    • (e) Debt shall be maintained at prudent levels and in accordance with the relevant provisions of the borrowing management policy:

    • (f) Except as provided in section 122J of this Act, operating revenues in any financial year shall be set at a level adequate to cover all projected operating expenses.

    (2) No local authority is required to apply, in respect of any financial year beginning earlier than the 1st day of July 1998, the principles set out in subsection (1) of this section.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122D Local authorities not required to use specific funding mechanisms
  • [Repealed]

    Nothing in this Part of this Act requires any local authority to adopt any specific allocation of costs or to use any specific funding mechanism to fund any particular expenditure needs of the local authority.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122E Funding of expenditure needs
  • [Repealed]

    (1) In determining how any expenditure needs of the local authority are to be funded, the local authority shall—

    • (a) Identify the allocation of costs indicated by the application of such one or more of the principles specified in section 122F of this Act as the local authority determines on reasonable grounds to be relevant to those expenditure needs; and

    • (b) Determine the extent to which—

      • (i) Any modification of the allocation of costs identified under paragraph (a) of this subsection; or

      • (ii) Any alternative to the allocation of costs identified under paragraph (a) of this subsection—

      is indicated by such one or more of the considerations specified in section 122G of this Act as the local authority determines on reasonable grounds to be relevant to those expenditure needs; and

    • (c) Consider, having regard to the matters specified in section 122H of this Act, the extent to which it is practicable and efficient to fund those expenditure needs in a way that achieves, or approximately achieves, the allocation of costs determined pursuant to paragraph (b) of this subsection.

    (2) No local authority is required to apply, in respect of any financial year beginning earlier than the 1st day of July 1998, the provisions of subsection (1) of this section.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122F Principles relating to funding of expenditure needs
  • [Repealed]

    The principles referred to in section 122E(1)(a) of this Act (which principles are not ranked in order of priority) are—

    • (a) The principle that the costs of any expenditure should be recovered at the time that the benefits of that expenditure accrue:

    • (b) The principle that, to the extent that any expenditure—

      • (i) Is independent of the number of persons who benefit; or

      • (ii) Generates benefits that do not accrue to identifiable persons or groups of persons; or

      • (iii) Generates benefits to the community generally,—

      the costs of that expenditure should be allocated in a manner consistent with economic efficiency and appropriate to the nature and distribution of the benefits generated, which manner may require the use of rating mechanisms under the Local Government (Rating) Act 2002:

    • (c) The principle that the costs of any expenditure should be recovered from persons or categories of persons in a manner that matches the extent to which the direct benefits of that expenditure accrue to those persons or categories of persons:

    • (d) The principle that the costs of any expenditure to control negative effects that are contributed to by the actions or inaction of any persons or categories of persons should be allocated to those persons or categories of persons in a way that matches the extent to which they contribute to the need for that expenditure.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Paragraph (b) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words Local Government (Rating) Act 2002 for the words Rating Powers Act 1988. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Section 122F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122G Considerations related to funding of expenditure needs
  • [Repealed]

    The considerations referred to in section 122E(1)(b) of this Act (which considerations are not ranked in order of priority) are—

    • (a) The obligation of the local authority to act in the interests of its residents and ratepayers:

    • (b) The fairness and equity of any allocation of costs:

    • (c) Any lawful policy of the local authority, to the extent that the costs of any expenditure may be allocated in a way that effectively and appropriately promotes that policy:

    • (d) Balancing the avoidance of significant adjustment difficulties for any persons or categories of persons arising from sudden and significant changes in the total costs allocated to those persons or categories of persons, with achieving the indicated allocation of costs at the earliest reasonable date.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

    Section 122G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122H Matters related to mechanisms for funding of expenditure needs
  • [Repealed]

    The matters referred to in section 122E(1)(c) of this Act are—

    • (a) The extent to which any funding mechanism or combination of funding mechanisms lawfully available to the local authority can achieve any allocation of costs:

    • (b) The efficiency, including the costs, of the different funding mechanisms available to the local authority:

    • (c) The extent to which it is efficient and effective to fund any expenditure need by a funding mechanism that is separate from those used to fund any other expenditure of the local authority:

    • (d) The extent to which different funding mechanisms lawfully available to the local authority will allow persons or categories of persons to whom costs are allocated to identify the expenditure needs to which those costs relate.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

    Section 122H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122I Compliance
  • [Repealed]

    (1) Without limiting anything in subsection (2) of this section, for the purposes of this Part of this Act,—

    • (a) The extent and detail of information to be considered; and

    • (b) The degree to which benefits and costs are quantified; and

    • (c) The extent to which different options are considered; and

    • (d) The extent and nature of any written record of that consideration,—

    shall be such as the local authority considers on reasonable grounds to be appropriate, having regard to the purposes specified in section 122B of this Act, the significance of the decision, and the scale of the local authority's operations.

    (2) In complying with the requirements of this Part of this Act to prepare and adopt any long-term financial strategy, funding policy, investment policy, or borrowing management policy, a local authority shall do so in such manner and include such detail as the local authority considers on reasonable grounds to be appropriate, having regard to—

    • (a) The purposes specified in section 122B of this Act; and

    • (b) The significance of the matter; and

    • (c) The costs and difficulty of obtaining information; and

    • (d) The scale of the local authority's operations.

    (3) It shall be the responsibility of each local authority to make judgments about the ways in which the principles specified in section 122C(1) of this Act are to be complied with by the local authority, having regard to—

    • (a) The purposes specified in section 122B of this Act; and

    • (b) The role of local authorities in making appropriate expenditure and funding decisions which reflect the goals of the communities they serve; and

    • (c) Such other matters as the local authority considers on reasonable grounds to be relevant to those judgments.

    (4) Without limiting the generality of subsection (3) of this section, it shall be the responsibility of each local authority, having regard to any relevant submissions received by the local authority,—

    • (a) To make judgments about fairness and equity; and

    • (b) To make judgments concerning the extent to which any provision of sections 122F to 122H of this Act is relevant to any particular case,—

    which judgments may reflect the complexity and inherent subjectivity of any benefit allocation for specified outputs and the complexity of the economic, social, and political assessments required in the exercise of political judgment concerning rating.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

    Section 122I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122J Short-term borrowing, reserves, etc
  • [Repealed]

    Notwithstanding anything in section 122C(1)(f) of this Act, a local authority may from time to time, where it considers it to be appropriate on reasonable grounds, after having had regard to the other provisions of section 122C(1) of this Act and to any other relevant provisions of this or any other Act,—

    • (a) Borrow from time to time under Part 7B of this Act, in anticipation of its revenue, reasonable and appropriate amounts of money for the purpose of ensuring efficient and effective cash management:

    • (b) Designate operating surpluses as reserves:

    • (c) Utilise a surplus from one year in another:

    • (d) Fund operating expenses from debt for the purpose of meeting some reasonable short-term funding need:

    • (e) Fund operating expenses from sources other than operating revenue in order to adjust its equity as provided in its long-term financial strategy:

    • (f) Omit to make provision for funding the decline in the service potential of any asset in any year earlier than the year commencing with the 1st day of July 1999:

    • (g) Expend any operating revenue, including any revenue for the purpose of funding the decline in the service potential of any asset, on the maintenance of that asset or to meet the cost of any borrowing undertaken for the acquisition or construction of that asset.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

    Section 122J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122K Long-term financial strategy
  • [Repealed]

    (1) Every local authority shall, not less than once every 3 years, prepare and, in accordance with the special consultative procedure, adopt a long-term financial strategy.

    (2) The long-term financial strategy may be prepared and adopted concurrently with the annual plan.

    (3) An outline of the long-term financial strategy shall be included in every annual plan.

    (4) The long-term financial strategy shall relate to a period of 10 or more consecutive financial years.

    (5) The first long-term financial strategy prepared under this section shall relate to a period that begins on the 1st day of July 1998, and shall be adopted before that date.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

    Section 122K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122L Content of long-term financial strategy
  • [Repealed]

    The long-term financial strategy required by section 122K of this Act shall cover—

    • (a) The estimated expenses, including an allowance for the cost of debt servicing and for the decline in the service potential of assets, necessary to meet the identified needs of the local authority over the period of the strategy:

    • (b) The reasons why activities giving rise to the estimated expenses are to be engaged in:

    • (c) The proposed sources of funds to cover the estimated expenses:

    • (d) Estimated cashflow projections for the period of the strategy, including the results of any planned asset sales and changes in working capital:

    • (e) Estimates in relation to the creation and realisation of reserves, investments, and assets:

    • (f) Estimated changes in the level of equity over the period of the strategy:

    • (g) Estimated long-term borrowing requirements for the period of the strategy:

    • (h) Estimates of commitments and contingencies for future events that the local authority could reasonably expect to occur and are associated with the actions that the local authority could reasonably expect to take:

    • (i) Such other financial and non-financial information as is necessary to meet the requirements of section 122C(1) of this Act.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

    Section 122L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122M Significant forecasting assumptions of long-term financial strategy
  • [Repealed]

    The long-term strategy required by section 122K of this Act shall clearly identify—

    • (a) All the significant forecasting assumptions and risks underlying the financial estimates provided under section 122L of this Act; and

    • (b) In any case where significant forecasting assumptions involve a high level of uncertainty, the fact of that uncertainty and an estimate of the potential effects of that uncertainty on the financial estimates provided.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

    Section 122M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122N Funding policy
  • [Repealed]

    (1) Every local authority shall, not less than once every 3 years, prepare and adopt a funding policy.

    (2) Every funding policy shall be prepared as part of an annual plan and adopted in accordance with the special consultative procedure.

    (3) In any year in which a local authority does not prepare and adopt a funding policy, an outline of the current funding policy shall be included in the annual plan.

    (4) The first funding policy prepared under this section shall be adopted for the financial year commencing on the 1st day of July 1998.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

    Section 122N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122O Content of funding policy
  • [Repealed]

    (1) The funding policy required by section 122N of this Act shall show the manner in which section 122C(1)(d) of this Act has been complied with and, in so doing, shall show, for each function of the local authority,—

    • (a) The allocation in any relevant year of the costs of that function, or, where the expenditure needs of any function include significant components that can reasonably be differentiated in terms of section 122C(1)(d) of this Act, the allocation of costs of each such component; and

    • (b) The rationale, in terms of section 122C(1)(d) of this Act, for any allocation of costs including, where that allocation has been determined wholly or partly by the considerations specified in section 122G(b) of this Act, the specific issues of fairness and equity taken into account; and

    • (c) Where the allocation of costs differs from that identified under section 122E(1)(a) of this Act, a general description of the effect of that difference in terms of the allocation of costs between persons or categories of persons.

    (2) The funding policy required by section 122N of this Act shall show, for the district as a whole, the mix of funding mechanisms (being funding mechanisms described in subsection (3) of this section) required to meet the total funding requirements of the local authority for that year, and shall explain how those funding mechanisms will achieve the allocations of costs described under subsection (1)(a) of this section.

    (3) For the purposes of subsection (2) of this section, the funding mechanisms shall be—

    • (a) general rates set on rateable value; and

    • (b) uniform annual general charges; and

    • (c) targeted rates.

    • (d) Fees and charges levied for the performance of the function or provision of the service towards which they are applied:

    • (e) Revenue in respect of any other separate function or activity of the local authority:

    • (f) Other sources of revenue of any kind:

    • (g) Long-term borrowing under Part 7B of this Act:

    • (h) Capital sums from any source.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Subsection (3)(a) to (3)(c) were substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Section 122O was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122P Investment policy
  • [Repealed]

    (1) Every local authority shall, by resolution, adopt an investment policy.

    (2) An outline of the investment policy shall be included in every annual plan.

    (3) The first investment policy prepared under this section shall be adopted for the financial year commencing on the 1st day of July 1998.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122Q Content of investment policy
  • [Repealed]

    The investment policy required by section 122P of this Act shall include—

    • (a) The general policy of the local authority on how its financial assets, including, but not limited to, trust funds, special funds, shares, property held in whole or in part for investment purposes, and financial reserves, are to be managed:

    • (b) Any policy of the local authority on its investments generally, including—

      • (i) The mix of investments in terms of the functions and expenditure needs of the local authority; and

      • (ii) The acquisition of new investments:

    • (c) Any policy of the local authority as to the disposition of—

      • (i) Revenue from its investments; and

      • (ii) Proceeds of sale of assets:

    • (d) An outline of the procedures by which investments are to be managed and reported to the council:

    • (e) An outline of how risks associated with investments are to be assessed and managed.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122R Borrowing management policy
  • [Repealed]

    (1) Every local authority shall, by resolution, adopt a borrowing management policy.

    (2) An outline of the borrowing management policy shall be included in every annual plan.

    (3) The first borrowing management policy prepared under this section shall be adopted for the financial year commencing on the 1st day of July 1998.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122R was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122S Content of borrowing management policy
  • [Repealed]

    The borrowing management policy required by section 122R of this Act shall include—

    • (a) The interest rate exposure policy of the local authority:

    • (b) The liquidity policy of the local authority:

    • (c) The credit exposure policy of the local authority:

    • (d) The debt repayment policy of the local authority:

    • (e) Any specific borrowing limits determined by the local authority:

    • (f) Any specific policy of the local authority as to the giving of security.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122T Changes to long-term financial strategy and policies
  • [Repealed]

    (1) The outline, in any annual plan, of the local authority's long-term financial strategy, funding policy, investment policy, and borrowing management policy shall include an explanation of any significant changes between—

    • (a) The strategy and policies for the financial year in respect of which the annual plan is to be adopted; and

    • (b) The strategy and policies adopted in respect of the previous financial year.

    (2) Where any material error is identified in any current long-term financial strategy, funding policy, investment policy, or borrowing management policy,—

    • (a) The local authority shall, as soon as practicable, by resolution publicly notified, amend the strategy or policy; and

    • (b) Unless the error is such that the local authority is satisfied on reasonable grounds that no person will otherwise be significantly disadvantaged, the local authority shall prepare and adopt a replacement strategy or policy as early as is lawfully practicable under this Act.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122U Variations between long-term financial strategy and funding, investment, or borrowing management policies
  • [Repealed]

    The description, in any annual plan, of the local authority's long-term financial strategy, funding policy, investment policy, and borrowing management policy shall include—

    • (a) An explanation of any material inconsistency between—

      • (i) The current long-term financial strategy; and

      • (ii) The funding policy, investment policy, or borrowing management policy for the year; and

    • (b) An explanation of how the local authority proposes to address that material inconsistency in future years.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122V Report on long-term financial strategy and policies
  • [Repealed]

    (1) Every local authority shall, as part of its annual report, provide sufficient information about the long-term financial strategy, funding policy, investment policy, and borrowing management policy as will enable an informed assessment of the extent to which the objectives and provisions of the strategy and policies have been met during the year to which the annual report relates.

    (2) The information required by subsection (1) of this section shall include an explanation of any significant variation between—

    • (a) The objectives and policies of the long-term financial strategy, funding policy, investment policy, and borrowing management policy set out in the annual plan for that financial year; and

    • (b) The actual achievement of those objectives and policies as reported under subsection (1) of this section.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122W Limitation of review
  • [Repealed]

    (1) This section applies to any challenge, on the ground that section 122C(1)(d) of this Act has not been complied with, to—

    • (a) Any allocation of costs proposed in any long-term financial strategy; or

    • (b) The selection of any funding mechanism proposed in any funding policy; or

    • (c) Any detail of any funding mechanism proposed in any funding policy.

    (2) Where any person wishes to make a challenge to which subsection (1) of this section applies, that person shall make that challenge by way of a written submission to the local authority in the course of the special consultative procedure relating to—

    • (a) The long-term financial strategy in which the allocation of costs is proposed; or

    • (b) The funding policy in which the selection of the funding mechanism is proposed; or

    • (c) Any annual plan containing an outline of—

      • (i) The long-term financial strategy referred to in paragraph (a) of this subsection; or

      • (ii) The funding policy referred to in paragraph (b) of this subsection.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122W was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122X Statement of compliance
  • [Repealed]

    The annual report of each local authority shall include a statement signed by the Mayor or Chairperson of the local authority and by the principal administrative officer of the local authority that all statutory requirements of this Part of this Act and of Part 7B of this Act regarding financial management and borrowing have been complied with.

    Part 7A (comprising sections 122A to 122X) was inserted, as from 27 July 1996, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 122X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 7AB
Remission and postponement policies and policies for rates relief on Maori freehold land

  • Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

  • Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122XA Remission policy
  • [Repealed]

    (1) A local authority may adopt a policy that provides for remission of rates (a remission policy).

    (2) The remission policy must be prepared as part of the annual plan and adopted in accordance with the special consultative procedure.

    (3) However, if in any year a new remission policy is not prepared and adopted, a summary of the remission policy to be applied by the local authority must be included in the annual plan.

    (4) The remission policy must include a statement of—

    • (a) the objectives sought to be achieved by remission of rates; and

    • (b) the conditions and criteria to be met in order for rates to be remitted.

    (5) In adopting a remission policy, the local authority may consider the matters and objectives set out in section 122XD.

    (6) The remission policy may be amended or revoked only in accordance with the special consultative procedure.

    (7) For the purposes of this section, rates includes penalties payable on unpaid rates.

    Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122XB Postponement policy
  • [Repealed]

    (1) A local authority may adopt a policy that provides for postponement of the requirement to pay rates (a postponement policy).

    (2) The postponement policy must be prepared as part of the annual plan and adopted in accordance with the special consultative procedure.

    (3) However, if in any year a new postponement policy is not prepared and adopted, a summary of the postponement policy to be applied by the local authority must be included in the annual plan.

    (4) The postponement policy must include a statement of—

    • (a) the objectives sought to be achieved by a postponement of the requirement to pay rates; and

    • (b) the conditions and criteria to be met in order for the requirement to pay rates to be postponed.

    (5) In adopting a postponement policy, the local authority may consider the matters and objectives set out in section 122XD.

    (6) The postponement policy may be amended or revoked only in accordance with the special consultative procedure.

    (7) For the purposes of this section, rates includes penalties payable on unpaid rates.

    Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122XC Rates relief policy for Maori freehold land
  • [Repealed]

    (1) A local authority may adopt a policy on rates relief for Maori freehold land that provides for either or both remission of rates or postponement of the requirement to pay rates.

    (2) The policy must be prepared as part of the annual plan and adopted in accordance with the special consultative procedure.

    (3) A local authority must consider whether to adopt a policy under subsection (1)

    • (a) in preparing the annual plan for the year commencing 1 July 2004; and

    • (b) subsequently every 3 years, unless a policy has been adopted within the previous 3 years.

    (4) However, if in any year a new policy is not prepared and adopted, a summary of the policy to be applied by the local authority must be included in the annual plan.

    (5) The policy must include a statement of—

    • (a) the objectives sought to be achieved by remission of rates or postponement of the requirement to pay rates, as the case may be; and

    • (b) the conditions and criteria to be met in order for rates to be remitted or the requirement to pay rates to be postponed, as the case may be.

    (6) The policy may be amended or revoked only in accordance with the special consultative procedure.

    (7) For the purposes of this section, rates includes penalties payable on unpaid rates.

    (8) This section is subject to section 122XD.

    Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122XD Factors applying to policy on rates relief for Maori freehold land
  • [Repealed]

    (1) The local authority must consider the matters set out in subsection (2)

    • (a) in deciding whether or not to adopt a rates relief policy for Maori freehold land under section 122XD; and

    • (b) in determining the content of that policy if a policy is adopted.

    (2) The matters that the local authority must consider under subsection (1) are—

    • (a) the desirability and importance within the district of each of the objectives in subsection (3); and

    • (b) whether, and to what extent, the attainment of any of those objectives could be prejudicially affected if there is no policy that enables remission of rates or postponement of the requirement to pay rates on Maori freehold land; and

    • (c) whether, and to what extent, attainment of those objectives is likely to be facilitated by a policy that enables remission of rates or postponement of the requirement to pay rates on Maori freehold land; and

    • (d) the extent to which different criteria and conditions for rates relief may contribute to different objectives.

    (3) The objectives referred to in subsection (2) are—

    • (a) supporting the use of the land by the owners for traditional purposes:

    • (b) recognising and supporting the relationship of Maori and their culture and traditions with their ancestral lands:

    • (c) avoiding further alienation of Maori freehold land:

    • (d) facilitating any wish of the owners to develop the land for economic use:

    • (e) recognising and taking account of the presence of waahi tapu that may affect the use of the land for other purposes:

    • (f) recognising and taking account of the importance of the land in providing economic and infrastructure support for marae and associated papakainga housing (whether on the land or elsewhere):

    • (g) recognising and taking account of the importance of the land for community goals relating to—

      • (i) preservation of the natural character of the coastal environment:

      • (ii) protection of outstanding natural features:

      • (iii) protection of significant indigenous vegetation and significant habitats of indigenous fauna:

    • (h) recognising the level of community services provided to the land and its occupiers:

    • (i) recognising matters related to the physical accessibility of the land.

    Part 7AB (comprising sections 122XA to 122XD) was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 7B
Borrowing and security

  • Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

  • Part 7B (comprising sections 122Y to 122ZT) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122Y Commencement
  • [Repealed]

    This Part of this Act shall come into force on the 1st day of July 1998.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122Z Interpretation
  • [Repealed]

    In this Part of this Act, unless the context otherwise requires,—

    Asset of a local authority, in relation to a charge or to charging, includes any revenue, rate, or other right or entitlement of the local authority capable of being subjected to a charge

    Borrowing

    • (a) Means the incurring by any means of debt to raise money; and

    • (b) Includes the incurring of debt—

      • (i) Under any contract or arrangement for hire purchase, deferred payment, instalment payment, sale and lease back or buy back, financial lease, loan, overdraft, or other arrangement for obtaining debt finance; or

      • (ii) By the drawing, acceptance, making, endorsement, issue, or sale of bills of exchange, promissory notes and other negotiable instruments and debt securities; but

    • (c) Does not include debt incurred in connection with the hire purchase of goods, the deferred purchase of goods or services, or the giving of credit for the purchase of goods or services, if—

      • (i) The period for which the indebtedness is outstanding is less than 91 days and the indebtedness is not incurred again promptly after payment; or

      • (ii) The goods or services are obtained in the ordinary course of the local authority's performance of its lawful functions, on terms and conditions available generally to parties of equivalent credit worthiness, for amounts not exceeding in aggregate an amount—

        • (A) Determined by resolution of the local authority as not being so significant as to require specific authorisation; or

        • (B) Recorded for the purposes of this subparagraph of this paragraph of this definition in the then current borrowing management policy of the local authority;

        and borrow has a corresponding meaning:

    Charge includes a mortgage, a floating charge, and any other non-possessory security interest deliberately created by the local authority concerned

    Incidental arrangement means a contract or arrangement described in section 122ZB of this Act; and includes the creation of a charge

    Loan includes the amounts raised or indebtedness incurred, as the context may require, as a result of borrowing.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Power to borrow

122ZA General power to borrow
  • [Repealed]

    (1) A local authority may borrow in such manner, on such terms and conditions, and for such of its lawful purposes as it considers appropriate.

    (2) Subsection (1) of this section, in its application to a local authority, is subject to this Act and to any other Act relating to borrowing in general, or by local authorities, or by that local authority in particular.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZAA Internal borrowing
  • [Repealed]

    (1) To avoid doubt, a local authority may—

    • (a) apply funds held by it for a particular purpose to any other purpose:

    • (b) borrow from the Commissioners of any sinking fund established by the local authority under the Local Authorities Loans Act 1956 or any prior enactment.

    (2) The application of the funds or borrowing under subsection (1) must be treated as if it were borrowing under section 122ZA and—

    • (a) this Part applies with all necessary modifications; and

    (3) The local authority may meet the costs of the borrowing (including interest and principal) from the proceeds of any rate.

    (4) Section 86(6) of the Local Authorities Loans Act 1956 does not limit subsection (1).

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 12ZZA was inserted, as from 31 March 2002, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See sections 137(2) to 147 of that Act for savings and transitional provisions.

    Section 122ZAA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZB Power to enter into incidental arrangements
  • [Repealed]

    (1) Subject to this Part of this Act, a local authority may, on such terms and conditions as it considers appropriate, enter into and perform any contract or arrangement (in this Part of this Act referred to as an incidental arrangement) that is—

    • (a) A contract or arrangement for the management, reduction, sharing, limiting, assumption, offset, or hedging of financial risks and liabilities in relation to any investment or investments or any loan or loans or other incidental arrangement, whether or not that contract or arrangement involves—

      • (i) The expenditure, borrowing, or lending of money; or

      • (ii) The local authority undertaking to make payments in exchange for another person undertaking to make payments to the local authority; or

      • (iii) The creation or acquisition or disposal of any property or right; or

    • (b) A contract or arrangement with any bank, financial institution, or other person providing for any person to act as underwriter, broker, indemnifier, guarantor, accommodation party, manager, dealer, trustee, registrar, or paying, fiscal, or other agent for, or in connection with, any loan or investment.

    (2) Subject to this Part of the Act, a local authority may, on such terms and conditions as it considers appropriate, enter into and perform obligations to pay a penalty or a default rate of interest in respect of any loan or incidental arrangement.

    (3) Entry into incidental arrangements by a local authority shall be subject to the requirements of this Act and any other Act relating to borrowing in general, or by local authorities, or that local authority in particular.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZC Prohibition on borrowing in foreign currency
  • [Repealed]

    No local authority shall borrow or enter into incidental arrangements, within or outside New Zealand, in currency other than New Zealand currency.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Procedure for raising loans

122ZD Procedure for borrowing money
  • [Repealed]

    (1) A local authority shall not borrow or enter into any incidental arrangement other than pursuant to and in accordance with a resolution of the local authority that has been passed at a meeting or at a part of a meeting that was open to the public.

    (2) A resolution passed for the purposes of subsection (1) of this section may be in general terms and may relate to more than one loan or incidental arrangement; but shall—

    • (a) State the purpose or purposes of the loan or incidental arrangement:

    • (b) Describe the general nature of any security to be given for the loan or incidental arrangement:

    • (c) Indicate that the local authority approving the resolution has considered the risks and benefits to the local authority of the loan or incidental arrangement and of any security to be given in relation to the loan or incidental arrangement:

    • (d) Indicate that the local authority approving the resolution is satisfied that the general terms and conditions of the loan or incidental arrangement and of any security to be given in relation to the loan or incidental arrangement are in accordance with the borrowing management policy adopted by the local authority under section 122R of this Act, and, in particular, the limits and guidelines set out in that borrowing management policy.

    (3) If the precise terms and conditions of the loan or incidental arrangement and any security to be given in relation to the loan or incidental arrangement are not specified in the resolution, the resolution shall state the names or offices of the persons to whom the authority to determine those terms and conditions is to be delegated.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Securities and charges

122ZE Security for loans
  • [Repealed]

    (1) Subject to this section and to subsections (5) and (6) of section 122ZN of this Act, a local authority may charge as security for any loan, or the performance of obligations under any incidental arrangement, any one or more of the assets of the local authority.

    (2) If, under subsection (1), a local authority has charged a rate or rates revenue, the local authority must be treated as having set a special rate.

    (2A) The amount of the special rate is the amount each year of the rateable value of land in the district, or a defined part of the district, that is sufficient to provide in that year for the payment of the local authority's commitments for the loan or incidental arrangement during that year plus an additional 10%.

    (2B) The special rate must be treated as—

    • (a) having been set on the date on which money was first raised under the loan or the obligations were incurred under the incidental arrangement; and

    • (b) continuing until the loan is paid off or the obligations incurred under the incidental arrangement are fully performed.

    (3) Section 122ZF applies to every special rate under subsection (2).

    (4) A local authority shall not charge as security for any loan or incidental arrangement—

    • (a) Any land or interest in land (including improvements) received or receivable from the Crown for any specific purpose, except with the prior written consent of the Minister:

    • (b) Any land vested in the local authority that is a reserve under the Reserves Act 1977, unless the loan or incidental arrangement so secured is raised or entered into exclusively for the purposes for which the reserve is held:

    • (c) Any asset held by the local authority on or subject to a trust, or as an endowment, unless the loan or incidental arrangement so secured is raised or entered into exclusively for purposes consistent with the objects of the trust or endowment, and the charge is not a breach of the terms of the trust or endowment.

    (5) If a local authority charges any asset in breach of this section, then, without prejudice to the provisions of sections 122ZG and 122ZN(5) of this Act, the local authority shall, as soon as reasonably practicable after becoming aware of the breach, take such steps as may be necessary to reinstate or replace and maintain the asset for the purposes for which it was held by the local authority, free of the effects (if any) of the charge.

    (6) For the avoidance of doubt it is hereby declared that a local authority may meet its commitments in respect of the repayment of any loan out of its general revenue.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Subsection (2) was substituted, and subsections (2A) and (2B) were inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Subsection (3) was substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

    Section 122ZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZF Provisions applying to special rates
  • [Repealed]

    (1) Any special rate deemed to have been made under section 122ZE(2) of this Act may be levied only by a receiver appointed under section 122ZL of this Act.

    (2) Any special rate deemed to have been made under section 122ZE(2) of this Act shall be deemed not to have been made on rateable property in respect of which an election under section 65 or section 77 of the Rating Powers Act 1988 has been exercised by any ratepayer in respect of any repayment loan or the works for which any loan was borrowed.

    (3) Where, after a special rate is deemed to be made, any property within the area affected thereby becomes rateable property, that property shall become liable to the special rate and shall be rated accordingly.

    (4) A special rate to provide for the annual charges in respect of a loan or incidental arrangement of a kind specified in section 122ZE(2) of this Act as having been borrowed or entered into for the benefit of any defined part of a district shall be deemed to be made and may be levied within that part only.

    Compare: 1988 No 97 s 55(3), (5), (6)

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZG Effects of breach on third parties
  • [Repealed]

    (1) In this section, protected transaction means—

    • (a) Any deed, agreement, right or obligation constituting, relating to, or for the purpose of, any borrowing or incidental arrangement; and

    • (b) Includes—

      • (i) Any charge, guarantee, or security for the payment of any amount (including any loan) payable in relation to or for the purpose of any borrowing or incidental arrangement; and

      • (ii) Any conveyance or transfer of any property, in relation to, or for the purpose of, any borrowing or incidental arrangement.

    (2) Every protected transaction entered into or purportedly entered into by or on behalf of a local authority shall be valid and enforceable despite—

    • (a) The local authority failing to comply with any provision of this Act in any respect; or

    • (b) The protected transaction, or the entry into or performance of the protected transaction, being contrary to any provision of this Act; or

    • (c) The entry into or performance of the protected transaction being outside the capacity, rights, or powers of the local authority, or being for a purpose not authorised by this Act or any other Act; or

    • (d) A person held out by the local authority as being a member, employee, agent, or attorney of the local authority—

      • (i) Not having been validly appointed as such; or

      • (ii) Not having the authority to exercise any power or to do anything either which the person is held out as having or which a person appointed to such a position would customarily have; or

    • (e) A document issued, or purporting to be issued, on behalf of the local authority by a person with actual or customary authority, or held out as having such authority, to issue the document, not being valid or not being genuine.

    (3) A certificate signed, or purporting to be signed, by the principal administrative officer of the local authority to the effect that the local authority has complied with this Act in connection with a protected transaction shall be conclusive proof for all purposes that the local authority has so complied.

    (4) Subsections (2) and (3) of this section shall apply even though a person of the kind referred to in paragraph (d) or paragraph (e) of subsection (2) of this section or in subsection (3) of this section acts fraudulently or forges a document that appears to have been signed on behalf of the local authority, unless the person dealing with the local authority or a person who had acquired property, rights, or interests from the local authority acts in bad faith.

    (5) A person shall not be able to rely on subsection (2) or subsection (3) of this section in relation to any protected transaction if that person—

    • (a) Has dealt in bad faith with a local authority in relation to that protected transaction; or

    • (b) Had actual knowledge before the protected transaction was entered into that it was in breach of section 122ZC of this Act.

    (6) For the purpose of subsections (4) and (5) of this section,—

    • (a) A person shall not be regarded as acting in bad faith by reason only of the fact that, in relation to any protected transaction, the person knew or ought to have known of the existence of any of the states of affairs referred to in paragraphs (a) to (e) of subsection (2) of this section; and

    • (b) A person shall be presumed to have acted in good faith unless the contrary is proved.

    (7) Nothing in this section shall affect the ability of any person to obtain any remedy from a Court that has the effect of preventing or restraining temporarily or permanently a local authority from doing any act or thing in the future (other than an act or thing necessary for the performance of a protected transaction that has already been entered into).

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Registration of charges

122ZH Registration of charges
  • [Repealed]

    (1) This section and sections 122ZI to 122ZK of this Act shall apply to all charges given by a local authority after the date of commencement of this Part of this Act.

    (2) Every local authority shall register with the Registrar of Companies a copy of the instrument (or, as the case may require, particulars) in respect of every charge to which this section applies created over any asset of the local authority, as if the local authority were a company or limited company within the meaning of the Companies Act 1955.

    (3) Subject to this section, the provisions of Part 4 of the Companies Act 1955 shall apply as if—

    • (a) Every reference to the company in general meeting were a reference to a meeting of the local authority:

    • (b) Every reference to the officers of a company were a reference to the members and the chief executive officer or senior executive officers of the local authority:

    • (c) Every reference to the registered office of a company were a reference to the principal office of the local authority:

    • (d) Every reference to the Registrar included a reference to the District Registrar as defined in the Companies Act 1955:

    • (e) The charges required to be registered by virtue of section 102(2) of the Companies Act 1955 included any charge which is created pursuant to section 122ZE of this Act and which would, if given by a company, be required by section 102(2) of the Companies Act 1955 to be registered under the Companies Act 1955:

    • (f) Section 103(1) of the Companies Act 1955 applied, in the case of charges given by a local authority, only to charges created after the date of commencement of this Part of this Act.

    (4) Section 103(2) of the Companies Act 1955 shall not apply to charges given by a local authority.

    (5) Every charge to which this section applies shall, so far as any charge on a local authority's assets is conferred by the charge to which this section applies, be void against a Commissioner appointed under Part 43A or section 721 of this Act or a Commission appointed under Part 43B of this Act and any creditor of the local authority, unless the charge is registered in the manner and within the time prescribed by section 102 of the Companies Act 1955, or, if the time for registration is extended under section 108 or section 108A of the Companies Act 1955, then within the extended time, but without prejudice to any contract or obligation for repayment of the money thereby secured.

    (6) Where a charge becomes void under subsection (5) of this section, the money secured thereby shall immediately become payable.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Subsection (5) was amended, as from 3 May 2001, by section 3(2) Companies Act 1955 Amendment Act 2001 (2001 No 17) by inserting the expression or section 108A.

    Section 122ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZI Register of charges maintained by Registrar of Companies
  • [Repealed]

    (1) For the purposes of enabling any member of the public to establish, verify, or assess the charges registered against the asset or assets of a local authority and the nature and terms of the obligations that those charges secure, the Registrar of Companies shall establish and maintain a register in respect of each local authority which has submitted documents for registration under section 122ZH of this Act for all documents so registered.

    (2) The register shall contain the information specified in section 105(1) of the Companies Act 1955.

    (3) The register may be divided into different parts, which may be kept in such places in New Zealand as the Registrar determines from time to time.

    (4) The register established pursuant to subsection (1) of this section may be kept in such manner as the Registrar thinks fit including, either wholly or partly, by means of a device or facility—

    • (a) That records or stores information electronically or by other means; and

    • (b) That permits the information so recorded or stored to be readily inspected or reproduced in useable form.

    (5) The register established pursuant to subsection (1) of this section shall be so arranged so that it may be searched by—

    • (a) Reference number; or

    • (b) The name of the local authority; or

    • (c) Any other search reference specified in regulations made under this Act or in a code of practice issued under Part 6 of the Privacy Act 1993 (being a code of practice that is consistent with the purposes set out in subsection (1) of this section).

    (6) If a document received by the Registrar for registration under section 122ZH of this Act—

    • (a) Is not in the prescribed form, if any; or

    • (b) Does not comply with the Companies Act 1955 or regulations made under the Companies Act 1955; or

    • (c) Is not printed or typewritten; or

    • (d) Where the register established pursuant to subsection (1) of this section is kept wholly or partly by means of a device or facility referred to in subsection (4) of this section, is not in a form that enables particulars to be entered directly by electronic or other means in the device or facility; or

    • (e) Has not been properly completed; or

    • (f) Contains material that is not clearly legible,—

    the Registrar may refuse to register the document and, in that event, must request either—

    • (g) That the document be appropriately amended or completed and submitted for registration again; or

    • (h) That a fresh document be submitted in its place.

    (7) For the purposes of this section, a document is registered when—

    • (a) The document itself is constituted part of the register established pursuant to subsection (1) of this section; or

    • (b) Particulars of the document are entered in any device or facility referred to in subsection (4) of this section.

    (8) Section 105(3) of the Companies Act 1955 shall not apply to the register maintained under this section or to the documents registered under section 122ZH of this Act.

    (9) A person may, on payment of any fees that are prescribed, inspect—

    • (a) Any document that constitutes part of the register established pursuant to subsection (1) of this section:

    • (b) Particulars of any registered document that have been entered on any device or facility referred to in subsection (4) of this section:

    • (c) Any registered document particulars of which have been entered in any such device or facility—

    during the hours when the office of the Registrar is open to the public for the transaction of business on a working day.

    (10) The provisions of sections 363(2) to (5) of the Companies Act 1993 shall apply in respect of each document registered pursuant to this section as if—

    • (a) Every reference to the New Zealand register or the overseas register were a reference to the register established pursuant to subsection (1) of this section; and

    (11) In this section, reference to the Registrar includes reference to the District Registrar as defined in the Companies Act 1955.

    (12) The fees payable to the Registrar—

    • (a) For the inspection of any document on the register; or

    • (b) For the registration of any instrument creating or evidencing any charge; or

    • (c) For registering satisfaction of a charge or release or partial release of property from a charge—

    shall be the same fees as would be payable if the local authority were a company incorporated under the Companies Act 1993 and the charge were being registered under the Companies Act 1955 in respect of that company.

    Compare: 1993 No 105 ss 360(2), (4), 362(2), (3), 363(1)

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZJ Register of charges maintained by local authority
  • [Repealed]

    (1) Every local authority that has any charge over any of its assets shall establish and maintain at its principal office a register of, and keep copies of, all instruments specifically affecting any property of the local authority.

    (2) The register referred to in subsection (1) of this section shall be available for inspection during ordinary office hours.

    (3) Except where the person inspecting the register is supplied with copies of or any particulars from the register, no fee shall be payable for inspection of the register.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZK Registration of subsisting charges
  • [Repealed]

    (1) Notwithstanding section 122ZH(1) of this Act, every local authority shall, not later than the 30th day of June 1999, register copies of every instrument in respect of all charges created over any asset still owned by the local authority on or before the date of commencement of this Part of this Act and subsisting on the date of such registration that would otherwise have been registrable under this section had the charge been given after the date of commencement of this Part of this Act in accordance with the procedure set out in section 122ZH of this Act.

    (2) Any failure to register, on or before the 30th day of June 1999, any instrument to which subsection (1) of this section applies shall result in the provisions of subsections (5) and (6) of section 122ZH of this Act applying as if reference to the requirement to register the charge in accordance with sections 102 and 108 of the Companies Act 1955 were a reference to the requirement to register such charge on or before the 30th day of June 1999.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Receivership

122ZL Appointment of receivers
  • [Repealed]

    (1) Subject to sections 122ZG and 122ZI of this Act, and without limiting any other rights or remedies of the holder of a charge over any asset of a local authority, an instrument creating or evidencing the terms and conditions of the charge may provide for the appointment of a receiver of such assets in such terms as the parties may agree and the holder of that charge may exercise any such other rights or use any such other remedies.

    (2) Subject to sections 122ZN and 122ZO of this Act and to subsection (3) of this section, the High Court may, on the application of any creditor of the local authority, appoint a receiver of any asset of a local authority or any deemed special rate for such period, with such rights, powers, and duties, and on such terms and conditions including as to security and remuneration, as the Court considers appropriate in all the circumstances.

    (3) When considering the terms and conditions upon which a receiver can be appointed by a Court pursuant to subsection (2) of this section, the Court shall—

    • (a) Take account of the interests of both the secured and non-secured creditors of the local authority, as against—

      • (i) The interests of the local authority itself; and

      • (ii) The requirement of the local authority to provide those services that are essential for the maintenance of public health and safety; and

      • (iii) The interests of the ratepayers with property within the area of the local authority; and

      • (iv) The interests of the general public living within the area of the local authority; and

    • (b) Take account of the interests of secured creditors as against the interests of non-secured creditors of the local authority.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZM Powers and duties of receivers
  • [Repealed]

    (1) A receiver of any asset of a local authority shall, as the circumstances and the context permit, be affected by the restrictions and responsibilities which by law affect a receiver of a company or of an asset or property or rights of a company as if the local authority were a company.

    (2) The provisions of the Receiverships Act 1993 shall be deemed to apply with the following modifications and exceptions:

    • (a) Every reference to a director or the directors shall be read as if it were a reference to a member or the members of the local authority:

    • (b) Every reference to a liquidator, except the reference in section 30(3) of the Receiverships Act 1993, shall be read as if it were a reference to a Commissioner appointed under Part 43A or section 721 of this Act or a Commission appointed under Part 43B of this Act:

    • (c) Every reference to a liquidation, except the references in section 30(3) of the Receiverships Act 1993, shall be read as if it were a reference to the appointment of a Commissioner under Part 43A or section 721 of this Act or a Commission appointed under Part 43B of this Act:

    • (d) Every reference to the Registrar shall be read as if it were a reference to the Registrar of Companies:

    • (e) Unless the Court orders otherwise, none of the following persons may be appointed or act as a receiver:

      • (ii) Any person disqualified by section 3 of the Local Authorities (Members' Interests) Act 1968 or section 101X of this Act from holding office as a member of the local authority:

    • (f) The obligation of a local authority to comply with section 12 of the Receiverships Act 1993 is subject to section 122ZN(4) of this Act, in that a local authority shall only be required to comply with section 12 of the Receiverships Act 1993 to the extent that any such compliance shall not, in the reasonable opinion of the local authority, interfere with the local authority's ability to exercise or perform its rights, powers, and duties in relation to those assets not charged in favour of the appointor of the receiver or not the subject of the receivership:

    • (g) Section 13 of the Receiverships Act 1993 shall be subject to section 122ZN(4) of this Act, in that the power of the receiver to execute documents in the name of and on behalf of a local authority, and to use any common seal of a local authority may be exercised only in relation to assets charged in favour of the appointor of the receiver:

    • (k) Where the receiver prepares a report under section 23 or section 24 of the Receiverships Act 1993, the receiver shall make that report available for public inspection at the offices and libraries of the relevant local authority and shall make copies of any such report available to the public free of charge or at a reasonable charge:

    • (q) Where a Commissioner of a local authority is or has been appointed under Part 43A or section 721 of this Act or a Commission has been appointed under Part 43B of this Act (either before or after the appointment of a receiver in respect of some or all of the assets or special rates of that local authority under subsection (1) or subsection (2) of section 122ZL of this Act), the High Court may order that any receiver so appointed shall not, until the High Court so orders, exercise any of the rights, powers, and duties of a receiver:

    • (r) Sections 34(3), 35(2), and 37(1) of the Receiverships Act 1993 shall apply as if the Secretary and the Controller and Auditor-General were specified in those sections as persons entitled to make applications under those sections:

    • (t) Copies of the documents required by sections 8(3), 11(4), 28(1), and 29(1) of the Receiverships Act 1993 to be sent to the Registrar (within the meaning of that Act) shall be sent to the Secretary and to the Controller and Auditor-General.

    (3) Where the assets subject to a charge to which this section applies comprise rates or other revenues then, for the purposes of this section, from the date of the appointment of the receiver and until such time as the appointment terminates,—

    • (a) The rates or other revenues so charged shall vest in the receiver and shall cease to be vested in the local authority; and

    • (b) All powers necessary for the recovery of the rates or other revenues shall cease to be exercised by the local authority and shall be conferred on and may be exercised by the receiver.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZN Constraints on receiver
  • [Repealed]

    (1) Notwithstanding anything in this Part of this Act or in any instrument providing for or governing the appointment of a receiver, a receiver of any asset of a local authority shall ensure that no action of the receiver prevents the provision of those services of the local authority that are essential for the maintenance of public health and safety requirements.

    (2) For the purposes of this section,—

    • (a) An action of a receiver shall be deemed not to prevent provision of the services specified in subsection (1) of this section unless—

      • (i) That action necessarily results in that outcome; and

      • (ii) The outcome is not more fairly attributable to the act, or omission to act, of persons outside the control of the receiver; and

    • (b) The term receiver includes both a receiver and a manager and includes, where persons are appointed jointly or severally as receivers and managers or both jointly and severally as receivers or managers, each of those persons.

    (3) A receiver shall distribute the proceeds of collection of the money and assets the receiver is entitled to collect in the following order of priority:

    • (a) First, the receiver's remuneration, and costs incurred by the receiver and reimbursement of the costs of obtaining appointment of the receiver to any person who has incurred them:

    • (b) Secondly, any amounts payable in respect of claims by law to be preferred to claims under any charge over those assets:

    • (c) Thirdly, any amounts required to be paid out of the proceeds of collection of the money and assets to enable the receiver to provide those services specified in subsection (1) of this section:

    • (d) Fourthly, the amounts secured by any charges over those assets in the order of priority accorded those charges, so as to preserve the respective entitlements of the holders of those charges:

    • (e) Fifthly, if the receiver was appointed on the application of an unsecured creditor or unsecured creditors, to those creditors or, as the Court may direct, any amounts payable to them,—

    and any residue shall be paid to or applied for the benefit of the local authority, as it may direct.

    (4) A receiver appointed under section 122ZL(1) or section 122ZL(2) of this Act, in exercising any powers (including those of a manager), shall not be entitled to control, dispose of, or otherwise interfere with the local authority's ability to exercise or perform its rights, powers, and duties in relation to assets not charged in favour of the appointor of a receiver.

    (5) Subject to subsection (6) of this section, where any land vested in a local authority is—

    • (b) Land over which the local authority has no power of disposition; or

    • (c) Land in respect of which the local authority's power of disposition is conditional,—

    the power of disposition that a receiver of that local authority has in respect of that land is, where—

    • (d) That receiver is a receiver appointed by a Court under section 122ZL(2) of this Act; or

    • (e) The receiver's powers are conferred by a charge that contravenes section 122ZE(4) of this Act,—

    limited to a power of disposition by way of lease or licence for a term or terms not exceeding in the aggregate 9 years.

    (6) The powers of disposition that a receiver of the kind described in paragraph (d) or paragraph (e) of subsection (5) of this section has in respect of any land of the kind described in paragraph (c) of that subsection comprise, in addition to the power specified in that subsection, the same conditional power of disposition as the local authority.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZO Protection for receiver
  • [Repealed]

    (1) Subject to subsection (4) of this section, no proceedings shall lie against any receiver of a local authority for breach of section 122ZN(1) of this Act—

    • (a) By the receiver; or

    • (b) By any adviser or delegate of the receiver (being an adviser or delegate who has been reasonably selected and reasonably supervised).

    (2) Subject to subsection (4) of this section, no proceedings shall lie against any adviser or delegate of any receiver of a local authority for a breach of section 122ZN of this Act other than at the instance of the receiver.

    (3) Subject to subsection (4) of this section, a receiver (and any adviser or delegate who has been reasonably selected and reasonably supervised, as the case requires) shall, in respect of any liability relating to the exercise or purported exercise or omission to exercise any right or power of the receiver by the receiver or the adviser of the receiver or the delegate of the receiver, be indemnified—

    • (a) By the local authority, in the case of a receiver appointed by the High Court under section 122ZL(2) of this Act:

    • (b) Out of the assets subject to receivership, in the case of any other receiver but subject to any contrary terms of appointment.

    (4) No person shall be exempted from liability under subsection (1) of this section, or indemnified under subsection (3) of this section for any act or omission to act which constitutes bad faith or gross negligence on the part of such person.

    (5) Nothing in this section limits or affects the provisions of sections 19 and 20 of the Receiverships Act 1993.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Miscellaneous provisions

122ZP Loans not guaranteed by Crown
  • [Repealed]

    (1) No loan raised by a local authority nor any incidental arrangement shall be guaranteed by the Crown unless expressly authorised pursuant to section 59 of the Public Finance Act 1989.

    (2) Unless expressly authorised pursuant to the Public Finance Act 1989, no liability in respect of any local authority loan or any incidental arrangement shall attach to or be paid out of the public revenues of New Zealand.

    (3) Where a local authority issues a prospectus under the Securities Act 1978, that prospectus shall (unless the securities being offered pursuant to the prospectus are expressly guaranteed by the Crown pursuant to the Public Finance Act 1989) contain a statement to the effect that the securities being offered pursuant to the prospectus are not guaranteed by the Crown.

    Compare: 1956 No 63 s 105

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZQ Assimilation of existing stock with new stock
  • [Repealed]

    Any local authority that wishes to confer on its loan creditors or any specified class of creditor the benefit of a charge over rates or other revenue to rank pari passu with charges created over such assets for the benefit of holders of its debentures or any class of its debentures at the date of commencement of this Part of this Act, shall ensure that any instrument containing such a charge contains provisions concerning the appointment of a receiver and other terms and conditions which extend to benefit the holders of that existing debenture stock without prejudice to the rights of such existing holders.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZR Provisions relating to sinking funds
  • [Repealed]

    (1) Where a local authority has established a sinking fund to provide for the repayment of any loan, and it repurchases and cancels or redeems or otherwise repays in part any loan in respect of which the sinking fund is held before its stated maturity, the local authority may, with the consent in writing of the Audit Office, require the release to the local authority of such amount of the sinking fund as will leave it (with probable accumulations of interest) sufficient to repay the balance of the loan at maturity.

    (2) Where a local authority has established a sinking fund for the repayment of any loan, the local authority may, if consent is given in accordance with subsection (2A), require the release to the local authority within 4 months of such notice of all amounts standing to the credit of that sinking fund or the transfer of the securities in which such amounts are invested.

    (2A) Consent is given in accordance with this subsection if—

    • (a) Consent is given in writing; and

    • (b) Consent is given by the Commissioners of the sinking fund; and

    • (c) Consent is given by—

      • (i) The creditor of the relevant loan; or

      • (ii) Where there are 2 or more creditors of the relevant loan,—

        • (A) All creditors of the relevant loan; or

        • (B) Some creditors of the relevant loan, if the sinking fund is sufficient to repay the balance of the loan on maturity in respect of amounts owed to creditors who do not consent.

    (3) Before a local authority makes a request for the release of a sinking fund pursuant to subsection (2) of this section, it shall ensure that the local authority will have available, in easily realisable funds, such amounts as may be required to repay the principal or interest of the loan when the principal or interest becomes payable.

    (4) In the case of any appointment of Public Trust or the Board of Trustees of the National Provident Fund (referred to in this subsection as the retiring Commissioner) as sole Commissioner of the sinking fund of any loan in respect of which a local authority is liable, then notwithstanding any other enactment, any rule of law, or the terms of the appointment,—

    • (a) The retiring Commissioner may, with the consent of the Governor-General in Council and of the proposed replacement Commissioner, revoke that appointment and appoint any person otherwise entitled to be a Commissioner in the retiring Commissioner's place; and

    • (b) The retiring Commissioner shall, forthwith after the revocation of the retiring Commissioner's appointment, transfer the money or assets representing the sinking fund to the replacement Commissioner; and

    • (c) No liability shall be incurred by the retiring Commissioner in respect of any sinking fund after completion of the transfer of the money or assets representing that fund.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Subsection (1) was amended, as from 10 September 1999, by section 3(1) Local Government Amendment (No 4) Act 1999 (1999 No 108) by omitting the words repays any loan and substituting the words repays in part any loan.

    Subsection (2) was amended, as from 10 September 1999, by section 3(2) Local Government Amendment (No 4) Act 1999 (1999 No 108) by omitting the words with the consent in writing of the Commissioners for the sinking fund and the creditor, or person acting on behalf of the creditor, of the relevant loan, and substituting the words if consent is given in accordance with subsection (2A).

    Subsection (2A) was inserted, as from 10 September 1999, by section 3(3) Local Government Amendment (No 4) Act 1999 (1999 No 108).

    Subsection (4) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words Public Trust for the words the Public Trustee. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

    Section 122ZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZS Conversion of existing loans
  • [Repealed]

    For the avoidance of doubt, local authorities and lenders may agree to apply the provisions of this Part of this Act to loans raised before the enactment of this Part of this Act.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZT Preservation of existing status
  • [Repealed]

    Nothing in this Part of this Act shall be construed to affect the validity or invalidity of any act, matter, or thing which occurred before the commencement of this Part of this Act.

    Part 7B (comprising sections 122Y to 122ZT) was inserted, as from 1 July 1998, by section 3 Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 122Y of this Act as to the commencement of Part 7B.

    Section 122ZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 8
Assessments of united councils

  • Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

  • Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

123 Constituent authorities to meet expenditure
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (2) was amended, as from 20 November 1981, by section 7 Local Government Amendment Act (No 2) 1981 (1981 No 111) by substituting the expression 261 for the expression 623.

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

124 Valuation equalisation
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

125 Alterations to apportionment of expenditure
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 19 January 1981, by section 13(a) Local Government Amendment Act 1980 (1980 No 82) by inserting the words within the period beginning with the 2nd day of March and ending with the 31st day of August in any year. Section 13(b) of that Act inserted the words with effect on and after the 1st day of March next following the date of the resolution.

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

125A Objections as to alterations to apportionment of expenditure
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (5) was amended, as from 19 January 1981, by section 14(1) Local Government Amendment Act 1980 (1980 No 82) by substituting the words after the date of the decision, but in any case not later than the 1st day of February next following the date of the decision for the words after the passing of the resolution.

    Subsection (6) was substituted, as from 19 January 1981, by section 14(2) Local Government Amendment Act 1980 (1980 No 82).

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

126 Assessment of contributions
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

127 Jurisdiction of Magistrate's Court
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

128 Production of documents to be evidence
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

129 Payment of assessments
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

130 Powers of constituent authorities and other territorial authorities in respect of payments
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

131 Powers of united council to recover contributions in case of default
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

132 United councils not to have rating powers
  • [Repealed]

    Part 8 (comprising sections 123 to 132) was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 9
Rates and charges

[Repealed]

  • Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

  • Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

133 Levying and recovery of rates where property situated in region or out-district
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 14 January 1983, by section 6 Local Government Amendment Act (No 2) 1982 (1982 No 166), by inserting the definition if the term system of rating.

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

134 Determination of rating system
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

135 Regional general rate
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

136 Territorial authority general rates
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (3) was inserted, as from 14 January 1983, by section 7 Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

137 Levying of territorial authority general rate where ward accounts kept
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

138 Territorial authority may cease to make and levy general rates separately in each ward
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (3) was amended, as from 18 January 1981, by section 15 Local Government Amendment Act 1980 (1980 No 82), by omitting the words kept pursuant to section 202 of this Act.

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

139 Community general rate
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1A) was inserted, as from 14 January 1983, by section 8(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Subsection (2) was amended, as from 14 January 1983, by section 8(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words and any uniform general charge is made and levied under section 157A of this Act in respect of the rateable properties in the community only.

    Subsection (3) was amended, as from 14 January 1983, by section 8(3) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words and any uniform general charge made and levied under section 157A of this Act in respect of the rateable properties in the community only.

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

140 Regional works and services rates
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

141 Exercise of rating and levying powers of other authorities
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

142 Works and services rates
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 29 March 1985, by section 12(1) Local Government Amendment Act 1985 (1985 No 60), by inserting the words as a separate rate.

    Subsection (2) was amended, as from 29 March 1985, by section 12(2) Local Government Amendment Act 1985 (1985 No 60), by substituting the words another separate rate for the words a separate rate.

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

143 Separate rates
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Paragraph (1)(a) was substituted, as from 18 January 1981, by section 16(1) Local Government Amendment Act 1980 (1980 No 82).

    Subparagraphs (1)(b)(i) and (1)(b)(ii) were amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words Part 29 of this Act for the words Part 16 of the Counties Act 1956.

    Subsection (1)(g) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words section 657 of this Act for the words section 368 of the Counties Act 1956.

    Paragraph (1)(h) was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Paragraph (1)(k) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words Part 25 of this Act for the words Part 3 of the Counties Amendment Act 1961.

    Subsection (1A) was inserted, as from 29 March 1985, by section 13 Local Government Amendment Act 1985 (1985 No 60).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

144 Community improvement and development rates
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsections (1) and (2) were amended. as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words section 668 and section 669 for the words section 630 and section 631 respectively.

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

145 Territorial authority may exempt farm lands in community from improvement and development rates
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Paragraph (1)(c) was amended, as from 18 January 1981, by section 17 Local Government Amendment Act 1980 (1980 No 82), by substituting the words carried out under section 668 for the former words.

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Rating methods

146 Interpretation
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

147 Differential rates
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 147 was substituted, as from 18 January 1981, by section 18 Local Government Amendment Act 1980 (1980 No 82).

    Paragraph (2)(b) was inserted, as from 14 January 1983, by section 9(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Subsection (3) was amended, as from 14 January 1983, by section 9(2) and 9(2)(b) Local Government Amendment Act (No 2) 1982 (1982 No 166), by substituting the words paragraph (b) or paragraph (ba) of subsection (2) and , proposed district scheme, or proposed new district scheme, as the case may be for the former words.

    Subsection (3A) was inserted, as from 14 March 1983, by section 9(3) Local Government Act (No 2) 1982.

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

147A Introduction of differential rating
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 147A was substituted, as from 18 January 1981, by section 18 Local Government Amendment Act 1980 (1980 No 82).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

148 Alteration to system of differential rating
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 148 was substituted, as from 18 January 1981, by section 18 Local Government Amendment Act 1980 (1980 No 82).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

148A Alteration to system of differential rating
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 148A was substituted, as from 18 January 1981, by section 18 Local Government Amendment Act 1980 (1980 No 82).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

149 Revocation of differential rating
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsections (3) and (4) were inserted, as from 18 January 1981, by section 20 Local Government Amendment Act 1980 (1980 No 82).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

150 Notice to Valuer-General
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

151 Levying of differential rate
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended. as from 18 January 1981, by section 21 Local Government Amendment Act 1980 (1980 No 82), by substituting the words different types or groups of property for the former words.

    Subsection (3) was amended, as from 1 April 1978, by section 3(6)(c) Local Government Amendment Act 1978 (1978 No 43), by substituting the words all separately rateable property for the words any separately rateable property in each case where they occur.

    Subsection (4) was substituted and (4A) was inserted, as from 13 January 1984, by section 6(1) Local Government Amendment Act 1983 (1983 No 132).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

152 Application of proceeds of differential rate
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

153 Rating on a graduated scale
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 153 was amended, as from 1 April 1980, by Local Government Amendment 1979 (1979 No 59), by omitting words.

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

154 Land drainage or water-race rating on area system
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

155 Appeal against operation of area system
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

156 Classification for the purposes of area rate
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

157 Fire protection rate on value of improvements
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

157A Uniform annual general charge
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 157A and 157B were inserted, as from 14 January 1983, by section 10(1) Local Government Act (no. 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

157B Reduction or cancellation of uniform annual general charge
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 157A and 157B were inserted, as from 14 January 1983, by section 10(1) Local Government Act (no. 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

157C Uniform annual general charges on properties only partly in district
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 157C was inserted, as from 13 January 1984, by section 7(1) Local Government Amendment Act 1983 (1983 No 132).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

158 Water charges
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1A) was inserted, as from 18 January 1981, by section 22 Local Government Amendment Act 1980 (1980 No 82).

    Subsection (1B) was inserted, as from 13 January 1984, by section 8(1) Local Government Amendment Act 1983 (1983 No 132).

    Subsection (1C) was inserted, as from 29 March 1985, by section 14 Local Government Amendment Act 1985 (1985 No 60).

    Subsection (3) was amended, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by omitting the words and those charges shall be paid at such times as the territorial authority directs.

    Subsection (6) was inserted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

159 Provisions as to water meters
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

160 Water-race charge
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was substituted, as from 18 January 1981, by section 23(1) Local Government Amendment Act 1980 (1980 No 82).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

161 Owner granting land for water race may have water free of charge or at reduced charge
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

162 Sewerage and stormwater drainage charges
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (2A) was inserted, as from 29 March 1985, by section 15 Local Government Amendment Act 1985 (1985 No 60).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

163 Refuse charges
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1A) was inserted, as from 13 January 1984, by section 9(1) Local Government Amendment Act 1983 (1983 No 132).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164 Fire protection charges
  • [Repealed]

    Part 9, comprising sections 133 to 164A, was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164A Territorial authority may levy uniform annual charge instead of rates for certain purpose
  • [Repealed]

    Section 164A was inserted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Section 164A was substituted, as from 18 January 1981, by section 24(1) Local Government Amendment Act 1980 (1980 No 82).

    Subsections (3) and (4) were inserted, as from 13 January 1984, by section 10(1) Local Government Amendment Act 1983 (1983 No 132).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164AA Annual charges on properties in common occupation
  • [Repealed]

    Section 164AA was inserted, as from 13 January 1984, by section 11(1) Local Government Amendment Act 1983 (1983 No 132).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Lump sum contribution to capital cost of works

164B Interpretation
  • [Repealed]

    Section 164B and the heading Lump Sum Contribution to Capital Cost of Works were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164C Territorial authority may resolve to seek lump sum contributions from ratepayers
  • [Repealed]

    Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164D Preparation of cost estimates and calculation of contributions and rates or charges relating to works
  • [Repealed]

    Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164E Right to make lump sum contribution
  • [Repealed]

    Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164F Notification to ratepayer of right to make election
  • [Repealed]

    Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164G Effect of election to make a lump sum contribution
  • [Repealed]

    Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164H Payment of lump sum contributions
  • [Repealed]

    Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164I Recalculation of lump sum contributions on completion of work
  • [Repealed]

    Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164J Refund of or increase in lump sum contribution
  • [Repealed]

    Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164K Lump sum contribution deemed to be separate rate
  • [Repealed]

    Sections 164C to 164K were inserted, as from 14 January 1983, by section 11(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Part 10
Miscellaneous financial provisions

  • Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

165 Interpretation
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

166 Minimum rates
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

167 Charges deemed to be rates
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    A proviso to section 167 was repealed, as from 18 January 1981, by section 25 Local Government Amendment Act 1980 (1980 No 82).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

168 In default of payment of water rates or charges supply may be stopped
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 168 was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by inserting the words or water-race rate.

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

169 Adjusted valuation
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 1 April 1979, by section 3(6)(e) Local Government Amendment Act 1978 (1978 No 43).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

170 Adoption of different rating system in community
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

171 Deduction from proceeds of separate rate of cost of making and levying rate, etc
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

172 Separate rate may be made an annually recurring rate
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

173 Certain separate rates payable in full or in for proportionate part of year in certain circumstances
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

174 Consolidation of special rates
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

175 Consolidation of rates
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (7) was inserted, as from 14 January 1983, by section 13 Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

176 Application of surplus of certain rates and contributions
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

177 Unauthorised expenditure
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 177 was repealed, as from 1 July 1990, by section 24(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

178 Special provisions as to County of Chatham Islands
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 178 was repealed, as from 22 December 1980, by section 14(3) Chatham Islands County Council Empowering Act 1980 (Local) and section 209(1) Rating Powers Act 1988 (1988 No 97).

Timber levy

179 Levy on timber
  • [Repealed]

    (1) In respect of standing trees cut in any district that is under the jurisdiction of a territorial authority and converted from the log into sawn timber, there shall be payable in each financial year to the territorial authority for that district a levy on timber so converted in that year of such amount as is fixed by the territorial authority but not exceeding 1.8 cents per cubic metre.

    (2) The levy shall be recoverable by the territorial authority as a debt due to it from the miller of the timber at such times and in such manner as the territorial authority directs.

    (3) The territorial authority may require any such miller to furnish returns of timber converted by him, in such form and containing such particulars as the territorial authority directs. Every miller who fails to make any such return when requested commits an offence against this Act.

    (4) The levy imposed by this section shall be payable only in respect of sawn timber from indigenous trees that have not been planted.

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 179 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Borrowing

180 Security for loans
  • [Repealed]

    Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsections (2) to (4) were repealed, as from 1 July 1992, by section 17 Local Government Amendment Act 1992 (1992 No 42).

    Section 180 was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

Part 11
Local authorities fuel tax

  • Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

  • Part 11 heading: amended, on 1 October 2008, by section 4 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

181 Interpretation
  • (1) In this Part of this Act—

    Component authority means a territorial authority

    Component authority: a proviso was omitted, as from 16 December 1989, by section 23 Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27).

    Component authority: substituted, as from 1 July 1992, by section 18 Local Government Amendment Act 1992 (1992 No 42).

    Component district means the district of a component authority

    Component district: substituted, as from 1 July 1992, by section 18 Local Government Amendment Act 1992 (1992 No 42).

    Distribution authority means the territorial authority in each tax area whose name is for the time being distinguished by the letter D in that part of the second column of Schedule 7 to this Act which relates to that tax area

    Distribution authority: substituted, as from 1 July 1992, by section 18 Local Government Amendment Act 1992 (1992 No 42).

    engine fuel has the meaning given by section 1B of the Energy (Fuels, Levies, and References) Act 1989

    specified engine fuel

    • (a) means,—

      • (i) if no Order in Council is in force under subparagraph (ii), engine fuel specified in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996) as a type of—

        • (A) motor spirit; or

        • (B) diesel (including blends of diesel and kerosene); or

        • (C) biodiesel; or

        • (D) ethyl alcohol specified under the heading Fuels in Part A or B of the Excise and Excise-equivalent Duties Table (as so defined); or

      • (ii) that part of engine fuel specified in the Excise and Excise-equivalent Duties Table (as so defined) and prescribed by an Order in Council made under section 199A; but

    • (b) excludes—

      • (i) engine fuel supplied for use in the generation of electricity, or the manufacture of gas, for public use at any electric-power station or gas works; or

      • (ii) engine fuel supplied for use as fuel for any commercial ship within the meaning of section 2(1) of the Maritime Transport Act 1994; or

      • (iii) engine fuel used in the manufacture of refined petroleum products at any refinery.

    Tax area means a tax area under this Part of this Act

    wholesale distributor means a person who, whether exclusively or not,—

    • (a) engages in the sale of engine fuel by wholesale; or

    • (b) sells engine fuel to a retailer; or

    • (c) manufactures or produces engine fuel within New Zealand.

    (2) For the purposes of this section, the part of engine fuel that is motor spirit, diesel, biodiesel, or ethyl alcohol remains so whether or not it is blended with anything else.

    Compare: 1970 No 134 s 2; 1973 No 71 s 2; 1974 No 66 s 138

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 181(1) engine fuel: inserted, on 1 October 2008, by section 5(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 181(1) petroleum: repealed, on 1 October 2008, by section 5(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 181(1) specified engine fuel: inserted, on 1 October 2008, by section 5(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 181(1) specified engine fuel paragraph (a): substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).

    Section 181(1) wholesale distributor: substituted, on 1 October 2008, by section 5(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 181(2): added, on 1 October 2008, by section 5(4) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

182 Application of this Part
  • (1) Unless the Governor-General by Order in Council determines otherwise, a local authorities fuel tax in accordance with this Part may be levied and collected by the Crown, and is payable on any specified engine fuel purchased in New Zealand.

    (2) This Part of this Act shall not apply in the Chatham Islands, or to specified engine fuel sold, or agreed to be sold, or disposed of, for delivery within the Chatham Islands or used there by any wholesale distributor.

    Compare: 1970 No 134 s 3

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 182(1): substituted, on 1 October 2008, by section 6(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 182(2): substituted, on 1 October 2008, by section 6(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

183 Tax areas for purposes of tax
  • (1) The tax areas shall be those named in the first column of Schedule 7 to this Act, and the component districts of each such tax area shall be those specified in the second column of the said Schedule opposite the name of the tax area.

    (2) If at any time the boundaries of the district of a territorial authority comprised in any tax area are altered, the alteration shall have effect with respect to the tax area, and the boundaries of the tax area shall be deemed to be altered accordingly.

    Part 11 (comprising sections 181 to 200) was inserted, as from 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsections (3) and (4) were repealed, as from 10 July 1987, by section 2(1) Local Government Amendment Act 1987 (1987 No 149).

    Section 183 was substituted, as from 1 July 1992, by section 19 Local Government Amendment Act 1992 (1992 No 42).

184 Notice of change of distribution authority
  • Where pursuant to this Part of this Act the functions of a distribution authority are transferred from one component authority to another component authority, the component authority to which the functions are transferred shall give notice accordingly to—

    • (a) Every wholesale distributor at his head office in New Zealand; and

    • (b) The Secretary.

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

185 Powers of component authorities to levy fuel tax
  • (1) There may from time to time, on behalf of the component authorities of any tax area, be levied in accordance with this Part of this Act a tax, to be called the local authorities fuel tax, on all specified engine fuel that, on or after the date on which the tax becomes effective, is—

    • (a) Delivered within the tax area by or on behalf of any wholesale distributor pursuant to any sale, agreement to sell, or disposition made by the wholesale distributor before or after the commencement of this Part of this Act, irrespective of where the sale, agreement to sell, or disposition was made; or

    • (b) Used by any wholesale distributor within the tax area.

    (2) Any tax so levied shall be—

    • (a) At the rates specified in Scale A or in Scale B or in Scale C in Schedule 6 to this Act; and

    • (b) In respect of each class of specified engine fuel specified in that Schedule, at the rate specified for that class in the scale under which the tax is levied.

    (3) Notwithstanding anything in subsection (1) of this section, no local authorities fuel tax shall be levied or payable in respect of any transaction whereby—

    • (a) Any specified engine fuel is sold or agreed to be sold or disposed of by a wholesale distributor to another wholesale distributor; or

    • (b) Any specified engine fuel is exported by a wholesale distributor, or is sold or agreed to be sold or disposed of by him for exportation, and is loaded upon the exporting ship or aircraft.

    (3A) If any type of diesel is a specified engine fuel, the local authorities fuel tax applies to blends of kerosene and diesel as if they were entirely diesel.

    (4) Subject to this Part of this Act, the local authorities petroleum tax being levied immediately before the commencement of this Part of this Act pursuant to the Local Authorities (Petroleum Tax) Act 1970 shall continue to be levied under this Part of this Act, as if the decision to levy the tax had been made under this Part of this Act, until the scale of tax is altered pursuant to section 186 of this Act, and every notice in the form set out in Schedule 3 to the Local Authorities (Petroleum Tax) Act 1970 given by a local authority under section 10(a) of that Act shall continue in force after the commencement of this Part of this Act as if it were a notice given under this Act in the form set out in Schedule 8 to this Act.

    (5) Every reference in an enactment or document to the local authorities petroleum tax must, unless the context otherwise requires, be read as a reference to the local authorities fuel tax.

    Compare: 1970 No 134 s 4

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 185 heading: amended, on 1 October 2008, by section 7(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 185(1): amended, on 1 October 2008, by section 7(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 185(1): amended, on 1 October 2008, by section 7(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 185(2)(b): amended, on 1 October 2008, by section 7(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 185(3): amended, on 1 October 2008, by section 7(4) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 185(3)(a): amended, on 1 October 2008, by section 7(5) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 185(3)(b): amended, on 1 October 2008, by section 7(5) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 185(3A): inserted, on 1 October 2008, by section 7(6) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 185(5): added, on 1 October 2008, by section 7(7) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

186 Alteration of scale of tax
  • (1) The scale of the tax in force in any tax area may from time to time be altered by a determination of a meeting of representatives of all component authorities of the tax area.

    (2) [Repealed]

    (3) No alteration in the scale of the tax shall be made under subsection (1) of this section to take effect at any time within 12 months after the date of the taking effect of a previous determination under this section.

    (4) Each component authority (including the distribution authority) may appoint one of its members to attend as its representative any meeting under subsection (1) of this section.

    (5) Every representative so appointed shall be entitled to exercise one vote at the meeting:

    Provided that if the population of any component district is 7,500 or more, its representative shall have one additional vote.

    (6) Every question at the meeting shall be decided on a majority of the valid votes cast at the meeting.

    (7) Subject to this section, the representatives present at the meeting may regulate their own procedure.

    (8) Sections 6, 7, and 8 of the Local Authorities (Members' Interests) Act 1968 shall apply with respect to every meeting to which subsection (1) of this section applies as if the meeting were a meeting of members of a committee of a local authority within the meaning of that Act.

    (9) Every meeting to which subsection (1) of this section applies shall be deemed for the purposes of the Local Government Official Information and Meetings Act 1987 to be a meeting of a public body within the meaning of that Act, and that Act shall apply accordingly. For the purposes of section 51 of that Act, the office of the distribution authority shall be deemed to be the office of the component authorities.

    (10) No alteration in the scale of tax shall be made to take effect on any day other than the first day of a specified month.

    Compare: 1970 No 134 ss 7(2), (3), (4), (5), 9, 30, 31; 1974 No 66 s 137

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was substituted, as from 1 July 1992, by section 20(1) Local Government Amendment Act 1992 (1992 No 42).

    Subsection (2) was repealed, as from 1 July 1992, by section 20(2) Local Government Amendment Act 1992 (1992 No 42).

    Subsection (3) was substituted, as from 1 July 1992, by section 20(3) Local Government Amendment Act 1992 (1992 No 42).

    The reference to the Local Government Official Information and Meetings Act 1987 and section 51 referred to in subsection (9) were substituted, as from 17 July 1987, for references to the Public Bodies Meetings Act 1962 and section 7 by section 58 Local Government Official Information and Meetings Act 1987 (1987 No 174).

187 Notice of alteration of tax
  • On the making of any alteration to the scale of tax to be levied in any tax area, the principal administrative officer of the distribution authority shall forthwith—

    • (a) Give public notice, which shall be published in newspapers circulating in the tax area, in the form set out in Schedule 8 to this Act, of the alteration of the tax, of the date on which it becomes effective, and of the tax area to which it applies; and

    • (b) Send to every wholesale distributor at his head office for New Zealand a notice to the same effect; and

    • (c) Send to the Secretary of Trade and Industry a notice to the same effect.

    Compare: 1970 No 134 s 10

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

188 Functions of distribution authority
  • The functions of a distribution authority shall be—

    • (a) Of its own motion or at the request of 2 or more component authorities of the tax area, to convene such meetings as may be required for the purposes of section 186 of this Act:

    • (b) To collect and distribute the proceeds of the tax within the tax area in accordance with section 198 of this Act:

    • (c) To provide such administrative, secretarial, and accounting services as are necessary for the purpose of this section:

    Compare: 1970 No 134 ss 17, 18

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    The proviso to section 188 was repealed, as from 1 July 1992, by section 21 Local Government Amendment Act 1992 (1992 No 42).

Collection of tax

189 Returns by wholesale distributors
  • (1) Within 28 days after the end of each accounting month within the meaning of the Motor Spirits Duty Act 1961, every wholesale distributor shall send to the principal administrative officer of the distribution authority of every tax area in which a local authorities fuel tax is for the time being in force a return (hereafter referred to as the monthly return) in the prescribed form setting forth—

    • (a) The quantity of each class of specified engine fuel delivered within the tax area by him or on his behalf pursuant to any sale, agreement to sell, or disposition to which section 185 of this Act applies, or used by him within the tax area, during that accounting month; and

    • (b) The amount of local authorities fuel tax payable on each such quantity; and

    • (c) Such other particulars (if any) as may be prescribed.

    (2) Every wholesale distributor who fails to send to any such principal administrative officer as aforesaid any monthly return required by this section commits an offence against this Act.

    Compare: 1970 No 134 s 20

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 189(1): amended, on 1 October 2008, by section 8(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 189(1)(a): amended, on 1 October 2008, by section 8(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 189(1)(b): amended, on 1 October 2008, by section 8(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

190 Assessment of tax
  • (1) The monthly return under section 189 of this Act may be accepted by the principal administrative officer as sufficient proof of the matters set forth in them, and the local authorities fuel tax may be assessed by the principal administrative officer accordingly.

    (2) For the purposes of this Part of this Act, the Auditor-General has, in respect of the records of wholesale distributors relating to specified engine fuel sold, agreed to be sold, disposed of, delivered, or used by the local authority, the same powers as it has under the Public Audit Act 2001.

    (3) After any such inspection or examination as aforesaid, the Audit Office may require the principal administrative officer of the distribution authority of any tax area in which a local authorities fuel tax is in force to make any assessment or amended assessment for the purpose of this Part, and it shall be the duty of the principal administrative officer to comply with that requirement.

    Compare: 1970 No 134 s 21

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 190(1): amended, on 1 October 2008, by section 9(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Subsection (2) was substituted, as from 1 July 2001, by section 46 Public Audit Act 2001 (2001 No 10).

    Section 190(2): amended, on 1 October 2008, by section 9(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 190(3): amended, on 1 October 2008, by section 9(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

191 Assessment presumed to be correct
  • Every assessment made by the principal administrative officer under this Part of this Act shall be taken to be correct, and the tax shall be payable accordingly, unless, on an appeal under section 192 of this Act or in proceedings taken under this Act in a Court of competent jurisdiction, a different amount is proved to be the tax payable on the specified engine fuel, or it is proved that no tax is payable, as the case may be.

    Compare: 1970 No 134 s 22

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 191: amended, on 1 October 2008, by section 10 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

192 Appeal against assessment
  • (1) Within 14 days after a demand for the tax is made by the principal administrative officer in accordance with his assessment, the wholesale distributor may appeal to a District Court, by way of originating application, against the assessment.

    (2) On the hearing of the appeal, the Court, whose decision shall be final, may confirm or amend the assessment made by the principal administrative officer.

    Compare: 1970 No 134 s 23

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    In subsection (1) the words District Court were substituted, as from 1 April 1980, for the words Magistrate's Court pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

193 Tax recoverable as a debt
  • (1) Any local authorities fuel tax payable on any specified engine fuel shall, immediately on the delivery of the specified engine fuel within the tax area, or on its use in the tax area by the wholesale distributor, constitute a debt owing to the distribution authority of the tax area by the wholesale distributor, and be recoverable accordingly.

    (2) Subject to this Part of this Act, any such debt in respect of any local authorities fuel tax for any accounting month shall become payable by the wholesale distributor on the 20th day of the calendar month following that in which the monthly return for the accounting month is required by section 189 of this Act to be sent to the principal administrative officer, whether or not the return is so sent.

    (3) The right to recover any tax as a debt under this section shall not be affected by the fact that no proper assessment of the tax has been made in due course under this Part of this Act, or that a deficient assessment of the tax has been made.

    Compare: 1970 No 134 s 24

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 193(1): amended, on 1 October 2008, by section 11(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 193(1): amended, on 1 October 2008, by section 11(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 193(2): amended, on 1 October 2008, by section 11(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

194 Penalty for late payment of tax
  • Notwithstanding the provisions of this Part of this Act, if any local authorities fuel tax that has become payable remains unpaid after the date on which it became payable under section 193 of this Act, 10 percent of the amount of the tax unpaid shall be added to it by way of additional tax, and shall be payable accordingly:

    Provided that a meeting of representatives of the component authorities, held in accordance with section 186 of this Act, may in any particular case, for reasons which in its discretion it thinks sufficient, remit the whole or any part of the additional tax payable.

    Compare: 1970 No 134 s 25

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 194: amended, on 1 October 2008, by section 12 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

Application of proceeds of tax

195 Separate bank account to be kept by distribution authority
  • (1) All money received by the distribution authority of any tax area pursuant to this Part of this Act shall be paid into the bank at which the distribution authority keeps its general funds, to the credit of a separate account to be called The [Name of tax area] Local Authorities Fuel Tax Account.

    (2) The provisions of this Act as to the manner in which money may be paid from its bank accounts shall apply with respect to payments made from the said account.

    Compare: 1970 No 134 s 26

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 195(1): amended, on 1 October 2008, by section 13 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

196 Accounts to be kept in accordance with requirements of Audit Office
  • (1) The distribution authority of every tax area shall keep such accounts, and keep them in such manner, as may be directed by the Audit Office in respect of the collection, application, or distribution of the proceeds of any local authorities fuel tax levied in the tax area.

    (2) The decision of the Audit Office as to whether or not any expenditure is properly chargeable against any such account shall be final.

    Compare: 1970 No 134 s 27

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 196(1): amended, on 1 October 2008, by section 14 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

197 Transfer by distribution authority of authorised cost of services
  • (1) The distribution authority of any tax area may from time to time transfer to its general revenues from the Local Authorities Fuel Tax Account all reasonable costs and expenses incurred by it in or about the levying, collection, recovery, application, and distribution of any local authorities fuel tax in the tax area, and a reasonable remuneration for clerical and other work done in the administration of this Part of this Act within the tax area.

    (2) If any dispute arises as to any amount transferred under subsection (1) of this section, or to be transferred or otherwise in relation thereto, it shall be decided by the Audit Office, whose decision shall be final.

    (3) Except as provided in this Part of this Act, it shall not be lawful for the distribution authority to transfer any money from the Local Authorities Fuel Tax Account to any other account.

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 197 was substituted, as from 1 July 1992, by section 22 Local Government Amendment Act 1992 (1992 No 42).

    Section 197(1): amended, on 1 October 2008, by section 15(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 197(1): amended, on 1 October 2008, by section 15(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 197(3): amended, on 1 October 2008, by section 15(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

198 Distribution of proceeds
  • (1) Subject to this Part of this Act, the proceeds of the tax in a tax area in any year shall be distributed by the distribution authority among the component authorities of the tax area (including the distribution authority) according to the proportion which the total rate revenue of each such component authority for the immediately preceding financial year bears to the total rate revenue of all the component authorities for that preceding financial year.

    (2) For the purposes of this section, the expression rate revenue, in relation to any component authority, means all rates, and all charges and fees deemed under any enactment to be rates set and assessed by that component authority on its own behalf.

    (3) Nothing in this section shall be deemed to prevent a region or district forming part of 2 or more tax areas.

    (4) Any money paid to any component authority under this section shall form part of the general revenues of that component authority.

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (2)(a)(i) was amended, as from 18 January 1981, by section 26(1) Local Government Amendment Act 1980 (1980 No 82), by inserting the words or levied on its behalf under section 133 of this Act,.

    Subsection (2)(c) was inserted, as from 18 January 1980, by section 26(2) Local Government Amendment Act 1980 (1980 No 82).

    Section 198 was substituted, as from 16 December 1989, by section 24(1) Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27).

    Subsection (2) was substituted, as from 1 July 1992, by section 23 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words set and assessed for the words made and levied. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

199 Effect on agreements of imposition or alteration of tax
  • For the purposes of this Act, section 159 of the Customs Act 1966, so far as it is applicable and with all necessary modifications, shall apply to agreements for the sale of specified engine fuel as if the local authorities fuel tax were duty within the meaning of that Act, and as if the imposition or alteration of the tax were an alteration to which that section applies.

    Compare: 1970 No 134 s 33

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 199: amended, on 1 October 2008, by section 16(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 199: amended, on 1 October 2008, by section 16(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

199A Order in Council prescribing local authorities fuel tax
  • (1) The Governor-General may, by Order in Council,—

    • (a) specify the engine fuels set out in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996) to be specified engine fuel for the purposes of this Act; and

    • (b) prescribe the scale rates for specified engine fuel.

    (2) The scale rates of the local authorities fuel tax prescribed by an Order in Council under subsection (1)(b) may not exceed the rate of the local authorities fuel tax scale rates set out in Schedule 6 for any class of engine fuel—

    • (a) for which the specified engine fuel is a functional substitute; or

    • (b) with which the specified engine fuel is commonly blended.

    (3) Subsection (2) overrides subsection (1).

    Section 199A: inserted, on 1 October 2008, by section 17 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 199A(1)(a): substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).

200 Regulations in respect of local authorities fuel tax
  • Without limiting the power to make regulations conferred by section 723 of this Act, regulations may be made under that section for all or any of the following purposes:

    • (a) Prescribing such forms, returns, and notices as may be necessary for any purpose under this Part of this Act:

    • (b) Prescribing matters to be included in any returns to be made or accounts or records to be kept by wholesale distributors or other persons for any purpose under this Part of this Act:

    • (c) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part of this Act and for its due administration.

    Compare: 1970 No 134 s 34

    Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 200 heading: amended, on 1 October 2008, by section 18 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    This section was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words section 723 of this Act, regulations may be made under that section for the words section 639 of this Act or by section 410 of the Municipal Corporations Act 1954 or section 449 of the Countries Act 1956, regulations may be made under the said section 639.

Part 11A
Regional petrol tax

  • Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

  • Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200A Interpretation
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200B Application of this Part
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200C Power of regional councils to levy regional petrol tax
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words Part of this Act for the word section.

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200D Regional petrol tax to be notified
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200E Restriction on collection of tax
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200F Application of proceeds of tax
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200G Returns by wholesale distributors
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200H Assessment of tax
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200I Assessment presumed to be correct
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200J Appeal against assessment
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200K Tax recoverable as a debt
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200L Penalty for late payment of tax
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200M Effect on agreements of imposition or alteration of tax
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200N Accounting month
  • [Repealed]

    Part 11A, comprising sections 200A to 200N, was inserted, as from 1 July 1992, by section 2 Local Government Amendment Act (No 2) 1992 (1992 No 71).

    Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

Part 12
Accounting documents, special funds, trading undertakings, and expenditure

  • Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

201 Application and interpretation of Part 12
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 201 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

202 Financial records
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 202 was substituted, as from 18 January 1981, by section 27(1) Local Government Amendment Act 1980 (1980 No 82), for the former section 202 and 203.

    Paragraphs (2)(d) and (2)(e) were substituted, as from 14 January 1983, by section 14(1) Local Government Amendment Act (No 2) 1982 (1982 No 166), for the former paragraph (d).

    Paragraph (7)(e) was amended, as from 14 January 1983, by section 14(2) Local Government Amendment Act (No 2) 1982 (1982 No 166), by inserting the word ; and.

    Paragraph (7)(f) waw inserted, as from 14 January 1983, by section 14(2) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

203 Allocation of administration costs
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 203 was repealed, as from 18 January 1981, by section 27(1) Local Government Amendment Act 1980 (1980 No 82).

204 Inspection of documents by electors and others
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 204 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

205 Payment to and withdrawal from bank accounts
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 205 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

206 Deposit at interest
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 206 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

207 Council may establish Imprest Accounts
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 207 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

208 Council may establish special funds
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 208 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

209 Certain funds deemed to be special funds under this Act
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 209 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

210 Asset renewal charge
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 210 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

211 Application of asset renewal charge
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 211 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

212 Investment of asset renewal charge
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 212 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

213 Power to revoke appointment of Commissioners
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 213 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214 Remuneration of Mayor or Chairman and other members
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 214 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214A Annual allowances to be determined by Higher Salaries Commission
  • [Repealed]

    Section 214A was inserted, as from 20 November 1981, by section 8 Local Government Amendment Act (No 2) 1981 (1981 No 111).

    Section 214A was substituted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214A was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214B Annual allowances and remuneration to be determined by Minister following determination by Higher Salaries Commission
  • [Repealed]

    Section 214B was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214B was substituted, as from 14 August 1986, by section 7 Local Government Amendment Act (No 3) 1986 (1986 No 50).

    Section 214B was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214C Alteration to annual allowances or remuneration of Chairmen, Deputy Chairmen, chairmen of standing or special committees, and other members of local authorities
  • [Repealed]

    Section 214C was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214C was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214D Payment of annual allowances and remuneration
  • [Repealed]

    Section 214D was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214D was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214E Attendance at certain conferences and meetings to be remunerated
  • [Repealed]

    Section 214E was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214E was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214F Remuneration of persons who are neither members nor employees of local authority
  • [Repealed]

    Section 214F was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214F was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214G Annual allowances and remuneration not payable in certain circumstances
  • [Repealed]

    Section 214G was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214G was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214H Annual allowance of Chairman of district community council
  • [Repealed]

    Section 214H was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214H was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214I Remuneration of Chairman and other members of community council
  • [Repealed]

    Section 214I was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214I was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214J Annual allowance or remuneration payable to existing office holder not to be reduced
  • [Repealed]

    Section 214J was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214J was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214K Reduction of annual allowance where full term not served
  • [Repealed]

    Section 214K was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214K was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214L Officer holder may decline to accept annual allowance or remuneration
  • [Repealed]

    Section 214L was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214L was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214M Fund from which allowances and remuneration to be paid
  • [Repealed]

    Section 214M was inserted, as from 30 March 1985, by section 16 Local Government Amendment Act 1985 (1985 No 60).

    Section 214M was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

215 Travelling expenses of members
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 215 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

216 Travelling expenses of members attending conferences
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (2) was substituted, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).

    Section 216 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

217 Expenses of members of district community councils and community councils
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 217 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

218 Use of transport facilities by members
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 218 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

219 Miscellaneous expenditure
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Paragraph (k) was inserted, as from 30 March 1985, by section 19 Local Government Amendment Act 1985 (1985 No 60).

    Section 219 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

220 Government not liable for district debts
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 220 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

221 Rates of interest
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 221 was substituted, as from 18 January 1981, by section 29(1) Local Government Amendment Act 1980 (1980 No 82).

    Section 221 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

222 Offences by employees with respect to money or accounts
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

223 Regulations as to collection of and accounting for money
  • [Repealed]

    Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 223 was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59), by substituting the words section 723 of this Act and that section for the former words.

    Paragraph (d) was substituted, as from 18 January 1981, by section 30 Local Government Amendment Act 1980 (1980 No 82).

    Paragraph (e) was substituted, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Section 223 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

223A Preparation of financial statements in certain circumstances
  • [Repealed]

    Section 223A was inserted, as from 20 November 1981, by section 10 Local Government Amendment Act (No 2) 1981 (1981 No 111).

    Section 223A was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 12A
Accountability and accounting

  • Part 12A, comprising sections 223B to 223L, was inserted, as from 1 July 1990 (except for section 223C which was inserted as from 1 November 1989), by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

223B Commencement
  • [Repealed]

    Except as provided in section 223C(2) of this Act, this Part of this Act shall come into force on the 1st day of July 1990.

    Section 223B was inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 223B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223C Conduct of affairs
  • [Repealed]

    (1) Every local authority and, where applicable, every community board shall, in conducting its affairs, ensure that,—

    • (a) Its business is conducted in a manner that is comprehensible and open to the public:

    • (b) Clear objectives are established for each of its activities and policies:

    • (c) Conflicting objectives and conflicts of interest are resolved in a clear and proper manner:

    • (d) So far as is practicable, its regulatory functions are separated from its other functions:

    • (e) Its performance is regularly measured by it in relation to its stated objectives and is capable of being so measured by persons and organisations interested in the performance and activities of the local authority or community board:

    • (f) Its local communities, and, where appropriate, central Government, are adequately informed about the activities of the local authority or community board:

    • (g) So far as is practicable, where a committee of a local authority or community board is charged with, or has responsibility for, regulatory functions, that committee shall not be charged with or have responsibility for functions that are not regulatory functions:

    • (h) So far as is practicable, its management structure—

      • (i) Reflects and reinforces the clear separation of regulatory functions from other functions; and

      • (ii) Is capable of delivering adequate advice to the local authority or community board or any committee of the local authority or community board so as to facilitate the explicit resolution of conflicting objectives.

    (2) This section shall come into force on the 1st day of November 1989.

    Section 223C was inserted, as from 1 November 1989, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 223C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223CA Special provisions applying to Wellington Regional Council
  • [Repealed]

    (1) Notwithstanding section 223C of this Act, the Wellington Regional Council shall ensure that—

    • (a) No person shall be both—

      • (i) A member of any committee of that Council that has responsibility for regulatory functions; and

      • (ii) A member of any committee of that Council that has responsibility for the operation of that Council's bulk water supply function:

    • (b) That Council's bulk water supply function is reported on separately from any of its other functions—

      • (i) In the annual plan (which is required by section 223D of this Act); and

      • (ii) In the annual report (which is required by section 223E of this Act).

    (2) Where that Council, in exercising its bulk water supply function, makes application for consent to the taking or abstraction of water, that Council shall, under section 34(3) of the Resource Management Act 1991, delegate to a hearings commissioner or to hearings commissioners appointed by that Council the function of hearing and determining the application for consent.

    (3) No member or officer or employee of the Council may be a hearings commissioner.

    (4) The determination of the hearings commissioner or commissioners shall be made available to the public.

    Section 223CA was inserted, as from 1 July 1992, by section 24 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (1)(b)(i) and (ii) were substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 223CA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223D Annual plan
  • [Repealed]

    (1) Every local authority shall, in accordance with the special consultative procedure, prepare and adopt, for the financial year beginning on the 1st day of July 1998 and for each subsequent financial year, a report—

    • (a) In respect of the local authority; and

    • (b) In respect of each local authority trading enterprise, company, and other organisation that is under the control of the local authority or is a trading enterprise, company, or organisation in which the authority has a significant interest.

    (2) The local authority shall, not later than 5 working days after giving public notice under section 716A(1)(b) of this Act of a proposal to adopt a report under this section, send a copy of the proposal to the Secretary.

    (3) A report under this section shall contain—

    • (a) An outline of the long-term financial strategy adopted under section 122K of this Act by the local authority; and

    • (b) In particular terms for the financial year to which the report relates, and in general terms for each of the following 2 financial years, an outline of—

      • (i) The intended significant policies and objectives of the local authority, local authority trading enterprise, company, or other organisation; and

      • (ii) The nature and scope of the significant activities to be undertaken; and

      • (iii) The performance targets and other measures by which performance may be judged in relation to the statement of service performance required by section 223E(3)(e) of this Act; and

    • (c) In particular terms for the financial year to which the report relates, and in general terms for each of the following 2 financial years, in total and for each of the significant activities of the local authority, an outline of—

      • (i) The indicative costs; and

      • (ii) The sources of funds; and

    • (d) The funding policy adopted under section 122N of this Act by the local authority or, where the funding policy currently in force under that section has been published in full in an earlier report under this section, an outline of that funding policy; and

    • (e) An outline of the investment policy adopted under section 122P of this Act by the local authority; and

    • (f) In particular terms for the financial year in which the report relates, and in general terms for each of the following 2 financial years, an outline of—

      • (i) The borrowing needs of the local authority; and

      • (ii) The borrowing programme of the local authority, including proposals for the funding of the payment of interest and the repayment of capital; and

    • (g) An outline of the borrowing management policy adopted under section 122R of this Act by the local authority, which outline shall identify any significant changes to the policy disclosed in the previous annual report.

    (4) A report under this section shall include forecast financial statements of the local authority for the financial year to which the report relates, which financial statements shall be prepared in accordance with generally accepted accounting practice and shall consist of—

    • (a) A statement of the estimated financial position at the beginning of the financial year and the forecast financial position at the end of that financial year; and

    • (b) An operating statement reflecting the forecast revenue and expenses for the financial year; and

    • (c) A statement of cash flows reflecting forecast cash flows; and

    • (d) Such other statements as may be necessary to fairly reflect the financial position of the local authority, the resources available to it, and the financial results of its operations.

    (5) A report under this section shall include an explanation of any significant changes between the policies, objectives, activities, and performance targets specified or outlined in the report as being those for the financial year to which the report relates and those specified or outlined in the report for the immediately preceding financial year as being those for the financial year to which the report relates.

    (6) A report under this section shall include a summary of the equal employment opportunities programme for the local authority for the financial year to which the report relates.

    (7) A report under this section shall be adopted, before the end of the third month of the financial year to which the report relates, at a meeting of the local authority.

    (8) Where a local authority adopts a report under this section, that local authority—

    • (a) Shall make that report available for public inspection at its offices and libraries; and

    • (b) Shall make copies of that report available to the public—

      • (i) Free of charge; or

      • (ii) At a reasonable charge; and

    • (c) Shall, within 20 working days after its adoption, send copies of that report to—

      • (i) The Secretary; and

      • (ii) The Controller and Auditor-General; and

      • (iii) The Parliamentary Library.

    Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 223D was substituted, as from 1 October 1991, by section 16(1) Local Government Amendment Act 1991 (1991 No 49).

    Section 223D was substituted, as from 27 July 1996, by section 4(1) Local Government Amendment Act (No 3) 1996 (1996 No 83). See 19(1) of that Act as to the transitional provisions relating to annual plans and annual reports.

    Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223E Annual report
  • [Repealed]

    (1) Every local authority shall prepare and adopt in respect of the financial year beginning on the 1st day of July 1998 and in respect of each subsequent financial year a report containing audited financial statements for the financial year to which the report relates.

    (2) The report adopted under subsection (1) of this section shall contain the information required by section 122V of this Act.

    (3) The audited financial statements required by subsection (1) of this section to be contained in the report adopted under that subsection shall be prepared in accordance with generally accepted accounting practice and shall include—

    • (a) A statement of financial position; and

    • (b) An overall operating statement; and

    • (c) One operating statement in respect of each significant activity; and

    • (d) A statement of cash flows; and

    • (e) A statement of service performance (in statement or narrative form) including the performance targets and other measures by which the performance of the local authority may be judged in relation to its objectives, outputs, and outcomes; and

    • (f) A statement of commitments (in statement or narrative form); and

    • (g) A statement of the nature, general terms, and extent of the equity securities and financial interests of the local authority in any local authority trading enterprise; and

    • (h) A summary of the term liabilities and incidental arrangements of the local authority; and

    • (i) The amount of the term liabilities that are secured, and a brief description of the nature of the security; and

    • (j) Any variations from, or changes to, the borrowing management policy in effect during the year; and

    • (k) Such other statements as may be necessary to fairly reflect the financial position of the local authority, the resources available to it, and the financial results of its operations.

    (4) The report adopted under subsection (1) of this section shall contain audited consolidated financial statements for the financial year in respect of—

    • (a) The local authority; and

    • (b) Each local authority trading enterprise in which the local authority holds equity securities or has a financial interest; and

    • (c) Each other company or organisation that is under the control of the local authority or is a trading enterprise, company, or organisation in which the local authority has a significant interest.

    (5) The audited consolidated financial statements under subsection (3) of this section shall be prepared in accordance with generally accepted accounting practice and shall consist of—

    • (a) A statement of financial position; and

    • (b) An overall operating statement; and

    • (c) A statement of cash flows; and

    • (d) Such other statements as may be necessary to fairly reflect their financial position, resources available to them, and the financial results of their operations.

    (6) Where a local authority has a financial interest in, or has otherwise provided finance or financial assistance to any local authority trading enterprise referred to in subsection (4)(b) of this section or to any company or organisation referred to in subsection (4)(c) of this section, that local authority shall include, with the audited financial statements under subsection (3) of this section, a separate statement disclosing the actual costs to the enterprise, company, or organisation concerned of that interest, finance, or financial assistance.

    (7) For the purpose of subsection (6) of this section, the provision of finance or financial assistance includes provision that is direct or indirect and whether by way of share capital, loan guarantee, the giving of security, or otherwise.

    (8) The report adopted under subsection (1) of this section shall contain—

    • (a) The auditor's report—

      • (i) On the financial statements specified in subsections (3) to (5) of this section; and

      • (ii) On compliance with subsections (11) and (12) of this section; and

    • (b) Such other information as is necessary to enable an informed assessment of the operations of each entity reported on, including—

      • (i) A comparison between the actual performance of the local authority for the financial year and the projected performance of the local authority for the financial year as set out in the report adopted in respect of the financial year under section 223D(1) of this Act; and

      • (ii) A comparison between the actual performance of each local authority trading enterprise for the financial year and the relevant statement of corporate intent for the financial year.

    (9) The report adopted under subsection (1) of this section shall include the statement of compliance required by section 122X of this Act.

    (10) The report shall include an account of the extent to which the local authority was able to meet, during the financial year to which the report relates, the equal employment opportunities programme for that financial year.

    (11) The report shall include, in a form to be determined from time to time by the Minister, information on the remuneration being received by each executive officer appointed under section 119C(1) of this Act.

    (12) The report shall include, in a form to be determined from time to time by the Minister, information in relation to the cost to the local authority, in the financial year to which the report relates, of any severance agreement between the local authority and any employee appointed under section 119B(1) or section 119C(1) of this Act, being an agreement under which—

    • (a) The employee has agreed to the termination of the employee's employment; and

    • (b) The local authority has, in respect of the employee's agreement to the termination of his or her employment, agreed to provide any consideration, whether of a monetary nature or otherwise, additional to any entitlement of that employee to—

      • (i) Any final payment of salary; or

      • (ii) Any holiday pay; or

      • (iii) Any superannuation contributions; and

    • (c) The total cost to the local authority of the consideration referred to in paragraph (b) of this section, including any liability for taxation, exceeds $50,000.

    (13) A determination under subsection (12) of this section may require that the information in the report include information identifying the specific position held by the employee, or positions held by the employees, as the case may be, in respect of whom the cost has been incurred by the local authority.

    (14) The report adopted under subsection (1) of this section shall be adopted before the end of the 5th month after the close of the financial year to which it relates.

    (15) Where a local authority adopts a report under this section, that local authority—

    • (a) Shall make that report available for public inspection at its offices and libraries; and

    • (b) Shall make copies of that report available to the public—

      • (i) Free of charge; or

      • (ii) At a reasonable charge; and

    • (c) Shall, within 20 working days after its adoption, send copies of that report to—

      • (i) The Secretary; and

      • (ii) The Controller and Auditor-General; and

      • (iii) The Parliamentary Library.

    Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (3)(h) was amended, as from 10 September 1999, by section 4 Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words by maturity showing, in respect of each financial year in which term liabilities are repayable, the amounts repayable in that year together with a summary of the interest costs and other expenses incurred in connection with those amounts and arrangements for that year.

    Subsection (5)(a)(iii) was inserted, as from 1 July 1991, by section 17(1) Local Government Amendment Act 1991 (1991 No 49).

    Subsection (5)(a)(iii) was substituted, as from 1 July 1992, by section 25(2) Local Government Amendment Act 1992 (1992 No 42).

    Subsections (7A) and (7B) were inserted, as from 1 July 1992, by section 25(1) Local Government Amendment Act 1992 (1992 No 42).

    Subsection (9) was substituted, as from 1 July 1991, by section 17(2) Local Government Amendment Act 1991 (1991 No 49).

    Section 223E was substituted, as from 27 July 1996, by section 4(1) Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 19(1) of that Act as to the transitional provisions relating to annual plans and annual reports.

    Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223F Financial systems
  • [Repealed]

    (1) Every local authority shall adopt financial systems and reporting and record keeping procedures in accordance with this section and shall, in addition, establish and maintain a system of internal control designed to provide a reasonable assurance as to the integrity and reliability of the financial reporting of the local authority.

    (2) The systems and procedures adopted shall—

    • (a) Identify the expenses, revenues, and financial performance for the various activities of the local authority and of each of its significant activities:

    • (b) Correctly record and correctly explain the transactions of the local authority:

    • (c) At any time enable the financial position of the local authority to be determined with reasonable accuracy:

    • (d) Enable a fair reflection of the financial position and performance of the local authority to be presented at the end of the financial year:

    • (e) Enable the financial statements for the local authority to be readily and properly audited:

    • (f) Show in a full and complete manner—

      • (i) All revenue and expenses:

      • (ii) All assets and liabilities including contingent liabilities and guarantees:

      • (iii) The application of all funds held or received for any particular purpose (such as special funds, rates, special rates, separate rates and charges, and trusts) and the amount and location of such funds while held by the local authority:

    • (g) Enable the local authority to prepare the strategy and policies required by sections 122K, 122N, 122P, and 122R of this Act and to comply with the principles of financial management contained in section 122C of this Act.

    Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (2)(a) of the original section 223F was amended, as from 1 July 1991, by section 18 Local Government Amendment Act 1991 (1991 No 49) by substituting the words the cost of for the words a return of.

    Section 223F was substituted, as from 27 July 1996, by section 4(1) Local Government Amendment Act (No 3) 1996 (1996 No 83). See section 19(1) of that Act as to the transitional provisions relating to annual plans and annual reports.

    Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223G Failure to comply with financial reporting requirements
  • [Repealed]

    (1) Where any local authority fails to prepare and adopt a report required under section 223E of this Act, the Secretary may, after consultation with the Controller and Auditor-General, appoint some person or firm to prepare and publish that report.

    (2) Every person or firm appointed under subsection (1) has all the powers conferred on the Auditor-General under sections 24 and 25 of the Public Audit Act 2001 in the exercise of that person's or that firm's functions under that subsection.

    (3) All expenditure incurred by and fees payable to any person or firm appointed by the Secretary in respect of the exercise of any powers or functions conferred by or under subsection (1) or subsection (2) of this section shall be recoverable from the local authority as a debt due by the local authority.

    Compare: 1974 No 66 s 223A; 1981 No 111 s 10

    Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (2) was substituted, as from 1July 2001, by section 47 Public Audit Act 2001 (2001 No 10).

    Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223H Inspection of financial records by members and specified officers of local authority
  • [Repealed]

    (1) Any member or specified officer of a local authority may, at any reasonable time, inspect the accounting documents of the local authority and take copies of them.

    (2) Every person commits an offence who, being a person who has any accounting document of a local authority in his or her possession or under his or her control,—

    • (a) Refuses to allow any member or specified officer of the local authority to inspect or take a copy of that accounting document; or

    • (b) Obstructs, or does not provide reasonable assistance to, any member or specified officer of the local authority in the execution of the power conferred on that member or officer by subsection (1) of this section.

    (3) In this section,—

    Accounting documents

    • (a) Means documents that are prime entries into financial records; and

    • (b) Includes—

      • (i) Ledger accounts; and

      • (ii) Other records derived from the prime entries irrespective of the form in which they are kept:

    Specified officer, in relation to a local authority,—

    • (a) Means the principal administrative officer of the local authority; and

    • (b) Includes any other officer of the local authority designated by the local authority for the purposes of this section, either by name or as the holder for the time being of any specified office.

    Compare: 1974 No 66 s 204; 1977 No 122 s 2

    Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223I Banking and related matters
  • [Repealed]

    (1) Every local authority shall establish such bank accounts and other funds and procedures for operating them as will ensure that its funds and the funds under its control are properly administered, managed, and accounted for.

    (2) Subject to any specific requirements relating to any fund, any local authority may invest its funds and the funds under its control in accordance with the provisions of the Trustee Act 1956 as to the investment of trust funds.

    Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223J Miscellaneous expenditure
  • [Repealed]

    (1) Any local authority may expend money for all or any of the following purposes:

    • (a) The insurance of, or the making of any other prudent and reasonable financial provision against any risk facing the local authority, its assets, or its interests:

    • (b) The making of ex gratia payments to any person who suffers any loss of or damage to property while rendering assistance to, or performing any action under the control or authority of, the local authority:

    • (c) Ceremonies for the public or a section of the public:

    • (d) The purchase of insignia and robes of office and civic insignia of any kind:

    • (e) The provision of entertainment, up to the amount (if any) provided in the estimates for the financial year in which the expenditure is incurred:

    • (f) The payment of subscriptions, levies, fees, or general contributions to any organisation that the local authority considers appropriate in connection with its functions, duties, and powers.

    (2) Expenditure under each of the paragraphs of subsection (1) of this section shall be separately and clearly identified in the accounts of the local authority.

    Compare: 1974 No 66 s 219(b), (c), (f), (h), (j), (k); 1977 No 122 s 2; 1985 No 60 s 19

    Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (1)(a) was substituted, as from 27 July 1996, by section 5 Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223K Unauthorised expenditure
  • [Repealed]

    (1) Any local authority may, in any financial year, out of its general revenues, expend for purposes not authorised by any Act or law for the time being in force—

    • (a) In the case of a local authority whose district has a population not exceeding 100,000, any sum or sums not exceeding in the aggregate $20,000; and

    • (b) In the case of a local authority whose district has a population exceeding 100,000, any sum or sums not exceeding in the aggregate $50,000.

    (2) Expenditure under this section shall be separately and clearly identified in the accounts of the local authority.

    Compare: 1974 No 66 s 177; 1977 No 122 s 2

    Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223L Government not liable for debts
  • [Repealed]

    No claim of any creditor of any regional council or territorial authority shall attach to or be paid out of the public revenues of New Zealand, or attach to or be paid by the Government.

    Compare: 1974 No 66 s 220; 1977 No 122 s 2

    Sections 223D to 223L were inserted, as from 1 July 1990, by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 13
Council property

  • Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

  • Part 13, comprising sections 224 to 228, was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

224 Interpretation
  • [Repealed]

    In this Part of this Act, unless the context otherwise requires, council means a territorial authority or a regional council.

    Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 224 was substituted, as from 1 July 1992, by section 26 Local Government Amendment Act 1992 (1992 No 42).

    Section 224 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225 Property for council purposes
  • [Repealed]

    (1) Subject to subsection (1A) of this section, a council may acquire and maintain such property as is necessary for the efficient and effective performance of its functions.

    (1A) A regional council may own only property directly related to its functions under this Act or any other Act.

    (2) Without limiting the generality of subsection (1) of this section, the council may, for the purposes specified in that subsection,—

    • (a) Purchase, take in the manner provided in the Public Works Act 1981, or otherwise acquire, or take on lease, land or buildings or parts thereof, or construct buildings, or acquire shares and the other rights in companies constructing or operating the same:

    • (b) Provide and maintain a public hall and public offices whether in the district or not for holding the meetings and transacting the business of the council, and for holding public meetings and for other purposes, and for that purpose cause buildings to be erected on any land belonging to or leased to the council, and cause any such building to be added to or improved:

    • (c) Purchase, acquire, or take on hire motor vehicles or other means of transport for use in the performance by the members of the council of their official duties and for other council purposes:

    • (d) Purchase, acquire, or take on hire equipment or machinery, or furnishings:

    • (e) Restore, maintain, improve, or extend any property so acquired.

    • (f) [Repealed]

    (3) The Council may, by resolution, purchase by means of hire purchase or instalment payments any item that it is empowered by paragraph (c) or paragraph (d) of subsection (2) of this section to purchase.

    (4) For the avoidance of doubt it is hereby declared that nothing in Part 7B of this Act shall apply to the purchase of any item by means of hire purchase or instalment payments under the authority of this section.

    Compare: 1954 No 76 ss 52, 116, 358, 360A; 1956 No 64 ss 32, 139, 374, 374A, 380; 1961 No 60 s 11(1); 1986 No 124 s 28; 1974 No 66 s 69, 131

    Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was substituted, and subsection (1A) was inserted, as from 1 July 1992, by section 27 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (2)(a) was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Subsection (2)(b) was amended, as from 20 October 1978, by section 3(6)(f) Local Government Amendment Act 1978 (1978 No 43) by substituting the words whether in the district or not for the words within the district.

    Subsections (3) and (4) were inserted, as from 30 March 1985, by section 20 Local Government Amendment Act 1985 (1985 No 60).

    Subsection (4) was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words Part 7B of this Act for the words the Local Authorities Loans Act 1956.

    Section 225 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225A Interpretation
  • [Repealed]

    (1) For the purposes of sections 225B to 225M of this Act,—

    Community Trust means a community trust constituted under section 225D of this Act;

    Constituting local authority means the local authority that establishes a Community Trust under section 225D of this Act.

    (2) [Repealed]

    Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (2) was repealed, as from 1 August 1998, by section 6(1)(a) Local Government Amendment Act 1998 (1998 No 89).

    Section 225A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225B Port company shares and assets and liabilities of former harbour boards
  • [Repealed]

    (1) Notwithstanding anything in section 225 of this Act, where, on the coming into force of this section, any regional council owns—

    • (a) Any assets or liabilities of any former harbour board; or

    that regional council may retain any or all of those assets and liabilities and any or all of those shares or equity securities.

    (2) [Repealed]

    Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (2) was repealed, as from 1 October 1998, by section 14(1)(c) Local Government Amendment Act 1998 (1998 No 89).

    Section 225B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225C Application of proceeds of sale
  • [Repealed]

    Where any local authority or local authority trading enterprise or subsidiary of a local authority trading enterprise sells any shares or equity securities in any port company established under the Port Companies Act 1988 or where a local authority receives from a local authority trading enterprise or subsidiary of a local authority trading enterprise any part of the proceeds of the sale of any such shares or equity securities, that local authority may apply any proceeds of the sale (including any income derived from or capital gain arising on these proceeds) to—

    • (a) The payment of costs related to the sale; and

    • (b) The reduction of the overall debt of that local authority; and

    • (c) The performance of any functions of that local authority; and

    • (d) A payment to a community trust established in accordance with section 225D of this Act in respect of the district of the local authority.

    Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Section 225C was amended, as from 10 April 1995, by section 2 Local Government Amendment Act 1995 (1995 No 25) by inserting the words (including any income derived from or capital gain arising on these proceeds).

    Section 225C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225D Community trusts
  • [Repealed]

    (1) Any local authority to which section 225C of this Act applies, may establish a trust to be known as the Name of the district of the constituting local authority Community Trust.

    (2) The constituting local authority shall prepare a trust deed for that trust in accordance with section 225K of this Act, and shall submit the trust deed to the Minister.

    (2A) A community trust shall be established under this section when, after consultation with the Minister of Revenue, the Minister agrees in writing that the general activities to be undertaken by the community trust, as specified in the trust deed, are not inconsistent with the purposes of the trust or with this Act.

    (3) A community trust shall, on establishment, be a body corporate with perpetual succession and a common seal, and subject to sections 225E to 225M of this Act and to any other Act or rule of law, have and be empowered to exercise, for the purpose and within the scope of its functions and its constitution, all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity.

    (4) The common seal of any community trust established in accordance with subsection (1) of this section, shall be judicially noticed in all courts and for all purposes.

    Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (2) was substituted, and subsection (2A) was inserted, as from 10 April 1995, by section 3 Local Government Amendment Act 1995 (1995 No 25) .

    Section 225D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225E Purpose of Trust
  • [Repealed]

    All property vested in, or belonging to, any community trust established under section 225D of this Act, shall be held in trust to be applied for purposes beneficial for the community principally in the district of the constituting local authority, including charitable, cultural, philanthropic, recreational, heritage, and other purposes.

    Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Section 225E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225F Trustees
  • [Repealed]

    (1) The trustees of a community trust shall be appointed having regard to their expertise and to their ability to be impartial in carrying out the purposes of the Community Trust in accordance with section 225E of this Act.

    (2) The first trustees of a community trust shall be appointed by the constituting local authority.

    (3) Subject to subsection (2) of this section, the trustees shall be appointed in the manner prescribed in the trust deed.

    Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Section 225F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225G Term of office of trustees
  • [Repealed]

    (1) The first trustees of a community trust shall hold office for the period specified in relation to each trustee in the trust deed.

    (2) Every subsequent trustee shall hold office for such term, not exceeding 3 years, as shall be specified in the trust deed.

    (3) A trustee shall be eligible for reappointment.

    (4) A trustee may resign office in the manner prescribed in the trust deed.

    (5) A trustee shall be deemed to have resigned office as a trustee if at any time that trustee is, under section 225H of this Act, not capable of holding office as trustee of a community trust.

    (6) A trustee may be removed from office at any time by the constituting local authority, by notice in writing,—

    • (a) For disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of that local authority; or

    • (b) In any case where that local authority is satisfied on reasonable grounds that the trustee has acted or is acting in a manner prejudicial, or likely to be prejudicial, to the interests of the community trust.

    (7) If any trustee dies or resigns or ceases to hold office, the office of that trustee shall become vacant and the vacancy shall be filled in the manner prescribed by the trust deed of that community trust, and any person filling the vacancy shall hold office for the residue of the term of office of that trustee.

    Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Section 225G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225H Persons not capable of holding office as trustee
  • [Repealed]

    The following persons shall not be capable of being appointed or re-appointed, or of holding office, as a trustee of a community trust:

    • (a) A bankrupt—

      • (i) Who has not obtained a final order of discharge; or

      • (ii) Whose order of discharge has been suspended for a term not yet expired or is subject to a condition not yet fulfilled:

    • (b) A person who has been convicted within the last 3 years of a criminal offence punishable by imprisonment:

    • (c) A person who would be subject to an order under section 189 of the Companies Act 1955 but for the repeal of that section:

    • (ca) A person to whom an order made under section 199L of the Companies Act 1955 applies (or would apply but for the repeal of that Act) or to whom an order made under section 383 of the Companies Act 1993 applies:

    • (d) A mentally disordered person within the meaning of the Mental Health Act 1969:

    • (f) A person who does not reside in the district of the constituting local authority:

    • (g) A person who is a member of, or is employed in the service of, or who holds any office in,—

      • (i) The constituting local authority; or

      • (ii) Any other regional council or territorial authority or community board (whichever the case may be) that has jurisdiction over all or part of the district of the constituting local authority.

    Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Paragraph (c) was substituted, and paragraph (ca) inserted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Section 225H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225I Financial statements
  • [Repealed]

    (1) The financial year of every community trust shall commence on the 1st day of July in each year and end on the 30th day of June in the following year.

    (2) The trustees of every community trust shall ensure that full and correct accounts of all the financial transactions of that community trust and its assets, liabilities, and funds are kept.

    (3) The trustees of every community trust shall, after the end of each financial year, have prepared financial statements including a statement of financial position and income and expenditure account and notes thereto, giving a true and fair view of the financial affairs of that community trust for the financial year.

    (4) The financial statements shall show separately—

    • (a) The names of persons or organisations to whom distributions have been made by that community trust under section 225E of this Act in that financial year; and

    • (b) The amounts distributed.

    (5) The financial statements shall be audited by the Audit Office.

    (6) The Controller and Auditor-General shall certify whether the financial statements are properly drawn up and give a true and fair view of the financial affairs of the community trust for the financial year.

    (7) Unless otherwise directed by the Minister or the constituting local authority, as the case may be, the financial statements together with the Audit Office's report thereon shall be sent to the Minister and the constituting local authority not later than the 1st day of September in each year, and copies of the financial statements and the Audit Office's report shall be published in the Gazette and publicly notified in the district of the constituting local authority.

    Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    The words statement of financial position, in subsection (3), were substituted, as from 1 October 1997, for the words balance sheet pursuant to 6(1) Financial Reporting Amendment Act 1997 (1997 No 17).

    Section 225I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225J Trustees to hold public meeting
  • [Repealed]

    (1) The trustees of a community trust shall, not later than the 31st day of October in each year, hold a public meeting in the district of the constituting local authority and shall at that meeting report on the operation of that community trust during the preceding financial year and on the financial statements of that community trust for that year.

    (2) The trustees of a community trust shall give not less than 14 days' public notice of the holding of the meeting under subsection (1) of this section.

    Sections 225A to 225M were inserted, as from 1 July, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Section 225J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225K Matters to be included in trust deed
  • [Repealed]

    The trust deed establishing a community trust under section 225D of this Act shall contain provisions—

    • (a) Specifying the name of the community trust:

    • (aa) Specifying the purposes of the community trust as set out in section 225E of this Act:

    • (ab) Specifying the general activities to be undertaken by the community trust:

    • (b) Specifying the maximum and minimum number of trustees:

    • (c) For the holding of, and voting at, meetings of trustees and specifying the quorum necessary for the holding of meetings of trustees:

    • (d) For the remuneration of trustees:

    • (e) Specifying the manner in which a vacancy in the office of trustee shall be filled:

    • (f) For the appointment of officers, employees, managers, and agents:

    • (g) Specifying the powers of investment of the trustees:

    • (h) Prohibiting the community trust from undertaking in its own right any business other than business that is absolutely necessary to the carrying out of the purpose of the community trust:

    • (i) Specifying the powers of the trustees to expend the income of the trust, which powers shall be exercisable only for the purposes of administering and maintaining the community trust and for the purposes specified in section 225E of this Act:

    • (j) For the keeping of accounts:

    • (k) Specifying the manner in which the trust deed may be varied:

    • (l) Specifying such other matters as the Minister or the constituting local authority considers appropriate.

    Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Paragraphs (aa) and (ab) were inserted, as from 10 April 1995, by section 4 Local Government Amendment Act 1995 (1995 No 25).

    Section 225K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225L Trust deed not to be inconsistent with provisions of this Act
  • [Repealed]

    (1) No provision of a trust deed establishing a community trust shall be inconsistent with the provisions of this Act and no trust deed shall be varied so as to become inconsistent with the provisions of this Act.

    (1A) No variation of the trust deed of a community trust may be executed to amend the general activities to be undertaken by the trust unless—

    • (a) The trustees have submitted the proposed variation to the Minister; and

    • (b) After consultation with the Minister of Revenue, the Minister agrees in writing that any proposed amendments to the general activities to be undertaken by the community trust are not inconsistent with the purposes of this trust or with this Act.

    (2) Any provision of a trust deed establishing a community trust which is inconsistent with the provisions of this Act and any variation of the trust deed which is inconsistent with the provisions of this Act shall be unenforceable and of no effect.

    Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (1A) was inserted, as from 10 April 1995, by section 5 Local Government Amendment Act 1995 (1995 No 25).

    Section 225L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225M Application of Trustee Act 1956
  • [Repealed]

    The Trustee Act 1956 applies to a community trust established under this Act.

    Sections 225A to 225M were inserted, as from 1 July 1992, by section 28 Local Government Amendment Act 1992 (1992 No 42).

    Section 225M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

226 Disposal of council property (other than land)
  • [Repealed]

    Subject to this Act, the council may—

    • (a) Sell, grant leases of, or let out on hire or otherwise dispose of, on such terms as the council thinks fit, any buildings or parts thereof, or any equipment, machinery, furnishings, or vehicles or other means of transport purchased or acquired by the council under section 225 of this Act or the corresponding provisions of any former enactment:

      Provided that the council shall not dispose of any land taken or otherwise acquired under the Public Works Act 1981 except in accordance with the provisions of that Act:

    • (b) Sell, on such terms as the council thinks fit, any shares in companies constructing or operating buildings purchased or acquired by the council under section 225 of this Act or the corresponding provisions of any former enactment.

    Compare: 1956 No 64 s 380

    Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    The proviso to section 226(a) was substituted, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Section 226 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

227 Shops and offices
  • [Repealed]

    Where pursuant to any authority conferred on it by this Act or any other Act the council erects or acquires any building, it may make provision therein for shops or offices, and may let any such shop or office at such rent, for such term, upon such conditions, and to such person or persons as it thinks fit:

    Provided that it shall not be lawful for the council to make provision as aforesaid for shops or offices to such an extent as to render the building less suitable for the purpose for which it was authorised to be erected or acquired.

    Compare: 1954 No 76 s 360; 1956 No 64 s 376

    Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 227 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

228 Council may purchase land by instalments
  • [Repealed]

    (1) The Council may, pursuant to a special order, purchase land on terms that provide for the payment of the purchase price and interest over a period not exceeding 20 years.

    (2) For the avoidance of doubt it is hereby declared that nothing in Part 7B of this Act shall apply to any purchase of land in accordance with this section.

    Compare: 1974 No 66 s 228; 1977 No 122 s 2

    Part 13, comprising sections 224 to 228, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 228 was substituted, as from 30 March 1985, by section 21 Local Government Amendment Act 1985 (1985 No 60).

    Subsection (2) was amended, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83) by substituting the words Part 7B of this Act for the words the Local Authorities Loans Act 1956.

    Section 228 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 14
Sale and leasing of land

  • Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

  • Part 14, comprising sections 229 to 236, was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

229 Interpretation
  • [Repealed]

    Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 229 was repealed, as from 1 July 1992, by section 29 Local Government Amendment Act 1992 (1992 No 42).

230 Sale or exchange of council land
  • [Repealed]

    (1) Except as provided in subsections (3) to (7) of this section, and subject to any other provision of this Act and to the provisions of any other enactment, the council, pursuant to a resolution made after notice has been given in accordance with subsection (2) of this section, may sell any land vested in the Corporation of the district, or exchange any such land, and in respect of any such exchange may give or receive any money for equality of exchange.

    (1A) In the case of any land that was, immediately before the commencement of this subsection, subject to the Harbours Act 1950 and held by a local authority as an endowment, or on trust, for harbour-related purposes,—

    • (a) The land may not be sold without the prior written consent of the Minister; and

    • (b) The Minister may give that consent unconditionally or subject to such conditions as the Minister thinks fit; but

    • (c) Nothing in this subsection requires that the money received from the sale of such land be applied for the purpose of purchasing other land for harbour related purposes.

    (2) Public notice of the time and place of the meeting at which the resolution is to be submitted to the council and of the purport of the resolution (including the name of and number in the road, or some other readily identifiable description of the land) shall be given not less than 14 clear days before the date of the meeting, but no such notice shall be necessary in any case where the land is sold to any person who wishes to build a house thereon for the personal occupation of himself and his family or of occupying with his family any house already on the land.

    (3) Where any land vested in the Corporation of the district is sold or exchanged pursuant to subsection (1) of this section then, in any case where under subsection (2) of this section public notice is required to be given, the District Land Registrar shall, before registering the transfer of title to the land, be satisfied, by a certificate endorsed on the memorandum of transfer and signed by the principal administrative officer of the council or by a solicitor of the High Court, that public notice complying with subsection (2) of this section has been properly given.

    (4) Where any land so sold or exchanged was at the time of the sale or exchange vested in the council in trust or as an endowment for any purpose or purposes, whether by or pursuant to any Act or any deed of trust or otherwise howsoever, then, notwithstanding anything in the instrument creating the trust or endowment, but subject to subsection (8)(d) of this section, all money received by the council upon the sale or exchange shall as soon as practicable be applied in or towards the purchase of other land to be held for the same purposes as the land so sold or exchanged or in accordance with subsection (5) of this section.

    (5) The Minister may, subject to subsection (8) of this section, authorise the council to apply all or part of the money so received in or towards the purchase or other acquisition of other land to be held for such other purposes as the Minister specifies.

    (6) If any land to which subsection (4) of this section applies is sold then, unless the Minister otherwise consents,—

    • (a) The land shall not be sold for a price that is less than the capital value of the land, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the sale:

    • (b) In the case of leased land to be sold to the lessee, the land shall not be sold for a price that is less than the unimproved value of the land plus the value of any improvements not formerly made by or purchased by the lessee, that price being determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the sale:

    • (c) In the case of an exchange, the total of—

      • (i) The capital value of the land received in exchange, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the exchange; and

      • (ii) Any money received by the council by way of equality of exchange,—

      shall not be less than the capital value of the land given by the council in exchange, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the exchange:

    • (d) In the case of an exchange between the council and the lessee of leased land, the total of—

      • (i) The value of the land received by the council in exchange, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the exchange; and

      • (ii) Any money received by the council by way of equality of exchange,—

      shall not be less than the unimproved value of the land given by the council in exchange, plus the value of any improvements not formerly made by or purchased by the lessee, as determined by a registered valuer in accordance with the Rating Valuations Act 1998 not earlier than 6 months before the date of the exchange.

    (6A) For the purposes of any determination by a registered valuer under subsection (6) of this section the Rating Valuations Act 1998 shall be read as if the following definition of the term improvements had been substituted for the definition of that term set out in section 2 of that Act:

    Improvements means all work done or material used at any time on the land by the expenditure of capital or labour by any owner or occupier thereof in so far as the effect of the work done or material used is to increase the value of the land, and the benefit thereof is unexhausted at the time of valuation

    Provided that the reclamation of land from the sea shall not in any case be deemed to be improvements either of the land reclaimed or of any other land:

    Provided also that work done or material used on or for the benefit of any land by the expenditure of capital or labour by any owner or occupier thereof in the provision of roads or in the provision of water, drainage, or other amenities in connection with the subdivision of the land for building purposes shall not be deemed to be improvements after the land has been sold or another person has taken actual occupation of the land (whether by virtue of a tenancy for not less than 6 months certain or not):.

    (6B) For the purposes of any determination by a registered valuer under subsection (6) of this section the term unimproved value, in relation to any land, means the sum which the owner's estate or interest in the land, if unencumbered by any mortgage or other charge, might be expected to realise at the time of valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to impose, and if no improvements had been made on the land.

    (7) Notwithstanding anything in subsection (4) of this section, the council may apply all or part of any money received under that subsection for or towards the provision of earthworks, grassing, drainage, tree planting, fencing, or protection of any land vested in the council as an endowment, or for or towards any other improvement of any kind of any such land that the council considers necessary for the proper use of the land as an endowment.

    (8) Nothing in this section shall be deemed—

    • (a) To authorise the council to deal with any public reserve within the meaning of the Reserves Act 1977 otherwise than in accordance with that Act:

    • (b) To authorise the council to deal with any land taken or otherwise acquired under the Public Works Act 1981, except in accordance with that Act:

    • (c) To apply to the sale or exchange of any land by the council pursuant to the power conferred by section 345 or section 572(3) of this Act or to any express power of sale or exchange conferred by any other Act:

    • (d) To authorise the sale or exchange of any land vested in the council in trust or as an endowment if the sale or exchange of the land is prohibited by the instrument creating the trust or endowment.

    Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    The original section 230 was amended, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43) by substituting the words section 345 of this Act for the words section 190 of the Municipal Corporations Act 1954 or section 191F of the Counties Act 1956 (as inserted by section 2 of the Counties Amendment Act 1972).

    Subsection (2) of the original section 230 was amended, as from 1 April 1980, by section 7(1) by inserting the words then, in any case where under the proviso to that subsection public notice is required to be given,.

    Subsections (3) and (4) of the original section 230 were substituted, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Subsections (5)(b) and (5)(d) of the original section 230 were substituted, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59)

    Section 230 was substituted, as from 19 January 1981, by section 31(1) Local Government Amendment Act 1980 (1980 No 82).

    Subsection (1A) was inserted, as from 29 April 1999, by section 4 Local Government Amendment Act (No 2) 1999 (1999 No 24).

    Subsection (6) was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words a registered valuer in accordance with the Rating Valuations Act 1998 for the words the Valuer-General under the Valuation of Land Act 1951 wherever they occurred. See sections 55 to 63 for the savings and transitional provisions.

    Subsection (6A) was inserted, as from 23 October 1981, by section 9 Local Government Amendment Act (No 2) 1981 (1981 No 111).

    Subsection (6A) was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words Rating Valuations Act 1998 and the words a registered valuer for the words Valuation of Land Act 1951 and the words the Valuer-General respectively. See sections 55 to 63 for the savings and transitional provisions.

    Subsection (6B) was inserted, as from 23 October 1981, by section 9 Local Government Amendment Act (No 2) 1981 (1981 No 111).

    Subsection (6B) was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words a registered valuer for the words the Valuer-General. See sections 55 to 63 for the savings and transitional provisions.

    Subsection (8)(c) was amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the expression or section 572(3).

    Section 230 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

231 Leasing of land by council
  • [Repealed]

    (1) The council shall, in addition to all other leasing powers exercisable by the council under any other provision of this Act, or under any other enactment, or under any grant, conveyance, or deed, have power to lease any land or building or other real or personal property vested in the Corporation of the district (not being land that is a public reserve within the meaning of the Reserves Act 1977 or a building on any such public reserve) in accordance with the Public Bodies Leases Act 1969, and that Act shall apply accordingly.

    (2) Any lease entered into pursuant to any of the provisions of sections 152, 153, 153A, 155, 157, and 158 of the Municipal Corporations Act 1954 or sections 172, 173, 173A, 175, 177, and 178 of the Counties Act 1956 and current at the commencement of this Part of this Act shall be deemed to be leases entered into pursuant to the appropriate provisions of the Public Bodies Leases Act 1969, and the provisions of that last-mentioned Act shall apply accordingly.

    Compare: 1954 No 76 s 151; 1956 No 64 s 171; 1969 No 141 s 28(2)

    Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 1 April 1979, by section 3(2) Local Government Amendment Act 1978 (1978 No 43) by omitting the words or under the Municipal Corporations Act 1954 or, as the case may be, the Counties Act 1956.

    Section 231 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

232 Lease of council building as cinematograph theatre
  • [Repealed]

    (1) Notwithstanding anything in any other Act, where an exhibitor's licence has been granted under the Films Act 1983 in respect of any building vested in the Corporation of the district, the council may grant a lease of that building to the holder of the licence or, where the licence has expired, to the last holder of the licence at a rent to be fixed in accordance with subsection (2) of this section and without selling the lease by public auction or public tender.

    (2) The rent payable under any lease under subsection (1) of this section shall be fixed as follows:

    • (a) The rent shall be fixed by 2 independent persons (in this section referred to as the arbitrators), one to be appointed by the council and the other by the proposed lessee:

    • (b) The arbitrators, before commencing to make the valuation, shall together appoint a third person, who shall be an umpire as between them:

    • (c) The decision of the 2 arbitrators if they agree, or of the umpire if the arbitrators do not agree, shall be binding on the council and the proposed lessee.

    (3) The council may terminate any lease granted under this section in the event of the lessee ceasing to be the holder of an exhibitor's licence granted as aforesaid in respect of the building comprised in the lease.

    (4) No lease granted under this section shall be for a longer term than 7 years.

    Compare: 1954 No 76 s 154; 1956 No 64 s 174

    Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    The reference to the Films Act 1983 was substituted for the repealed Cinematograph Films Act 1976 pursuant to section 76 Films Act 1983 (1983 No 130).

    Section 232 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

233 Leases to other local authorities may be by private contract
  • [Repealed]

    Notwithstanding anything in the Public Bodies Leases Act 1969, the council may grant a lease of any lands or buildings vested in the Corporation of the district to any other local authority at such rent and subject to such terms and conditions as are determined by the council, and without offering the lease for public application and ballot or selling it by public auction or public tender.

    Compare: 1956 No 64 s 174A; 1961 No 131 s 9

    Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 233 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

234 Special provisions with respect to land and buildings reserved for recreation
  • [Repealed]

    Where any land vested in the Corporation of the district for the use or enjoyment or recreation of the residents of the district (not being a public reserve within the meaning of the Reserves Act 1977) is leased, the lessee shall not erect thereon any building other than a building authorised by the lease as a building necessary for the full use of the land for the purpose or purposes for which it is vested, and no such land shall be so leased as in any way to restrict the public in the use and enjoyment thereof.

    Compare: 1954 No 76 s 156(2); 1956 No 64 s 176(2)

    Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 234 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

235 Council may grant easements
  • [Repealed]

    The council may grant, either in perpetuity or for a specified term, and either in gross or appurtenant to any other land, any rights, easements, or privileges over any land, building, or personal property held by the Corporation of the district (not being a public reserve within the meaning of the Reserves Act 1977), if the council resolves that the rights, easements, or privileges proposed to be granted will not interfere with the proper use of the land, buildings, or personal property.

    Compare: 1954 No 76 ss 159, 159A; 1956 No 64 s 179; 1964 No 119 s 10

    Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 230 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

236 Transfers and leases to Crown for reserves or public purposes
  • [Repealed]

    Notwithstanding anything in this Part of this Act, the council may transfer to the Crown, with or without consideration, or lease to the Crown, with or without payment of rent, any land vested in the Corporation of the district and not held in trust for any particular purpose or purposes, whether by or pursuant to any Act or any deed of trust or otherwise howsoever, to be held by the Crown for the purposes of a public reserve or for any purpose of public utility:

    Provided that land held in trust for any particular purpose or purposes may be transferred to the Crown under this section to be held by the Crown in trust for the same purpose or purposes.

    Compare: 1954 No 76 s 162; 1956 No 64 s 182

    Part 14, comprising sections 229 to 236, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 236 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 15
Works of councils

[Repealed]

  • Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

  • Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

237 Interpretation
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

237A Power to acquire land
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

237B Land for regional planning
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (2) was repealed, as from 1 April 1988, by section 5 Local Government Amendment 1988 (1988 No 71).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

238 General powers of council in respect of works
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Paragraph (b) was amended, as from 1 February 1982, by substituting Part 7 Public Works Act 1981 being the corresponding enactment in force for Part 5 Public Works Act 1928.

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

238A Execution of works and services for united council
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

239 Council involvement in joint ventures with other persons
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (3) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Section 239 was substituted, as from 14 August 1986, by section 8 Local Government Amendment Act (No 3) 1986 (1986 No 50).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

239A Agreement for execution of works and development for regional planning purposes
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsections (2) to (7) were amended, as from 1 April 1988, by section 6 Local Government Amendment Act 1988 (1988 No 71).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

239B Joining of other local authorities in, and sharing of expenses of, works and development for regional planning
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Section 239B was amended, as from 1 April 1988, by section 7 Local Government Amendment Act 1988 (1988 No 71).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

240 Compensation payable by council for land taken or injuriously affected
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

241 Government works not to be interfered with
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1)(a) was substituted, as from 1 April 1988, by Local Government Amendment Act 1988 (1988 No 71).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

242 Council not authorised to create nuisance
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

243 Protection of permanent reference marks
  • [Repealed]

    Part 15, comprising sections 237 to 243, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) the proviso was amended, as from 1 April 1987, by section 11(1) and (2) State-Owned Enterprises Amendment Act 1987 (1987 No 117), by substituting the words in square brackets.

    Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 16
Contracts

[Repealed]

  • Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

  • Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

244 Interpretation
  • [Repealed]

    Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

245 Contracts for works
  • [Repealed]

    Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

246 Council may contract with Minister of Works and development and other local authorities and public bodies for execution of works
  • [Repealed]

    Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

247 Co-operative contracts
  • [Repealed]

    Part 16, comprising sections 244 to 247, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 16A
Works and contracts

  • Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

247A Commencement
  • [Repealed]

    This Part of this Act shall come into force on the 1st day of November 1989.

    Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 247A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247B General powers
  • [Repealed]

    (1) Every territorial authority shall have the power to undertake the planning, implementation, and maintenance of any work that, in the opinion of the territorial authority, is necessary or beneficial to the district, whether inside or outside the district.

    (2) Every regional council shall have the power to undertake the planning, implementation, and maintenance of any work necessary to the performance of its functions and duties.

    Compare: 1974 No 66 s 238(b)-(e); 1977 No 122 s 2

    Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 247B was substituted, as from 1 July 1992, by section 30 Local Government Amendment Act 1992 (1992 No 42).

    Section 247B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247C General power to be involved in business and other ventures
  • [Repealed]

    (1) A local authority may, for the purpose of performing any function or duty or of exercising any power conferred on it by or under this Act or any other Act, subject to this Act,—

    • (a) Form or participate in the formation and operation of a company, trust, partnership, or other body; and

    • (b) Subscribe for, or otherwise acquire, hold, and dispose of equity securities or debt securities of a company; and

    • (c) Become a member of a company limited by guarantee; and

    • (d) Subscribe for or otherwise acquire and dispose of units in a unit trust; and

    • (e) Acquire, hold, and dispose of an interest in, or membership of, a partnership, trust, or other body constituted under or authorised by any Act or deed or otherwise by law; and

    • (f) Enter into partnership or into any agreement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person carrying on or engaged in, or about to carry on or engage in, any business or transaction capable of being conducted so as to directly or indirectly benefit the local authority.

    (2) If by virtue of any participation, subscription, or acquisition under subsection (1) of this section, a local authority has the right to elect or appoint some person to be a director of or hold office in or under a company, joint venture, trust, partnership, or other body, the local authority may elect or appoint any person to that office (whether or not that person is a member or officer of the local authority).

    (3) Nothing in this section shall restrict the power of a local authority to form or hold any interest in any local authority trading enterprise under Part 34A of this Act.

    Compare: 1974 No 66 s 239(1); 1986 No 50 s 8(1)

    Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 247C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247D Method to be adopted
  • [Repealed]

    (1) A local authority may carry out its works and perform its functions—

    • (a) By using its own staff; or

    • (b) By entering into an arrangement or contract with—

      • (i) The Crown; or

      • (ii) Any local authority, department of State, State enterprise, public body, local authority trading enterprise, person, or organisation.

    (2) In deciding under this section how to carry out any work or to perform any function, the local authority shall—

    • (a) Have regard to the requirements of section 223C of this Act and to the objectives stated in its annual plan under section 223D of this Act; and

    • (b) Give due consideration to the advantages and disadvantages of different options.

    (2A) Notwithstanding subsection (2) of this section, a regional council shall not carry out its works or perform its functions by using its own staff unless it is satisfied that the advantages of this option for the ratepayers of the region clearly outweigh those of any other option.

    (3) Any contract or arrangement entered into pursuant to this section may include provision for sharing of control, management, or profits, joint venture activity, reciprocal concessions or otherwise; and, for the avoidance of doubt, it is hereby declared that the Crown, every local authority, and every department of State has authority to enter into any such contract or arrangement with a local authority.

    (4) Nothing in this section or any contract or arrangement entered into under the authority of this section shall relieve any local authority or any member or officer of the local authority of the liability to perform or ensure the performance of any function or duty imposed on the local authority or person by this or any other Act.

    Compare: 1974 No 66 s 239(2); 1986 No 50 s 8(1)

    Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Subsection (2A) was inserted, as from 1 July 1992, by section 31 Local Government Amendment Act 1992 (1992 No 42).

    Subsection (2)(a) was substituted, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Section 247D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247E Contracts and tenders
  • [Repealed]

    (1) Where any local authority is contemplating entering into any contract for the supply of goods or services that is likely to involve the local authority in expenditure or financial commitment that the local authority considers significant, the local authority shall consider whether or not the matter shall be put to tender.

    (2) Where any local authority decides not to put out to tender a contract to which subsection (1) of this section applies, the local authority shall ensure that the reasons for the decision are recorded in writing.

    (3) In considering whether or not to put any matter to tender and whether or not to accept any tender, the local authority shall have regard to its objectives as stated in its annual report to the public under section 223D of this Act.

    Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 247E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247F Power to acquire land
  • [Repealed]

    (1) Every local authority may purchase, take in the manner provided in the Public Works Act 1981, or otherwise acquire and hold, any land or interest in land, whether within or outside the district, which may be necessary or convenient—

    • (a) For the purposes of or in connection with any public work that the local authority is empowered to undertake, construct, or provide; or

    • (b) For carrying out any of the functions, duties, or powers of the local authority under this Act or any other Act.

    (2) All land taken, purchased, or acquired under the Public Works Act 1981 shall be vested in the local authority for the purpose for which it was acquired and shall be subject to the provisions of that Act as to a change of that purpose or its disposal.

    Compare: 1974 No 66 s 237A; 1977 No 122 s 2

    Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 247F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247G Compensation payable by local authority for land taken or injuriously affected
  • [Repealed]

    (1) Every person having any estate or interest in any land—

    • (a) Taken under the authority of this Act for any public work; or

    • (b) Injuriously affected by any public work; or

    • (c) Suffering any damage from the exercise of any of the powers given by this Act,—

    shall be entitled to full compensation for the same from the local authority to the extent provided in the Public Works Act 1981.

    (2) All such compensation may be claimed and shall be determined in the manner provided by the Public Works Act 1981.

    Compare: 1974 No 66 s 240; 1977 No 122 s 2

    Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 247G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247H Local authority not authorised to create nuisance
  • [Repealed]

    Nothing in this Act entitles any local authority—

    • (a) To create a nuisance; or

    • (b) To deprive the Crown or any person of any right or remedy the Crown or that person would otherwise have against the local authority or any other person in respect of any nuisance.

    Compare: 1974 No 66 s 242; 1977 No 122 s 2

    Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 247H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 17
Documents and local archives

[Repealed]

  • Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

  • Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

248 Interpretation
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Local authority: amended, as from 1 April 1988, by section 9 Local Government Amendment Act 1988 (1988 No 71) by substituting the words any Minister of the Crown for the words the Minister of Works and Development.

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

Documents

249 Council to make arrangements in connection with documents
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

250 Documents of district community councils and community councils
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

251 Documents of abolished local authorities
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 1 November 1989, by section 27(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression 37ZZS for the expression section 36.

    Subsection (1) was amended, as from 1 July 1992, by section 32(1) Local Government Amendment Act 1992 (1992 No 42) by substituting the expression section 37ZZZJ for the expression section 27ZZS.

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

252 Authentication of documents by council
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Subsection (1) was amended, as from 1 November 1989, by section 28(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the words community board for the words district community council or a community council.

    Subsection (1)(c) was amended, as from 1 November 1989, by section 28(2) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the words community board for the words district community council of community council.

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

253 Service of documents, etc
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

254 Loss or destruction of documents, etc
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

255 Certified copies of documents
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

Local archives

256 Protection of local archives
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

257 Use of local archives
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

258 Acquisition of local archives and other documents
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

259 Destruction of certain local archives
  • [Repealed]

    Part 17 (comprising sections 248 to 259) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

    Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

Part 18
General provisions as to functions and powers

[Repealed]

  • Part 18 (comprising sections 260 to 263) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

  • Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

260 Functions of united councils
  • [Repealed]

    Part 18 (comprising sections 260 to 263) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 20 November 1981, by section 2 Local Government Amendment Act 1981 (1981 No 13), by inserting the words or section 266A.

    Subsection (1) was amended, as from 12 January 1984, by section 13 Local Government Amendment Act 1983 (1983 No 132), by inserting the words or Part 19A.

    Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

261 Regional or united council may undertake constituent authority functions
  • [Repealed]

    Part 18, comprising sections 260 to 263, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection 7 was amended, as from 1 April 1980, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by inserting the words within the immediately preceding 2 years.

    Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

262 Functions conferred by Order in Council
  • [Repealed]

    Part 18, comprising sections 260 to 263, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

263 Provisions on transfer of functions
  • [Repealed]

    Part 18, comprising sections 260 to 263, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 19
Functions of regional and united councils only

[Repealed]

  • Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

  • Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

264 Interpretation
  • [Repealed]

    Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

265 New regional functions
  • [Repealed]

    Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

266 Councils to exercise civil defence functions
  • [Repealed]

    Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

266A Functions relating to developments of regional importance
  • [Repealed]

    Section 266A was inserted, as from 20 November 1981, by section 3 Local Government Amendment Act 1981 (1981 No 111).

    Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

267 Delegation of functions from Crown
  • [Repealed]

    Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

268 Territorial authority may perform functions of regional council in certain circumstances
  • [Repealed]

    Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

269 Out-districts
  • [Repealed]

    Part 19, comprising sections 264 to 269, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 19A
Administration of petroleum rationing by regional councils and united councils

[Repealed]

  • Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).

  • Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269A Interpretation
  • [Repealed]

    Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).

    Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269B Regions for the purposes of this Part
  • [Repealed]

    Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).

    Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269C Councils to undertake petroleum products rationing
  • [Repealed]

    Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).

    Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269D Petroleum products rationing organisation plans
  • [Repealed]

    Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).

    Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269E Petroleum products rationing administrative plans
  • [Repealed]

    Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).

    Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269F Amendment to approved plans
  • [Repealed]

    Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).

    Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269G Regional and united councils and territorial authorities to give effect to operative petroleum products rationing plans
  • [Repealed]

    Part 19A (comprising sections 269A to 269G) was inserted, as from 13 January 1984, by section 12 Local Government Amendment Act 1983 (1983 No 132).

    Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

Part 20
Subdivision and development of land

[Repealed]

  • Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

270 Interpretation and application
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

270A Local Government Amendment Act 1981 not to apply to certain developments not completed at 1 January 1981
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was inserted, as from 1 January 1981, by s. 5 Local Government Amendment Act 1981 (1981 No 13), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

271 Subdivision defined
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (6) was repealed, as from 12 December 1979, by section 4(3) Local Government Amendment Act 1979 (1979 No 59).

    Part 20, comprising sections 270 to 314, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

271A Subdivision defined
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1)(aa) was inserted, as from 30 March 1985, by section 23 Local Government Amendment Act 1985 (1985 No 60).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

272 Subdivision defined
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

273 Application of this Part to subdivision or development by council
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 273 was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by omitting the words or development and in the case of a subdivision

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

273A Application of this Part to developments by local authorities
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words the council or by in two places.

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

273B Application of this Part to development by hospital boards
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was inserted, as from 20 November 1981, by section 11 Local Government Amendment Act (No 2) 1981.

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

273C Application of this Part to relocatable home parks
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was inserted, as from 30 March 1985, by section 24 Local Government Amendment Act 1985.

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

274 Subdivision not to be permitted in certain circumstances
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

275 Scheme plan to be submitted to council
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1)(b) was repealed, as from 19 January 1980, by section 32 Local Government Amendment Act 1980 (1980 No 82).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

276 Concept plan may be required in certain cases
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

277 Concept plan to be referred to certain authorities
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Paragraph (d)(i) was amended, as from 1 April 1982, by section 120(5) New Zealand Railways Corporation Act 1981 (1981 No 119), by substituting a reference to a New Zealand Railways Corporation railway for a reference to a Government railway.

    Paragraphs (d) and (e) were substituted, as from 1 April 1988, by section 11 Local Government Amendment Act 1988 (1988 No 71).

    Paragraph (d) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

278 Action to be taken in respect of concept plan
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

279 Powers of council where scheme plan submitted
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (2)(da) was inserted, as from 20 November 1981, by section 12(1) Local Government Amendment Act (No 2) 1981 (1981 No 111).

    Subsection (2)(n) was substituted, as from 30 March 1985, by section 25 Local Government Amendment Act 1985 (1985 No 60).

    Subsection (3) was amended, as from 20 November 1981, by section 12(1) Local Government Amendment Act (No 2) 1981 (1981 No 111) by inserting the words or paragraph (da).

    Subsections (8) and (8A) were substituted, as from 1 April 1988, by section 12 Local Government Amendment Act 1988 (1988 No 71).

    Subsection (8) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Subsection (8A) was substituted, as from 28 August 1990, by section 35 New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

280 Council and owner may agree for subdivision to proceed
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

281 Application of Part 21
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

282 Minimum frontage and area requirements
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words section 684 of this Act for the words section 386 of the Municipal Corporations Act 1954 or, as the case may require, section 401 of the Counties Act 1956.

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

283 Public water supply, drainage, electricity reticulation, and gas supply
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) (that part before paragraph (a)), and the proviso to subsection (3), were amended, as from 1 January 1981, by section 7 Local Government Amendment Act 1981 (1981 No 13) by inserting the word administrative.

    Subsection (1)(a) was amended, as from 1 January 1981, by section 7 Local Government Amendment Act 1979 (1979 No 59) by substituting the words service the subdivision for the words service the system.

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

284 Reserves policy
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

285 Reserves contributions in case of residential sub-divisions
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

286 Reserves contributions in respect of subdivision for commercial or industrial purposes
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

287 Reserves contributions previously paid
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

288 Payment and use of reserves contributions
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (3)(h) was inserted, as from 20 November 1981, by section 13 Local Government Amendment Act (No 2) 1981 (1981 No 111).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

289 Reserves along areas of water
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    In subsections (1), (2), (4), (7), and (8) the word Conservation was substituted for the word Lands, as from 1 April 1987, pursuant to section 11(1) State-Owned Enterprises Amendment Act 1987 (1987 No 117).

    Subsection (1) was amended, as from 1 January 1980, by section 30(2)(a) Reserves Amendment Act 1979 (1979 No 63) by inserting the words for esplanade purposes.

    Subsection (3) was amended, as from 1 January 1980, by section 30(2)(a) Reserves Amendment Act 1979 (1979 No 63) by substituting the words for the purposes specified in the said subsection (1) or subsection (2), as the case may be, or the words for recreation purposes.

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

290 Compensation in respect of land along areas of water set aside as reserves
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word Conservation for the word Lands,

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

291 Preservation of trees and buildings of historic interest and wildlife habitat
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (2) was amended, as from 1 January 1981, by section 8 Local Government Amendment Act 1981 (1981 No 13) by inserting the words or development levy.

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

292 Reserves for future service lanes
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

293 Development plans
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 293 was substituted, as from 14 January 1983, by section 16(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Subsections (9) and (9A) were substituted, as from 1 April 1988, by section 13 Local Government Amendment Act 1988 (1988 No 71).

    Subsection (9) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 by substituting the words Transit New Zealand for the words the National Roads Board.

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294 Reserves and public services contributions in respect of development
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 20 November 1981, by section 10(1) Local Government Amendment Act 1981 (1981 No 13) by substituting the words administrative, commercial, or industrial purposes, or any 2 or more such purposes and the assessed value of the development is not in excess of $50 million for the words commercial or industrial purposes or both such purposes.

    Subsection (1)(a) was substituted, as from 20 November 1981, by section 10(2) Local Government Amendment Act 1981 (1981 No 13)

    Subsection (3) was repealed, as from 12 December 1979, by section 4(4)(b) Local Government Amendment Act 1979 (1979 No 59).

    Subsection (7) was amended, as from 12 December 1979, by section 4(4)(c) Local Government Amendment Act 1979 (1979 No 59) by inserting the words or for the due compliance, in their application to the development, of sections 280, 281, 283, 289, 290, 291, 292, and 302 of this Act.

    Subsection (7) was further amended, as from 20 November 1981, by section 10(1) Local Government Amendment Act 1981 (1981 No 13) by omitting the expression 290.

    Subsection (9) was repealed, as from 12 December 1979, by section 4(5) Local Government Amendment Act 1979 (1979 No 59).

    Subsections 10 and 11 were inserted as from 12 December 1979, by section 4(5) Local Government Amendment Act 1979 (1979 No 59).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294A Calculation of development levy
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).

    Subsection (1) was amended, as from 14 January 1983, by section 16(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the expression section 293(3) for the expression section 293(5).

    Subsections (1), (2)(b), (3), and (5)(b) were amended, as from 14 January 1983, by section 17(1)(a) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words or amount.

    Subsection (3) was amended, as from 14 January 1983, by section 17(1)(b) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words , after the making of any amendment or reduction under section 294FA of this Act,.

    Subsection (5)(c) was amended, as from 14 January 1983, by section 20(4) Local Government Amendment Act (No 2) 1982 (1982 No 166) by inserting the words or payment.

    Subsection (9) was substituted, as from 14 January 1983, by section 17(2) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Subsections (10) and (11) were inserted, as from 23 October 1981, by section 11 National Development Amendment Act 1981 (1981 No 130) and repealed, as from 17 December 1986, by section 2(1)(g) National Development Act Repeal Act 1986 (1986 No 122).

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294B Application of other sections to developments
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294C Variation of development plan or conditions imposed
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294D Reserves contributions or development levy where development varied
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).

    Subsection (2)(a) and (b) was amended, as from 14 January 1983, by section 16(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the expression section 293(3) for the expression section 293(5).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294E Redetermination of assessed value
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).

    Subsections (2) and (4) were amended, as from 14 January 1983, by section 16(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the expression section 293(3) for the expression section 293(5).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294F Determination of actual capital value of development
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).

    Subsection (1) was substituted, as from 14 January 1983, by section 18 Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294FA Amendment of development levy when development completed
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was inserted, as from 14 January 1983, by section 19 Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294G Calculation of reserves contributions and development levy when development completed
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43)

    Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294H Application of development levies fixed by united council or regional council
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 294A to 294H, except section 294FA, were inserted, as from 1 January 1981, by section 12(1) Local Government Amendment Act 1981 (1981 No 13).

    Subsections (1A) to (1C) were inserted, as from 14 January 1983, by section 20(1) Local Government Amendment Act (No 2) 1982 (1982 No 166).

    Subsection (2) was amended, as from 14 January 1983, by section 20(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the words payable to the territorial authority in whose district the development is situated for the words assessed on the first $50 million of the value of the development shall be paid to the territorial authority within whose district the development is to be constructed and.

    Subsection (3) was amended, as from 14 January 1983, by section 20(3) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the words that is not payable to a territorial authority under subsection (1C) of this section for the words on the value of the development in excess of $50 million.

    Subsection (3)(d) was amended, as from 30 March 1985, by section 27 Local Government Amendment Act 1985 by inserting the expression XXXII.

    Subsection (3)(d) was amended, as from 1 November 1989, by section 30(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression XVIA for the expression XV.

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294I Owner to contribute to certain regional works
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was inserted, as from 1 January 1981, by section 13 Local Government Amendment Act 1981 (1981 No 13).

    Subsection (1) was amended, as from 14 January 1983, by section 16(2) Local Government Amendment Act (No 2) 1982 (1982 No 166) by substituting the expression section 293(3) for the expression section 293(5).

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

295 Provision for parking
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was substituted, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Subsection (2) was amended, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the word site for the the word allotment.

    Subsection (3) was amended, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the word sites for the the word allotments.

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

296 Variation or revocation of scheme plan or conditions imposed
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

297 Refund of money if scheme plan revoked or lapses
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

297A Refund of money and return of land where development does not proceed
  • [Repealed]

    This section was inserted, as from 1 January 1981, by section 14 Local Government Amendment Act 1981 (1981 No 13), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

298 Valuation of land or of work done
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

299 Objections to council's decisions
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 1 January 1981, by section 15(1)(a) Local Government Amendment Act 1981 (1981 No 13) by inserting the expression 271A.

    Subsection (1) was further amended, as from 1 January 1981, by section 15(1)(b) Local Government Amendment Act 1981 (1981 No 13) by substituting the expression 293 to 297A for the numbers 294, 295, 296.

    Subsection (8) was inserted, as from 1 January 1981, by section 15(2) Local Government Amendment Act 1981 (1981 No 13).

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

300 Appeals to Planning Tribunal
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 1 January 1981, by section 16 Local Government Amendment Act 1981 (1981 No 13) by inserting the words or the united council or regional council.

    Subsection (1)(b) was substituted, as from 30 March 1985, by section 28(1) Local Government Amendment Act 1985 (1985 No 60).

    Subsection (1)(c) was substituted, as from 1 April 1988, by section 14 Local Government Amendment Act 1988 (1988 No 71).

    Subsections (1)(d), (2)(b) and (2)(c) were amended, as from 1 April 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by omitting the words of the council.

    Paragraph (2)(a) was amended, as from 30 March 1985, by section 28(2) Local Government Amendment Act 1985 (1985 No 60), by omitting the words of the council.

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

301 Appeal against determination of valuer
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was substituted, as from 1 January 1981, by section 17 Local Government Amendment Act 1981 (1981 No 13).

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

302 Work may be begin pending decision on objection or appeal
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

303 Completion certificate
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

304 Bonds
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was substituted, as from 19 January 1981, by section 33(1) Local Government Amendment Act 1980 (1980 No 82).

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

305 Survey plan may be submitted to council for approval
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

306 Survey plan to be deposited
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1)(g) was substituted, as from 18 May 1982, by section 2(1) Local Government Amendment Act 1982 (1982 No 3).

    Subsection (3)(d) was amended, as from 14 January 1983, by section 28(1) Local Government Amendment Act (No 2) 1982 (1982 No 166) by omitting the words in the County of Fiord or.

    Subsection (4) was amended, as from 14 January 1983, by section 28(1) Local Government Amendment Act (No 2) 1982 (1982 No 166) by omitting the words land in the County of Fiord or.

    Subsection (7)(b) was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

    Subsection (7)(b)(ii) was amended, as from 1 February 1990, by section 9(2) Survey Amendment Act (No 3) 1989 by substituting the reference to the Commissioner of Crown Lands for the reference to the Director-General of Lands.

    The words Commissioner of Crown Lands were substituted for the words Director-General of Lands, as from 1 February 1990, pursuant to section 9(2) Survey Amendment Act (No 3) 1989 (1989 No 139).

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

306A Vesting of land in council in respect of a development
  • [Repealed]

    This section was inserted, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

307 Agreement to sell land or building before deposit of plan
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

308 Plan approved subject to amalgamation or transfer of allotments
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 20 November 1981, by section 12(3) Local Government Amendment Act (No 2) 1981 (1981 No 111) by inserting the words or paragraph (da).

    Subsection (3)(a) was substituted, as from 19 January 1981, by section 35(1) Local Government Amendment Act 1980 (1980 No 82).

    Subsection (5) was amended, as from 19 January 1981, by section 35(1) Local Government Amendment Act 1980 (1980 No 82) by substituting the words because of the provisions of subsection (3) or for the words owing to the provisions of.

    Subsection (9) was amended, as from 13 January 1984, by section 15(a) Local Government Amendment Act 1983 (1983 No 132) by omitting the expression subsection (4) of.

    Subsection (9) was further amended, as from 13 January 1984, by section 15(b) Local Government Amendment Act 1983 (1983 No 132) by substituting the word agreement for the word certificate.

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

309 Plan approved subject to grant or reservation of easements
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

310 Contravention not to affect title to land
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

311 Offences
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

312 Savings as to previous approvals
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979 (though see next note), by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsections (2) and (5) were deemed to have come into force on 1 June 1978: see section 1(3) Local Government Amendment Act 1978 (1978 No 43).

    Subsection (2) was amended, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), by inserting the words he is satisfied, after due inquiry, that.

    Subsection (2)(f) was substituted, as from 18 May 1982, by section 3(1) Local Government Amendment Act 1982 (1982 No 3).

    Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

313 Code of urban subdivision
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

314 Registration of company leases and cross leases
  • [Repealed]

    Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 314 was substituted, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59).

    Section 314 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

Part 21
Roads (other than regional roads), service lanes, and access ways

  • Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

315 Interpretation
  • (1) In this Part of this Act, unless the context otherwise requires,—

    Access way means any passage way, laid out or constructed by the authority of the council or the Minister of Works and Development or, on or after the 1st day of April 1988, the Minister of Lands for the purposes of providing the public with a convenient route for pedestrians from any road, service lane, or reserve to another, or to any public place or to any railway station, or from one public place to another public place, or from one part of any road, service lane, or reserve to another part of that same road, service lane, or reserve

    Access way: this definition was amended, as from 1 April 1988, by section 15(a) Local Government Amendment Act 1988 (1988 No 71) by inserting the words or, on or after the 1st day of April 1988, the Minister of Lands.

    Council means a territorial authority; and, in relation to land that does not form part of any district means the Minister of Local Government

    Council: this definition was amended, as from 1 April 1988, by section 15(b) Local Government Amendment Act 1988 (1988 No 71) by substituting the words Minister of Local Government for the words Minister of Works and Development.

    District means the district of a territorial authority; and, in relation to land in respect of which the Minister of Local Government is the council, means that land

    District: this definition was amended, as from 1 April 1988, by section 15(c) Local Government Amendment Act 1988 (1988 No 71) by substituting the words Minister of Local Government for the words Minister of Works and Development.

    Footpath means so much of any road as is laid out or constructed by authority of the council primarily for pedestrians; and includes the edging, kerbing, and channelling thereof

    Private road means any roadway, place, or arcade laid out or formed within a district on private land, whether before or after the commencement of this Part of this Act, by the owner thereof, but intended for the use of the public generally

    Private road: this definition was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the words or formed.

    Private way means any way or passage whatsoever over private land within a district, the right to use which is confined or intended to be confined to certain persons or classes of persons, and which is not thrown open or intended to be open to the use of the public generally; and includes any such way or passage as aforesaid which at the commencement of this Part of this Act exists within any district

    Regional council

    [Repealed]

    Regional council: this definition was repealed, as from 1 July 1992, by section 34 Local Government Amendment Act 1992 (1992 No 42).

    Road means the whole of any land which is within a district, and which—

    • (a) Immediately before the commencement of this Part of this Act was a road or street or public highway; or

    • (b) Immediately before the inclusion of any area in the district was a public highway within that area; or

    • (c) Is laid out by the council as a road or street after the commencement of this Part of this Act; or

    • (d) Is vested in the council for the purpose of a road as shown on a deposited survey plan; or

    • (e) Is vested in the council as a road or street pursuant to any other enactment;—

    and includes—

    • (f) Except where elsewhere provided in this Part of this Act, any access way or service lane which before the commencement of this Part of this Act was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part of this Act or is declared by the Minister of Lands as an access way or service lane on or after the 1st day of April 1988:

    • (g) Every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—

    but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989

    Scheme plan

    [Repealed]

    Scheme plan: this definition was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Service lane means any lane laid out or constructed either by the authority of the council or the Minister of Works and Development or, on or after the 1st day of April 1988, the Minister of Lands for the purpose of providing the public with a side or rear access for vehicular traffic to any land

    Service lane: this definition was amended, as from 1 April 1988, by section 15(e) Local Government Amendment Act 1988 (1988 No 71) by inserting the words or, on or after the 1st day of April 1988, the Minister of Lands.

    Survey plan has the same meaning as in the Resource Management Act 1991.

    Survey plan: this definition was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    (2) [Repealed]

    (3) Nothing in this Part of this Act shall be construed as imposing any obligation on the council in relation to any private road or private way.

    (4) Every accretion to any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake caused by the action of the river or stream or of the sea or lake shall form part of the road.

    (5) Where any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake is eroded by the action of the river or stream or of the sea or lake, the portion of road so eroded shall continue to be a road.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 315(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Road: paragraph (f) of this definition was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words or is laid out or constructed by or vested in any council as an access way or service lane. It was further amended, as from 1 April 1988, by section 15(d) Local Government Amendment Act 1988 (1988 No 71) by inserting the words or is declared by the Minister of Lands as an access way or service lane on or after the 1st day of April 1988.

    Road: paragraph (g) of this definition was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression Public Works Act 1981 for the expression Public Works Amendment Act 1947.

    Subsection (2) was repealed, as from 1 April 1980 by section 9(1) Local Government Amendment Act 1979 (1979 No 59).

316 Property in roads
  • (1) Subject to section 318 of this Act, all roads and the soil thereof, and all materials of which they are composed, shall by force of this section vest in fee simple in the council of the district in which they are situated. There shall also vest in the council all materials placed or laid on any road in order to be used for the purposes thereof.

    (2) At the request of the New Zealand Transport Agency, a council may accept or relinquish its property, or any part of its property, in a State highway.

    (3) If a council acts under subsection (2),—

    • (a) the property in the State highway vests in the council or in the Crown (as the case may be) without any instrument of transfer; and

    • (b) on presentation of an authenticated copy of the relevant resolution, the Registrar-General of Land must alter the register accordingly.

    (4) In this section the term road does not include—

    • (a) Any Government road:

    • (b) Any State highway or part of a State highway situated in a county or in that part of the district of a district council which before the constitution of the district was or formed part of a county:

    • (c) Any road in respect of which the Minister of Local Government is the council:

    • (d) Any regional road or part thereof (as defined in Part 22 of this Act) which is vested in the regional or united council.

    Compare: 1954 No 76 s 170(1); 1956 No 64 s 191A(1); 1972 No 132 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsections (2) and (3) were substituted, as from 7 July 2004, by section 4 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

    Section 316(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Subsection (2) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Subsection (4)(c) was amended, as from 23 July 1988, by section 11 Local Government Amendment Act (No 3) 1988 (1988 No 109) by substituting the words Minister of Local Government for the words Minister of Works and Development.

317 Control of roads
  • (1) Subject to section 318 of this Act, all roads in the district shall be under the control of the council:

    Provided that—

    • (a) A State highway or part thereof shall be under the control of the council only where the New Zealand Transport Agency has, under section 62 of the Government Roading Powers Act 1989, delegated that control to the council:

    • (b) A Government road shall be under the control of the Minister of Transport:

    • (c) [Repealed]

    (2) Any powers conferred on the council by this Part of this Act may be exercised—

    • (a) In relation to any State highway or part thereof, only if that State highway or part is under the control of the council or the exercise of that power by the council has been consented to by the New Zealand Transport Agency:

    • (b) [Repealed]

    Compare: 1954 No 76 s 170(2); 1956 No 64 s 191A(2); 1972 No 132 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 317(1) proviso paragraph (a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Subsection (1)(a) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board, and by substituting the words section 62 of the Transit New Zealand Act 1989 for the words section 13 of the National Roads Act 1953.

    Subsection (1) proviso (b) was amended, as from 1 April 1988, by section 16 Local Government Amendment Act 1988 (1988 No 71) by substituting the words Minister of Transport for the words Minister of Works and Development.

    Subsection (1) proviso, paragraph (c), was repealed, as from 1 July 1992, by section 35 Local Government Amendment Act 1992 (1992 No 42).

    Section 317(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Subsection (2)(a) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Subsection (2)(b) was repealed, as from 1 July 1992, by section 35 Local Government Amendment Act 1992 (1992 No 42).

318 Control and maintenance of boundary roads
  • (1) Where a final reorganisation scheme under Part 1 of this Act contains provision whereby any road forms the boundary of 2 or more districts, whether that road is wholly within one or is partly within one and is partly within another of those districts, the Commission, if so requested by any territorial authority affected by the scheme, may determine—

    • (a) In which council or councils the road shall vest; and

    • (b) Which council or councils shall control the road; and

    • (c) Whether any other council shall contribute to the cost of the construction, maintenance, lighting, widening, reconstruction, or upgrading of that road, and if so, in what proportions.

    (2) Where the Commission determines, pursuant to subsection (1)(c) of this section that any council is liable to pay any proportion of the cost of construction, maintenance, lighting, widening, or reconstruction, or upgrading of a road, the amount of that proportion shall be recoverable from that council in any Court of competent jurisdiction as a debt due to the council having control of the road.

    (3) On the commencement of this Part of this Act, all warrants made under section 120 of the Public Works Act 1928 before the commencement of this Part of this Act shall remain in force until such time as they are either revoked by the Minister, by notice in the Gazette, or amended by an Order in Council made under section 36 of this Act giving effect to a final reorganisation scheme.

    Compare: 1928 No 21 s 120

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Formation, alteration, stopping, and closing of roads

319 General powers of councils in respect of roads
  • The council shall have power in respect of roads to do the following things:

    • (a) To construct, upgrade, and repair all roads with such materials and in such manner as the council thinks fit:

    • (b) [Repealed]

    • (c) To lay out new roads:

    • (d) To divert or alter the course of any road:

    • (e) To increase or diminish the width of any road subject to and in accordance with the provisions of the district plan, if any, and to this Act and any other Act:

    • (f) To determine what part of a road shall be a carriageway, and what part a footpath or cycle track only:

    • (g) To alter the level of any road or any part of any road:

    • (h) To stop or close any road or part thereof in the manner and upon the conditions set out in section 342 and Schedule 10 to this Act:

    • (i) To make and use a temporary road upon any unoccupied land while any road adjacent thereto is being constructed or repaired:

    • (j) To name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road:

    • (k) To sell the surplus spoil of roads:

    • (l) For the purpose of providing access from one road to another, or from one part of a road to another part of the same road, to construct on any road, or on land adjacent to any road, elevators, moving platforms, machinery, and overhead bridges for passengers or other traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith.

    Compare: 1954 No 76 s 170(4)(a)-(h), (j), (l)-(o); 1956 No 64 s 191A(5)(a)-(h), (j), (l)-(o); 1972 No 132 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Paragraph (a) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the word upgrade.

    Paragraph (b) was repealed, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).

    Paragraph (e) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words district plan for the words district scheme.

319A Naming of roads
  • If the council names any road for the first time, or alters the name of a road, the council must as soon as practicable send a copy of the relevant resolution to the Registrar-General of Land and the Surveyor-General.

    Section 319A was inserted, as from 19 January 1981, by section 37 Local Government Amendment Act 1980 (1980 No 82).

    Section 319A was substituted, as from 7 July 2004, by section 5 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

319B Allocation of property numbers
  • (1) For electoral, postal, and other purposes the council may allocate a number to any area of land or building or part of a building within its district and may change the number allocated to any such area of land or building.

    (2) The council shall comply with any request from a Chief Surveyor to allocate a number to or change the number of any area of land or building or part of a building in its district.

    (3) The principal administrative officer shall advise the Chief Surveyor of the land district in which the land or building is situated of the numbers allocated under subsection (1) or subsection (2) of this section.

    Section 319B was inserted, as from 30 March 1985, by section 29 Local Government Amendment Act 1985 (1985 No 60).

320 Certain powers as to roads to be exercised by special order
  • [Repealed]

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 17 December 1982, by section 21 Local Government Amendment (No 2) Act 1982 (1982 No 166) by substituting the words lay out for the word form.

    Subsection (2)(b) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words approved by the Council under Part 10 of the Resource Management Act 1991 for the words approved by the council under Part 20 of this Act.

    Section 320 was repealed, as from 7 July 2004, by section 6 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

321 Road access
  • [Repealed]

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words within land to be subdivided pursuant to the Resource Management Act 1991 for the words on a scheme plan.

    Subsection (2)(e)(i) was amended, as from 28 November 1991, by section 2(2) Local Government Amendment Act (No 3) 1991 (1991 No 115) by substituting the words grant a subdivision consent for the words approve the scheme plan.

    Subsection (3)(c) was amended, as from 28 November 1991, by section 2(1) Local Government Amendment Act (No 3) 1991 (1991 No 115) by substituting the words section 220(1)(b)(iv) of the Resource Management Act 1991 or the equivalent provisions of any former enactment for the words section 279(2)(e) of this Act.

    Subsection (3)(ca) was inserted, as from 28 November 1991, by section 2(3) Local Government Amendment Act (No 3) 1991 (1991 No 115).

    Subsection (3)(ca)(iii) was inserted, as from 7 July 1993, by section 226(5) Resource Management Amendment Act 1993 (1993 No 65).

    Section 321 was repealed, as from 1 August 2003, by section 98(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

321A Roading contributions as condition of approval of scheme plan
  • [Repealed]

    Section 321A was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 321A was substituted, as from 30 March 1985, by section 30(1) Local Government Amendment Act 1985.

    Section 321A was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

322 Land for road formation or widening
  • [Repealed]

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    In subsection (1) the words or further or other provision were omitted, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985.

    In subsection (2) the words or upgrading were substituted, as from 30 March 1985, for the words extending, or widening by section 39(1) Local Government Amendment Act 1985.

    Section 322 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

323 Unformed roads in the district
  • (1) Where the land comprising any unformed road existing at the commencement of this Part of this Act was immediately before the commencement of this Part of this Act vested in the Corporation of the district by section 191A(1) of the Counties Act 1956, the Minister of Lands may, by notice in writing to the council given at any time while the land, or, as the case may be, the part thereof specified in the notice, continues to be an unformed road, require the council to transfer that land or that specified part thereof to the Crown without consideration, and the council shall transfer it to the Crown accordingly.

    (2) On the publication in the Gazette of a notice by the Minister of Lands declaring that any land or part thereof referred to in subsection (1) of this section has been transferred to the Crown pursuant to this section, the land transferred shall cease to be a road and shall be deemed to be Crown land subject to the Land Act 1948.

    Compare: 1956 No 64 s 191B: 1972 No 132 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

324 Council may contribute to cost of formation, maintenance, etc, of roads outside the district
  • (1) The council may from time to time contribute from the general revenues of the district towards the funds of the council of any adjoining district for the purpose of the formation, maintenance, repair, widening, or upgrading of any road which is outside the limits of the district but in the opinion of the council is in great measure used by the residents thereof.

    (2) Any regional or united council may from time to time contribute towards the funds of any constituent authority for the purpose of the formation, maintenance, repair, widening, or upgrading of any road (whether a regional road or not) within the district of that constituent authority.

    Compare: 1954 No 76 s 171; 1956 No 64 s 193

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsections (1) and (2) were amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word upgrading for the words otherwise improving.

324A Power to carry out works on Maori roadway
  • (1) The council may from time to time—

    • (a) Maintain, repair, or improve any roadway laid out in the district in accordance with Part 14 of Te Ture Whenua Maori Act 1993; or

    • (b) Contribute towards the cost of maintaining, repairing, widening, or improving any roadway of the kind described in paragraph (a) of this subsection.

    (2) The council shall, before exercising in respect of any roadway, any of the powers conferred on it by subsection (1) of this section, obtain the written consent of—

    • (a) The owners of the land comprising that roadway; and

    • (b) The owners of the land adjoining that roadway if those owners are not the owners of the land comprising the roadway.

    (3) In any case where the owners of land comprising or adjoining a roadway laid out pursuant to Part 14 of Te Ture Whenua Maori Act 1993 are or are believed to be Maori and their whereabouts are unknown, consent under subsection (2) of this section may be obtained by applying to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 10 of Te Ture Whenua Maori Act 1993.

    (4) The Maori Land Court shall deal with any application made pursuant to subsection (3) of this section as if a notice under an enactment had been issued to the owners.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was inserted, as from 6 June 1989, by section 31 Local Government Amendment Act (No 2) 1989 (1989 No 29).

    Section 324A(1)(a): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

    Section 324A(3): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

325 Road widths
  • [Expired]

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words section 684 (13) of this Act for the words section 386 (12) of the Municipal Corporations Act 1954 or, as the case may be, section 401 (13) of the Counties Act 1956.

    Subsection (3) was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69). That subsection provided that this section should expire as from 1 January 1993.

326 Betterment arising from creation or widening of a road
  • (1) Notwithstanding anything in section 62(1)(f) of the Public Works Act 1981 or in any other Act, where—

    • (a) The council—

      • (i) Forms a new road in the district; or

      • (ii) Widens any existing road or part thereof in the district; and

    • (b) For that purpose the council takes or purchases or otherwise acquires any part of any land and the other part of that land will have access or frontage to that road; and

    • (c) By reason of the formation or widening of the road the value of the remaining part of the land of the owner whose land was taken or purchased or acquired is increased by an amount that exceeds the amount of compensation payable to him, in accordance with the Public Works Act 1981, in respect of his land so taken or purchased or acquired,—

    the owner shall pay the amount of that excess to the council by way of betterment to the remaining part of his land.

    (2) Where an existing road is widened and land from only one side of the road is taken or purchased or otherwise acquired for that purpose, every owner of land with a frontage to the other side of the road shall, if so required by the council, pay to the council on account of betterment such sum of money as represents the increased value thereby given, or likely to be given, to his land. Where only part or parts of a road are widened, only those owners of land with frontages directly opposite the part or parts being widened may be required to pay betterment pursuant to this subsection.

    (3) Any claim for payment of betterment under subsection (1) or subsection (2) of this section shall be made within one year from the execution of the work out of which it arose, and shall be made in form 1 in Schedule 12 to this Act. The amount to be paid to the council shall be ascertained in the manner provided by the Public Works Act 1981, or in a manner as near thereto as in the opinion of the Land Valuation Tribunal the circumstances of each claim will admit.

    (4) Any or all claims arising out of the widening of any road or part thereof may, with the consent in writing of all parties, be heard and determined together, and the Land Valuation Tribunal shall have power, on the application of any party, to order that all or any claims under this section in respect of land in which several persons have interest shall be heard and determined together and to apportion the amount awarded on account of betterment and the costs of proceedings against the several persons, in such proportions and in such manner as it thinks fit.

    (5) Any person liable may, if he so desires, pay the amount awarded to be payable by him, with interest at a rate per annum as fixed by the council, by equal half-yearly instalments extending over a period of 20 years or less, in which case he shall—

    • (a) Within 14 days after the date of the award, give notice in writing to the principal administrative officer of the council of the period over which he intends to extend payment; and

    • (b) Within one month after the date of the award, execute and deliver to the principal administrative officer a memorandum of charge, in form 2 in Schedule 12 to this Act, upon the estate or interest forming the subject of the charge against him, and pay the costs of the preparation and completion of that memorandum;—

    and thereupon the respondent shall have the right to pay that amount by instalments as set forth in the notice and memorandum of charge as aforesaid.

    (6) [Repealed]

    (7) The memorandum of charge shall, when registered, bind the property therein described, and operate as a first charge upon the estate or interest therein of the respondent, and rank in priority to all estates, encumbrances, and interests created by him or any of his predecessors in title.

    (8) Any such charge may be registered without fee in the Land Registry Office or in the Deeds Register Office of the land registration district wherein the land affected thereby is situate.

    (9) Notwithstanding anything to the contrary in any such charge, the council shall accept payment of the whole of the unpaid instalments secured by any such memorandum of charge at any time when the same is tendered, and for the purpose of any such tender interest shall be calculated and paid up to and including the day of tender.

    (10) A receipt expressed to be in full for all money secured by any such memorandum, signed by the principal administrative officer and endorsed on the memorandum, shall vacate the charge.

    (11) Money received by the council under this section as betterment shall be credited against the cost of the formation or widening of the road or part thereof which includes the acquisition of the land required for the work and the formation, sealing, kerbing, and channelling. Where the money received is more than sufficient to meet the cost of the work, the amount of the excess shall be applied in respect of the widening or formation of any other road within the district.

    (12) In this section the term road does not include an access way.

    Compare: 1954 No 76 s 192; 1956 No 64 s 191H; 1968 No 123 s 17(1), (2)(a); 1971 No 62 s 21; 1972 No 132 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsections (1) and (1)(c) and (3) were amended, as from 1 February 1982, by substituting the Public Works Act 1981 for the Public Works Amendment Act 1947.

    Subsection (1)(b) was amended, as from 19 January 1981, by section 38 Local Government Amendment Act 1980 (1980 No 82) by inserting the words part of any land and the other part of that land for the words land that.

    Subsection (1)(c) was amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word formation for the word creation.

    Subsection (6) was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

    Subsection (11) was amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word formation for the word creation.

327 Building-line restrictions
  • [Repealed]

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 327 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

327A Building-line restrictions
  • Where a building-line restriction has been imposed under this Act or any former enactment, and the council subsequently determines that the building-line restriction be cancelled, the council shall send notice of cancellation to the District Land Registrar or Registrar of Deeds, as the case may require, who shall amend his or her records accordingly.

    Section 327A was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

328 Building-line restrictions provided in district scheme
  • [Repealed]

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 328 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69)

329 Road gradients
  • (1) No road shall be laid out or constructed by the council, and no road or proposed road on any scheme plan shall be approved by the council, with a grade in any part of its length steeper than—

    • (a) That fixed by any operative district plan for the district; or

    • (b) Where there is no such district scheme or no such grade is specified in any such district scheme, that fixed by any bylaw or resolution of the council; or

    • (c) One metre in 8 metres, in any case where that grade is not fixed by any such district plan or by any bylaw or resolution of the council.

    (2) In this section the term road does not include an access way.

    Compare: 1954 No 76 s 170(3); 1956 No 64 s 191A(4); 1972 No 132 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    The words district plan, in paragraph (a), were substituted for the words district scheme, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69), which substituted a definition of the first term for a definition of the latter.

    Subsection (1)(b) was amended, as from 7 July 2004, by section 7(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words resolution of for the words special order made by.

    The words district plan, in paragraph (c), were substituted for the words district scheme, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69), which substituted a definition of the first term for a definition of the latter.

    Subsection (1)(c) was amended, as from 7 July 2004, by section 7(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words resolution of the council for the words special order.

330 Road levels
  • (1) The council may, if it thinks fit, make a map of the district or any specified portion thereof showing all roads therein with the levels thereof. Any map so made may be amended from time to time, and shall be open for public inspection at all reasonable hours at the office of the council.

    (2) All buildings erected in any part of the district for which a map has been made as aforesaid, shall be constructed with proper regard to the levels shown on the map.

    (3) Any person who erects any building abutting on a road without regard to the level of the road shall be liable to pay to the council any expenses incurred by the council in altering the level of the road adjacent to the building.

    (4) The council may at any time, either before or after the making of any such map, fix the level of any road, subject to the conditions set out in Schedule 13 to this Act:

    Provided that where no building or land appurtenant thereto fronts upon any road the conditions numbered (1) to (5) in that Schedule need not apply.

    (5) Where a road crosses the boundary of a district or meets another road on such a boundary, the level of the road at the point of crossing or meeting shall not be altered without the agreement of both councils controlling the respective roads.

    (6) It shall be lawful for the council to throw the batter or make the slope of any road (not being a private road) upon any land, subject to the payment of compensation, to be claimed and ascertained under the Public Works Act 1981.

    (7) No compensation shall be payable by the council in respect of an alteration in the level of any road, unless the alteration has been made after that level has been fixed under this Act or the corresponding provisions of any former Act, or after the road has been constructed in some permanent manner by any local authority having the power to do so.

    (8) In this section, unless the context otherwise requires, the term road includes a private road, but does not include an access way.

    Compare: 1954 No 76 s 170(3); 1956 No 64 s 191A(4); 1972 No 132 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

331 Footpaths and channels
  • (1)  the council may, in such manner as it thinks fit, form or upgrade footpaths on one side or both sides of any road, and may construct those footpaths of such dimensions and of such materials and in such manner as it thinks fit, and may impose a charge not exceeding half the cost of those works upon the owners of lands and buildings fronting the road. The amount so imposed shall be payable to the council and until paid shall be in every case a charge on the land.

    (2) In forming or reforming any road or part thereof (not being a road in a rural area), the council shall ensure that reasonable and adequate provision is made for the kerb and channel of any footpath or part thereof to be formed or reformed so as to permit safe and easy passage from kerb to kerb of any mechanical conveyance normally and lawfully used by a disabled person:

    Provided that the New Zealand Transport Agency may at any time exempt in whole or in part the forming or reforming of any road or part thereof from any requirements of this subsection, if, having regard to all the circumstances, the New Zealand Transport Agency considers that it is reasonable to grant the exemption.

    Compare: 1954 No 76 s 178; 1956 No 64 s 198(1), (3); 1972 No 132 s 3; 1975 No 122 s 24

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the words or upgrade for the words and construct or make permanent improvements of.

    Subsection (1) was further amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by omitting the words Without limiting the generality of its powers in relation to any scheme plan,.

    Subsection (2) was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word Safety. See sections 20 to 22 of that Act as to the savings and transitional provisions.

    Section 331(2) proviso: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    The proviso to subsection (2) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words Director of Land Transport Safety for the words Director-General of Social Welfare.

332 Cycle tracks
  • (1) The council may on any road, or on any land vested in or under the control of the council, form a public cycle track, and may make bylaws under section 684 of this Act regulating and controlling the use of that cycle track.

    (2) For the purpose of constructing any cycle track, the council may take, purchase, or otherwise acquire land in accordance with the provisions of this Act.

    (3) In this section the term road does not include an access way.

    Compare: 1948 No 39 s 23; 1954 No 76 s 176(1); 1956 No 64 s 197

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words section 684 of this Act for the words section 386 of the Municipal Corporations Act 1954 or, as the case may be section 401 of the Counties Act 1956.

333 Dividing strips, etc
  • (1) The council may on any road construct, erect, or grow thereon or remove therefrom such barriers, dividing strips, guiding or sign posts, pillars or other markers, trees, hedges, lawns, gardens, and other devices as are, in the opinion of the council, necessary for separating, guiding, or warning traffic, intercepting glare, or for any other purpose.

    (2) The council may on any road construct for road safety purposes, and alter or remove therefrom, any segregation strip for the purpose of segregating from the roadway any land having a frontage to the road:

    Provided that no such segregation strip shall be constructed or altered so as to unreasonably prevent access to any land having a frontage to the road:

    Provided also that for the purposes of this Act and of any other Act, any land having a frontage to the road before the construction of a segregation strip shall be deemed to continue to have that frontage, notwithstanding the existence of the segregation strip.

    Compare: 1948 No 39 s 22

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

334 Erection of monuments, etc, and provision of facilities on or under roads
  • (1) The council may—

    • (a) Construct and enclose any part of a road as a pedestrian safety area:

    • (b) Lay out or plant grass plots or flower beds or trees on any road, and prohibit traffic, in whole or in part, on any such plots and flower beds laid out in roads (whether laid out before or after the commencement of this Part of this Act) by or under the authority of the council:

    • (c) Erect on any road a monument, statue, or other such erection:

    • (d) Construct or provide on, over, or under any road facilities for the safety, health, or convenience of the public, or for the control of traffic or the enforcement of traffic laws:

    Provided that no such construction, erection, laying out, or planting shall be carried out, unless in the opinion of the council the construction, erection, laying out, or planting will not unduly impede vehicular traffic entering or using the road (not being a road or part of a road that has been declared a pedestrian mall under section 336).

    (2) For the purposes of any resolution or bylaw of the council, anything constructed or provided under the authority of the council shall be deemed to be sufficiently described if the road in which it is constructed or provided and its approximate locality in that road are specified in the bylaw or resolution.

    Compare: 1954 No 76 s 170(4)(k), (6); 1956 No 64 s 191A(5)(k), (7); 1972 No 132 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 7 July 2004, by section 8 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words that has been declared a pedestrian mall under section 336 for the words to which a special order under section 336 of this Act for the time being applies.

334A Council may light roads, etc
  • (1) A council may do all things necessary to light with any form of energy roads, private roads, public places, and (with the consent of the owner) private ways in the district.

    (2) In the exercise of the powers conferred by subsection (1) of this section, the council may—

    • (a) Acquire or construct or reconstruct, purchase, extend, enlarge, and maintain all buildings, machinery, works, and plant necessary to light roads, private roads, public places, and (with the consent of the owner) private ways in the district:

    • (b) Contract for a supply of energy on such terms and conditions as it thinks fit:

    • (c) Erect poles with all requisite fittings thereto in the roads, private roads, public places, and (with the consent of the owner) private ways in the district, subject, in the case of roads, private roads, and public places not under the control of the council, to Schedule 14 to this Act:

    • (d) Lay cables and pipes under or over the roads, private roads, public places, and private ways in the district, subject in the case of roads, private roads, and public places not under the control of the council, and in the case of private ways, to Schedule 14 to this Act:

    • (e) Alter any drains or water pipes thereunder in such manner as may be necessary, but not so as to injuriously affect the same:

    • (f) Do all things necessary to keep works and everything appertaining to the lighting of roads, private roads, public places, and (with the consent of the owner) private ways in the district in good repair.

    (3) A council may—

    • (a) Contract with any other body or person to light the roads, private roads, public places, and (with the consent of the owner) private ways within the district with any form of energy; and

    • (b) In that contract, authorise the body or person acting under the contract to exercise all or any of the powers conferred upon the council by this section, so far as this section is applicable to the construction and maintenance of the works necessary for effecting that lighting.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was inserted, as from 7 October 1994, by section 89(1) Energy Companies Act 1992 (1992 No 56).

335 Vehicle crossings
  • (1) Where vehicles are being taken or, in the opinion of the council, are likely to be taken, on to or from any land across any footpath on any road or any water channel on or adjoining any road otherwise than by means of a crossing properly constructed under the provisions of any bylaw made by the council, the principal administrative officer or other officer authorised by the council may, by notice in writing, require the occupier or, in any case where there is no occupier, the owner of the land to pay to the council such sum of money as the council from time to time fixes as payment for the cost of the construction of a crossing by the council.

    (2) Within 28 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the requirements of the notice, and the notice shall thereupon be deemed to be suspended pending the determination of the objection or, where application is made to the Court to confirm the notice, pending the decision of the Court.

    (3) Where any such objection is received by the council, the council shall forthwith inquire into and dispose of the objection.

    (4) Where on inquiry into the objection the council reaffirms its requirements, the council shall apply to a District Court for an order confirming the notice.

    (5) On the hearing of the application, the Court, whose decision shall be final, may—

    • (a) Confirm the notice; or

    • (b) Confirm the notice subject to a reduction in the sum payable to the council by the occupier or owner, as the case may be; or

    • (c) Set aside the notice.

    (6) Where—

    • (a) In any case in which no such objection is made, the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice within 42 days after the service of the notice; or

    • (b) In any case in which objection is made, the notice is confirmed by the Court (whether with or without any reduction in the sum payable to the council), and the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice, or, as the case may be, the sum specified in the order of the Court, within 14 days after the giving of the decision of the Court,—

    the council may construct the crossing and recover the cost from him.

    (7) The said cost shall be recoverable by the council as a debt from the occupier or owner, as the case may be, and, where it is recoverable from the owner, shall be a charge on the land.

    (8) Where any sum of money is paid to the council by any occupier or owner pursuant to this section, the council shall refund that sum to the occupier or owner if the crossing is not completed by the council within 6 months after the date of the payment.

    (9) Where the council is satisfied that any crossing on to any land is redundant or is in excess of the reasonable requirements of the occupier, or, where there is no occupier, the owner, the principal administrative officer or other officer authorised by the council may serve notice upon the occupier or owner, as the case may be, of its intention to remove the crossing at the expense of the council.

    (10) In this section the term road does not include an access way.

    Compare: 1954 No 76 s 178A; 1956 No 64 s 199C; 1964 No 119 s 12; 1971 No 62 s 18; 1972 No 132 s 5

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    The words District Court referred to in subsection (4) were substituted for the words Magistrate's Court, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

336 Pedestrian malls
  • (1) A council may, by using the special consultative procedure,—

    • (a) declare a specified road or part of a specified road to be a pedestrian mall; and

    • (b) prohibit or restrict the driving, riding, or parking of any vehicle, or the riding of any animal, on all or any portion of the pedestrian mall either—

      • (i) generally; or

      • (ii) during particular hours.

    (2) A declaration—

    • (a) may include exemptions and conditions; and

    • (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) For the purposes of subsection (1), the public notice required by section 83(1)(e) of the Local Government Act 2002 must explain the right of appeal under subsection (3).

    (10) In this section,—

    parking means the stopping or standing of a vehicle for any period

    road does not include an access way

    vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    The proviso to subsection (1) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Subsection (8) was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Subsection (8) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words and the appeal shall be made and determined by that Tribunal in the manner prescribed by the Resource Management Act 1991 and any regulations made under that Act for the words and the appeal shall be made and determined by that Tribunal in the manner prescribed by the Town and Country Planning Act 1977 and the regulations under that Act.

    The words Environment Court in subsection (8) were substituted, as from 2 September 1996, for the words Planning Tribunal pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

    The words Environment Court in subsections (8), (9) and (11) were substituted, as from 2 September 1996, for the word Tribunal pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

    The words Environment Court in subsections (9) and (11) were substituted, as from 2 September 1996, for the words Planning Tribunal pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

    The words district plan in subsection (10) were substituted for the words district scheme, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69), which substituted a definition of the first term for a definition of the latter.

    Subsection (14) Parking: amended, as from 13 January 1984, by section 17 Local Government Amendment Act 1983 (1983 No 132) by omitting the words exceeding 5 minutes.

    Subsection (14) Vehicle: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110) by substituting the words the Land Transport Act 1998 for the words the Transport Act 1962.

    Section 336 was substituted, as from 7 July 2004, by section 9 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

337 Alteration of pipes and drains
  • The council may, by notice in writing, require the owner of any pipe, drain, or other apparatus of any kind on or under a road to raise, lower, or otherwise alter the same as the council directs, and if that alteration is not made within a reasonable time the council may make the same as it thinks fit; but, subject to the provisions of any other Act or to any agreement between the council and the person affected, the cost of any such alteration and any damage occasioned thereby shall be paid by and may be recovered from the council by any person affected.

    Compare: 1954 No 76 s 174; 1956 No 64 s 195

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

338 Council may grant right to lay conduit pipes along or under road
  • (1) Subject to section 357 of this Act, the council may grant to any person an easement or other right for such period not exceeding 50 years and on such terms and conditions as the council thinks fit, authorising that person to lay conduit pipes for petroleum or biofuel or for any other purpose in the district under or along any road or (with the consent of the owners) under or along any private road or private way; but no such grant shall be to the exclusion of like grants to any other person.

    (2) The grant of any such right or easement shall be subject to the payment of such rent, and to the observance of such conditions as to size, construction, repair, and maintenance of the conduit pipes, and as to repair of any road or private road or private way under or along which they are laid, as the council thinks fit.

    Compare: 1954 No 76 s 200; 1956 No 64 s 207

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 338 heading: amended, on 1 October 2008, by section 19(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Section 338(1): amended, on 1 October 2008, by section 19(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

    Subsection (1) was amended, as from 7 July 2004, by section 10 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words , pursuant to a special order,.

339 Transport shelters
  • (1) The council may erect on the footpath of any road a shelter for use by intending public-transport passengers or taxi passengers:

    Provided that no such shelter may be erected so as to unreasonably prevent access to any land having a frontage to the road.

    (2) The council shall give notice in writing of its proposal to erect any shelter under this section to the occupier and, if he is not also the owner, to the owner of any land the frontage of which is likely to be injuriously affected by the erection of the shelter, and shall not proceed with the erection of the shelter until after the expiration of the time for objecting against the proposal or, in the event of an objection, until after the objection has been determined.

    (3) Within 14 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the proposal.

    (4) Where any person objects to the proposal in accordance with subsection (3) of this section, the council shall appoint a day for considering the objection and shall give notice to the objector of the time when and place where the objection is to be heard. Any such time shall be not earlier than 7 days after the date on which the notice of objection was received at the office of the council.

    (5) The council shall, at the time and place stated in the notice referred to in subsection (4) of this section, consider the objection, and after hearing any submissions made by or on behalf of the objector, may either dismiss the objection or decide not to proceed with the proposal or make such modifications to the proposal to which the objection relates as it thinks fit. The hearing of any such objection may be adjourned from time to time and from place to place.

    (6) Where there are more objectors than one, the council shall, as far as practicable, hear all objections together and give each objector an opportunity of considering and being heard in respect of all other objections.

    (7) No resolution under this section shall be passed until the council has considered all the objections of which notice has been given in accordance with this section.

    (8) In this section the term road does not include an access way.

    Compare: 1954 No 76 s 177A; 1956 No 64 s 199A; 1959 No 91 s 16; 1971 No 63 s 20

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

340 Motor garages
  • (1) Subject to the Resource Management Act 1991, the council may grant permits for the erection of private motor garages adjacent to the line of the road or to a line intermediate between the line of the road and the building line.

    (2) Every such permit may be at any time cancelled by the council. Within one month after the date of the cancellation, or within such extended time as the council may in any case allow, the owner shall remove the garage and shall not be entitled to any compensation in respect thereof.

    (3) If the owner fails to remove the garage within the time specified, the council may remove it at his expense, and recover the cost thereof from that owner as a debt.

    (4) Every permit granted under section 132 of the Public Works Act 1928 and in force at the commencement of this Part of this Act shall continue in force after the commencement of this Part as if it had been granted under this section.

    Compare: 1928 No 12 s 132; 1948 No 39 s 28; 1953 No 91 s 52(1); 1954 No 76 s 178B; 1955 No 59 s 7; 1956 No 64 s 198F; 1961 No 131 s 41; 1964 No 119 s 13; 1972 No 96 s 3(1); 1972 No 132 s 8(1)

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words Subject to the Resource Management Act 1991, for the words Where a building-line restriction has been imposed under this Act or any other Act in relation to the whole or any part of any road, then notwithstanding anything to the contrary in this Act, but subject to the Town and Country Planning Act 1977.

    Subsection (1) was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression Public Works Act 1981 for the expression Public Works Act 1928.

341 Leases of airspace or subsoil of roads
  • (1) Subject to section 357(2) of this Act, the council may—

    • (a) Grant a lease to any person of the airspace or any part of the airspace above the surface of any road; or

    • (b) Grant a lease to any person of the subsoil or any part of the subsoil beneath the surface of any road:

    Provided that no such lease shall be granted for any purpose that would be in contravention of any provision of the Resource Management Act 1991:

    Provided also that, in exercising the powers conferred by this subsection in relation to any airspace, the council shall ensure that sufficient airspace remains above the surface of the road for the free and unobstructed passage of vehicles and pedestrians lawfully using the road.

    (2) Any improvements erected or constructed in any airspace or in any subsoil pursuant to a lease under this section shall be deemed to be rateable land for the purposes of the Local Government (Rating) Act 2002.

    (3) Nothing in this section shall be construed so as to restrict any right a council may have to permit any person to use for a temporary period any part of the surface or of the airspace above the surface of any road.

    (4) The council may grant a lease to any person under subsection (1) of this section for the purpose of the erection or construction and maintenance of a pedestrian or vehicular bridge or tunnel or subway connecting any land or building on one side of the road with any land or building on the other side upon such terms and conditions as it thinks fit.

    (5) The Public Bodies Leases Act 1969 shall not apply with respect to any lease granted under this section.

    Compare: 1954 No 76 s 170C; 1956 No 64 s 198H; 1971 No 62 s 16; 1972 No 132 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    The reference to the Rating Powers Act 1988 referred to in subsection (2) substituted, as from 29 June 1988, a reference to Rating Act 1967 by section 209 Rating Powers Act 1988 (1988 No 97).

    The first proviso to subsection (1) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words rateable land for the purposes of the Local Government (Rating) Act 2002 for the words rateable property for the purposes of the Rating Powers Act 1988. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating, in a financial year that begins on or after 1 July 2003.

341A Contribution to cost of railway, subway, or bridge
  • (1) A controlling authority or local authority, or any 2 or more of those authorities, may agree with an infrastructure owner to—

    • (a) the construction and maintenance by the infrastructure owner of a subway under, or a bridge over, a railway, or a railway bridge over a road, that is within the district of the controlling authority or local authority; and

    • (b) the payment by the controlling authority or local authority of the whole or part of the cost of that construction and maintenance.

    (2) An agreement may be entered into with respect to any existing or proposed subway or bridge.

    (3) A controlling authority or local authority that is authorised by this section to pay in whole or in part the cost of the construction of a subway, bridge, or railway bridge may agree with an infrastructure owner (and is deemed to always have had the power to agree) that—

    • (a) the payment must be made by instalments extending over a period of not more than 10 years; and

    • (b) interest at a rate agreed on (if any) must be paid on any unpaid balance of that cost.

    (4) Every controlling authority and local authority has all the powers that are reasonably necessary or expedient to enable them to carry out functions or duties conferred or imposed under section 83 of the Railways Act 2005 or this section, including (without limitation) the power to enter into agreements with an infrastructure owner to provide for the maintenance of any footbridge or pedestrian subway.

    (5) In this section, infrastructure owner has the same meaning as in section 4(1) of the Railways Act 2005.

    Compare: 1992 No 111 s 10

    Section 341A was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

342 Stopping and closing of roads
  • (1) The council may, in the manner provided in Schedule 10 to this Act,—

    • (a) Stop any road or part thereof in the district:

      Provided that the council (not being a borough council) shall not proceed to stop any road or part thereof in a rural area unless the prior consent of the Minister of Lands has been obtained; or

    • (b) Close any road to traffic or any specified type of traffic (including pedestrian traffic) on a temporary basis in accordance with that Schedule and impose or permit the imposition of charges as provided for in that Schedule.

    (2) [Repealed]

    Compare: 1954 No 76 s 170(4)(h), (i); 1956 No 64 s 191A(5)(h), (i); 1972 No 132 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1)(b) was substituted, as from 14 August 1986, by section 9(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).

    Subsection (2) was repealed, as from 14 August 1986, by section 9(2) Local Government Amendment Act (No 3) 1986 (1986 No 50).

342A Temporary closing of roads by Police
  • [Repealed]

    Section 342A: repealed, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

343 Consumption or possession of intoxicating liquor in roads closed for public function or gathering
  • [Repealed]

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was repealed, as from 14 December 1984, by section 4(1) Local Government Amendment Act 1984 (1984 No 18).

344 Gates and cattle stops across roads
  • (1) The council may, in writing, permit the erection of a swing gate or a cattle stop or both across any road, where—

    • (a) In the council's opinion it is not practicable or reasonable to fence the road; or

    • (b) By agreement the road has been taken or may be constructed through private lands and the owner or occupier requests that a gate or a cattle stop or both be erected on the outer boundary at the cost (including maintenance) of one or both parties as may be agreed.

    (2) Where a gate is erected across a road under subsection (1) of this section, a board with the words Public Road legibly painted thereon in letters of not less than 75 millimetres in height shall be fixed upon each side of the gate and at all times maintained thereon by the person authorised to erect the gate, or at whose cost it has been agreed that the gate shall be erected and maintained.

    (3) Where a gate or cattle stop across any road is considered redundant or an inconvenience, either by the council or by a petition supported by 20 or more residents of the district, the council may serve notice upon the person authorised to erect the gate or cattle stop of the council's intention to remove it.

    (4) Within 14 days after the service on any person of a notice pursuant to subsection (3) of this section, he may object, in writing to the council, against its intention to remove the gate or cattle stop.

    (5) Not later than 14 days after receiving any such objection, the council shall consider it, and, after hearing any submissions made by the objector or on his behalf, the council may dismiss the objection or decide not to proceed to remove the gate or cattle stop or make such modifications to its proposal as it thinks fit.

    (6) The erection across any road of any gate or cattle stop shall not be commenced unless and until plans of the gate or cattle stop have been submitted to and approved by the council. The council may make such alterations in or additions to any plans submitted to it as it thinks fit, and may require the erection of such protective or warning devices as it considers necessary; and the gate or cattle stop shall be erected in accordance with the plans and requirements and in such position as the council directs.

    (7) The Minister of Transport may from time to time, by notice in the Gazette, prescribe specifications for gates and cattle stops.

    (8) The person by whom any swing gate or cattle stop has been erected pursuant to a permit granted under this section, and his successors in title, shall maintain the swing gate or cattle stop to the satisfaction of the council.

    (9) Without limiting the power to make bylaws conferred on the council by section 684 of this Act, the council may from time to time make bylaws regulating the use of swing gates and cattle stops erected pursuant to this section, prohibiting the causing of damage to such swing gates and cattle stops, and prohibiting the leaving open of such swing gates.

    (10) Neither the Crown nor the Minister of Transport nor the council shall be liable for damages in respect of any accident arising out of the existence of a gate or cattle stop across any road erected under a permit granted pursuant to this section.

    (11) The power conferred by this section to erect and maintain any swing gate or cattle stop on any road shall be deemed to include power to fence the road up to that gate or cattle stop and to maintain that fence, and every reference in this section to a swing gate or cattle stop shall be deemed to include a reference to such a fence.

    (12) This section shall apply with respect to every gate or cattle stop and fence lawfully erected across any road at the commencement of this Part of this Act pursuant to a permit granted under section 141 or section 142 or section 144 of the Public Works Act 1928 or section 11 of the Public Works Amendment Act 1935, as if it had been erected pursuant to a permit granted under this section.

    (13) The Gates and Cattle Stops Order 1955 (SR 1955/67) shall continue in force and have effect after the commencement of this Part of this Act as if it were a notice issued under subsection (7) of this section.

    Compare: 1928 No 12 s 141-146; 1935 No 27 s 11; 1948 No 39 s 31(2)

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (7) was substituted, as from 1 April 1988, by section 17(1) Local Government Amendment Act 1988 (1988 No 71).

    The reference to s 684 of this Act in subsection (9) was substituted, as from 1 April 1980, for the references to section 386 of the Municipal Corporations Act 1954 or, as the case may be, section 401 of the Counties Act 1956 by section 9 Local Government Amendment Act 1979 (1979 No 59).

    Subsection (10) was amended, as from 1 April 1988, by section 17(2) Local Government Amendment Act 1988 (1988 No 71) by substituting the words Crown nor the Minister of Transport for the words Minister of Works and Development.

    The Public Works Act 1928 and the Public Works Amendment Act 1935 referred to in subsection (12) were repealed by section 248 Public Works Act 1981 (1981 No 35).

345 Disposal of land not required for road
  • (1) Subject to subsection (3) of this section, where in forming a new road, or in diverting or stopping or diminishing the width of any existing road, any part thereof is no longer required as a road, the council may—

    • (a) Either—

      • (i) Sell that part to the owner or owners of any adjoining land for a price to be fixed by a competent valuer appointed by the council to value that part; or

      • (ii) Grant a lease of that part to the owner or owners of any adjoining land for a term and at a rental and subject to such conditions as the council thinks fit;—

      and, if no such owner or owners is or are willing to purchase the land at the price fixed or, as the case may be, take a lease of that part for the term and at the rental and subject to the conditions fixed, the council may sell or lease the land by public auction or private tender; and a conveyance, transfer, or lease under the seal of the council shall constitute a valid title to the land; or

    • (b) Apply that part, or any part thereof, to any purpose to which the council may apply land, either under this Act or any other enactment; or

    • (c) Grant a lease of that part, or any part thereof, for such term and on such conditions as it thinks fit for use for any purpose to which the council may apply land, either under this Act or any other enactment; or

    • (d) Transfer that part, or any part thereof, to the Crown for a public reserve or for addition to a public reserve or for any purpose of public convenience or utility or as Crown land subject to the Land Act 1948.

    (1A) To avoid doubt, this section does not apply to the public foreshore and seabed within the meaning of the Foreshore and Seabed Act 2004.

    (2) Where the council pursuant to subsection (1)(a)(i) of this section sells the land to the owner or owners of any adjoining land, it may require, notwithstanding the provisions of any other enactment, the amalgamation of that land with the adjoining land under one certificate of title. The District Land Registrar may, if he thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a certificate of title under this section, and may issue a certificate of title limited as to parcels.

    (2A) Where the council acting under subsection (2) of this section requires the amalgamation of the land sold with the adjoining land under one certificate of title—

    • (a) The separate parcels of land included in the one certificate of title by virtue of that requirement shall not be capable of being disposed of individually or of again being held under separate certificates of title, except with the consent of the council:

    • (b) Where that adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation is lawfully conferred or imposed, the land sold shall be deemed to be and always have been part of the land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on that adjoining land shall be deemed also to be rights and obligations in respect of, or encumbrances on, that land sold.

    (2B) On the issue of a certificate of title to the land referred to in subsection (2A) of this section, the District Land Registrar shall enter on the certificate of title a memorandum that the land to which it relates is subject to paragraph (a) of that subsection, and, if the circumstances so require, that it is subject to paragraph (b) of that subsection.

    (3) Where any road or any part of a road along the mark of mean high water springs of the sea, or along the bank of any river with an average width of 3 metres or more, or the margin of any lake with an area of 8 hectares or more is stopped, there shall become vested in the council as an esplanade reserve (as defined in section 2(1) of the Resource Management Act 1991) for the purposes specified in section 229 of the Resource Management Act 1991

    • (a) A strip of land forming part of the land that ceases to be road not less than 20 metres wide along the mark of mean high water springs of the sea, or along the bank of any river or the margin of any lake (as the case may be); or

    • (b) The full width of the land which ceases to be road—

    whichever is the lesser.

    (4) The obligation under subsection (3) of this section to set aside a strip of land not less than 20 metres in width as an esplanade reserve is subject to any rule included in a district plan under section 77 of the Resource Management Act 1991.

    (5) On the issue of any certificate of title for land which has become vested in the council as an esplanade reserve under subsection (3) of this section, the District Land Registrar shall enter thereon a memorandum that the land is subject to that subsection.

    (6) [Repealed]

    Compare: 1954 No 76 s 190; 1956 No 64 s 191F; 1972 No 132 s 2; 1977 No 134 s 2

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1)(a) was amended, as from 7 July 2004, by section 11 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words , pursuant to a special order,.

    Subsection (1A) was inserted, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93).

    Subsections (2A) and (2B) were inserted, as from 14 January 1983, by section 22 Local Government Amendment Act (No 2) 1982 (1982 No 166).

    The proviso to the original subsection (3) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word Conservation for the word Lands.

    The original subsection (3) was substituted, and subsections (4) to (6) were inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Subsections (3) to (5) were substituted, as from 7 July 1993, by section 226(6) Resource Management Amendment Act 1993 (1993 No 65).

    Subsection (6) was repealed, as from 7 July 1993, by section 226(6) Resource Management Amendment Act 1993 (1993 No 65).

Limited access roads

346 Interpretation
  • In sections 346A to 346J of this Act, unless the context otherwise requires,—

    Limited access road means any road declared to be a limited access road under section 346A of this Act or the corresponding provisions of any former enactment

    Road does not include an access way or a service lane.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346A Declaration and revocation of limited access roads
  • (1) The council may declare any road or part thereof in the district to be a limited access road.

    (2) The council may revoke the status as limited access road of any road or any part thereof.

    Compare: 1954 No 76 s 170B(1); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 346A was amended, as from 7 July 2004, by section 12 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words from time to time, by special order, in both places where they occur.

346B Provisions of Acts relating to roads to apply to limited access roads
  • Subject to sections 346C to 346J of this Act, the provisions of this Act and of every other enactment relating to roads, as far as they are applicable and with the necessary modifications, shall apply to every limited access road.

    Compare: 1954 No 76 s 170B(3); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346C Requirements of declaration of limited access road
  • The following provisions shall apply in respect of the declaration under section 346A(1) of this Act of a limited access road:

    • (a) Every such declaration shall refer to a plan showing—

      • (i) The road or part thereof to which the declaration relates:

      • (ii) Any crossing places to be authorised:

      • (iii) The boundaries of all road frontages of each parcel of land adjoining the road or part thereof to which the declaration relates:

      • (iv) The boundaries of all other types (if any) of legal access (whether roads, private roads, private ways, rights of way, or any other types whatsoever) connecting the road or part thereof to any other parcel of land:

      • (v) The title references to every parcel of land to which subparagraph (iii) or subparagraph (iv) of this paragraph applies:

    • (b) Every such declaration shall indicate where the plan is held and may be inspected:

    • (c) The council shall forward to the District Land Registrar a certificate authenticated by the council (together with a copy of the plan and of any resolution under section 346D(3) of this Act), setting out by sufficient descriptions and title references, every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road; and the District Land Registrar shall record it against the titles to all the parcels of land therein described:

    • (d) The council shall cause a copy of the certificate to be served on the owner and the occupier (if he is not also the owner) of any land to which the declaration relates, so far as they can be ascertained.

    Compare: 1954 No 76 s 170B(9); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (c) was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road;.

346D Access to and from land
  • (1) Each parcel of land that adjoins or has legal access to a limited access road and that does not have reasonably practicable alternative legal access to some other road that is not a limited access road, shall be entitled to one crossing place at which vehicles are permitted to proceed to and from the limited access road from and to the parcel of land. The location of that crossing place shall be specified by the council from time to time by notice issued to the owner under section 346E of this Act.

    (2) No road, or part thereof, shall be declared a limited access road, unless the council, in any case where it considers it inexpedient to authorise any sufficient specified crossing place as aforesaid, purchases or takes under the Public Works Act 1981 or otherwise acquires any parcel of land that does not have a reasonable practical alternative legal access.

    (3) In this section and in section 346E of this Act the term parcel of land means a parcel of land that can legally be transferred to a person other than an owner of adjoining land without the dedication of any further land as a road and without the deposit of any further plan:

    Provided that the council may, by resolution, declare—

    • (a) Two or more adjoining parcels of land, while remaining in one ownership; and

    • (b) All parcels of land included in one unit title plan deposited in accordance with the Unit Titles Act 1972

    to be a single parcel of land for the purposes of this section and of section 346E of this Act.

    Compare: 1954 No 76 s 170B(4); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346E Authorisation of crossing places
  • The council may from time to time—

    • (a) By notice to the owner of the parcel of land affected,—

      • (i) Authorise, subject to such conditions (if any) as it may specify, any crossing place (whether formed or not) at which vehicles may proceed to and from any limited access road from and to that parcel of land:

      • (ii) Specify the location of any authorised crossing place:

      • (iii) Cancel any such authorisation or specified location if the parcel of land has reasonably practicable legal access to some other road that is not a limited access road or has another authorised crossing place:

      • (iv) Cancel or vary all or any conditions imposed under this section or impose further conditions or vary the location of any authorised crossing place:

    • (b) Construct any road that it may be expedient to construct to give access, whether additional or not, to any land adjoining or near the limited access road.

    Compare: 1954 No 76 s 170B(4); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346F Restricting movement to or from a limited access road
  • Without restricting any provision of any other Act, it is hereby declared that no person shall drive or move any vehicle or animal, or permit any vehicle or animal to be driven or moved, onto or from any limited access road, except—

    • (a) At a motorway or road from which vehicles or animals, as the case may be, might lawfully be driven or moved onto the limited access road or part thereof immediately before its declaration as a limited access road; or

    • (b) At a motorway or road from which vehicular or animal access to the limited access road has been authorised by the council and subject to such conditions as the council approves and publicly notifies; or

    • (c) At a crossing place authorised and specified by the council and subject to such conditions as are for the time being imposed by the council in accordance with section 346D or section 346E of this Act.

    Compare: 1954 No 76 s 170B(5); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346G Limited access road not a road for purpose of subdivision or sale
  • (1) Where any provision of this Act or any other Act makes any person's right to erect or use a building of any kind on any land, or to subdivide or sell any land, conditional upon the land having a frontage or vehicle access to a road, or in any other way conditional upon the existence of a road, then, for the purposes of that provision, a limited access road shall be deemed not to be a road, except for such purpose, to such extent, and on such conditions, as may be notified from time to time by the council to the District Land Registrar.

    (2) Any person aggrieved at—

    • (a) The refusal of the council to issue a notice to the District Land Registrar under subsection (1) of this section; or

    • (b) Any condition subject to which any such notice is issued—

    may object in writing to the Environment Court within one month after being notified of that refusal or condition, or within such further time as the Environment Court may allow, and the objection shall be made and determined by the Environment Court in the manner prescribed by the Resource Management Act 1991 and the regulations under that Act.

    (3) Subject to section 299 of the Resource Management Act 1991, the decision of the Environment Court on any such objection shall be final.

    Compare: 1954 No 76 s 170B(6); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (2) was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words the objection.

    The words Environment Court in subsection (2) were substituted, as from 2 September 1996, for the words Planning Tribunal pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

    Subsection (2)(b) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words and the objection shall be made and determined by the Planning Tribunal in the manner prescribed by the Resource Management Act 1991 and the regulations under that Act. for the words and the objection shall be made and determined by the Planning Tribunal in the manner prescribed by the Town and Country Planning Act 1977 and the regulations under that Act.

    Subsection (3) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words Subject to section 299 of the Resource Management Act 1991 for the words Subject to section 162 of the Town and Country Planning Act 1977.

    The words Environment Court in subsection (3) were substituted, as from 2 September 1996, for the words Planning Tribunal pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

346H Certificate of land affected to be forwarded to District Land Registrar
  • (1) Where any road is declared to be a limited access road under section 346A of this Act, the council shall forward to the District Land Registrar a certificate authenticated by the council specifying by sufficient description and title reference every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road; and the District Land Registrar shall record the certificate against the titles specified therein.

    (2) Where the council revokes the status as a limited access road of any road or part thereof, the council shall forward to the District Land Registrar a certificate authenticated by the council that the status of the road or part thereof as a limited access road has been revoked, and setting out by sufficient descriptions and title references all parcels of land affected by the revocation, and the District Land Registrar shall record the certificate against the titles to all the parcels of land therein described.

    (3) The council shall also cause a copy of that certificate to be served on the owner and the occupier (if he is not also the owner) of every parcel of land affected by the revocation, so far as they can be ascertained.

    Compare: 1954 No 76 s 170B(9); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346I Compensation
  • Where the exercise of any power given by any provision of sections 346A to 346H of this Act gives rise to any claim for compensation under section 60 of the Public Works Act 1981

    • (a) The claim shall not be made after a period of 5 years from the date of the exercise of the power:

    • (b) Section 62(2) of the Public Works Act 1981 shall be read as if the term specified date meant the date of the exercise of the power:

    • (c) The Land Valuation Tribunal shall take into account, by way of deduction from the total amount of compensation that would otherwise be awarded, any increase in the value of the parcel of land in respect of which compensation is claimed that has occurred in consequence of the exercise by the council of any power under section 346E of this Act.

    Compare: 1954 No 76 s 170B(10); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    This section was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression Public Works Act 1981 for the expression Public Works Act 1928.

    Paragraph (b) was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression Public Works Act 1981 for the expression s 29 Finance Act (No 3) 1944.

346J Offences
  • Every person commits an offence against this Act who—

    • (a) Acts in contravention of or fails to comply with any provision of section 346F of this Act; or

    • (b) Uses or makes any crossing place to or from a limited access road that is not a crossing place authorised under section 346E of this Act.

    Compare: 1954 No 76 s 170B(8); 1970 No 89 s 4

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Private roads and private ways

347 Width, etc, of private roads
  • Subject to the Resource Management Act 1991, the provisions of this Part of this Act relating to the grades, and formation of roads and to building lines shall apply to private roads as they apply to other roads under the control of the council.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 347 was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words Subject to the Resource Management Act 1991, for the words Subject to the Town and Country Planning Act 1977. It was further amended by section 347 of that Act by omitting the word widths.

348 Powers of council with respect to private roads and private ways
  • (1) Except with the prior permission of the council, no person shall lay out or form any private road or private way, or grant or reserve a right of way over any private way, in the district.

    (2) Subject to section 347 of this Act, in granting any such permission the council may—

    • (a) Impose such conditions as to widths, levels, entrances, courses, formation, cost of formation, maximum number of buildings to be erected fronting any such private road or private way, minimum distances between any 2 buildings, position of building line, and otherwise in all respects whatsoever as the council thinks fit; and

    • (b) Require the owner or owners to whom permission is given to enter into a bond to comply with any conditions imposed by the council. Every such bond shall be deemed—

      • (i) To be an instrument creating an interest in each parcel of land to which the conditions apply within the meaning of section 62 of the Land Transfer Act 1952, and may be registered accordingly; and

      • (ii) To be a covenant running with each such parcel of land, and shall bind subsequent owners.

    (3) Any permission of the council under subsection (1) of this section to lay out or form any private road or private way as aforesaid shall be deemed to lapse on the expiration of 3 years after the grant thereof, unless the work has then been completed to the satisfaction of the council; but may from time to time be extended by the council for a period or periods not exceeding one year at any one time.

    (4) With respect to any private road, the council—

    • (a) May require any projection or obstruction in or over any part thereof to be removed at the expense of the person causing the same or to whom the same belongs:

    • (b) May by notice in writing require the owners of land or buildings abutting on the private road to construct or repair the road, with the footways, kerbing, and channelling thereof, and every such owner shall be liable for the construction and repair of so much of the private road as the council thinks fit:

    • (c) In case of default, may execute the said works, and recover the cost from the owners in the aforesaid proportions.

    (5) Subsection (4) of this section shall apply to every private way which for the time being serves as an approach to 2 or more allotments that are separately owned or separately occupied or to any allotment on which there are 2 or more buildings that are separately occupied.

    (6) Nothing in this section applies to a private road or right of way lawfully created as part of a subdivision under the Resource Management Act 1991.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsections (1) and (3) were amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word form for the word make.

    Subsection (6) was inserted, as from 1 August 2003, by section 98(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

349 Council may declare private road or right of way to be public road
  • (1) The council may declare to be a public road—

    • (a) Any private road within the meaning of any Act in force at the time of its being laid out:

    • (b) Any right of way within the meaning of any Act in force at the time of its being laid out, and which was laid out within the district on or after the 2nd day of November 1878, but before the 1st day of January 1887.

    (2) Notwithstanding anything in the foregoing provisions of this section, the council shall not declare any private road or right of way as aforesaid to be a public road unless and until it is properly formed by the owners thereof or frontagers thereto.

    (3) [Repealed]

    (4) Every private road and right of way declared to be a public road as aforesaid shall become a road vested as such in the council.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 7 July 2004, by section 13(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words , by special order,.

    Subsection (2) was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by omitting the words and constructed.

    Subsection (3) was repealed, as from 7 July 2004, by section 13(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64).

350 Penalty for laying out private road or private way in contravention of this Act
  • If any person lays out or forms, or permits or allows to be open for use, any private road or private way, or grants or reserves any right of way, contrary to the provisions of this Act, or refuses or neglects to perform, observe, or keep any condition imposed by the council as aforesaid, he commits an offence, and is liable to a fine not exceeding $50 for every day during which the offence has continued after the day on which he receives notice from the council that the offence has been committed.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Section 350 was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word forms for the word makes.

351 Illegal private road or private way not to be registered
  • No plan, deed, or instrument of any kind whatsoever whereby contrary to the provisions of this Part of this Act any private road or private way is created, recognised, referred to, granted, or reserved shall be received for deposit or registration under the Deeds Registration Act 1908 or under the Land Transfer Act 1952.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

352 Conditions to be noted on title by Registrar
  • The District Land Registrar shall enter upon the certificate of title, memorandum of lease, or other proper instrument a note of all conditions imposed under section 348 of this Act by the council which are contained in or endorsed upon any instrument or plan presented to him for registration or deposit, and the conditions so noted shall be deemed to constitute a registered encumbrance under the Land Transfer Act 1952.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Safety provisions as to roads

353 General safety provisions as to roads
  • The council shall take all sufficient precautions for the general safety of the public and traffic and workmen employed on or near any road and, in particular, shall—

    • (a) Take all reasonable precautions to prevent accidents during the construction or repair by the council of any road, or when any opening is made therein by the council for the repair of drains or gas pipes or for any other purpose, and require other persons doing such work to take such precautions, by erecting barriers, devices to cause traffic to slow down, or fences across any such road or around any dangerous place therein, or otherwise, and shall cause, and require other persons doing such work to cause, any such dangerous place to be sufficiently lighted by night; and any person removing any such protective work, or removing or extinguishing any such light without the authority of the council, commits an offence:

    • (b) Require the owner or occupier of any land upon which there is any hole, well, excavation, or other place dangerous to persons passing along any road forthwith to fill in, cover, or enclose the same:

    • (c) Whenever the public safety or convenience renders it expedient, require the owner or occupier of any land not separated from a road by a sufficient fence to enclose the same by a fence to the satisfaction of the council.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

354 Construction of cellar or making any excavation in vicinity of road
  • (1) Where the owner or occupier of any land proposes to construct a cellar, or make any other excavation (other than a cellar or other excavation to be constructed or made in accordance with a building consent under the Building Act 1991), within 20 metres from any road, private road, or any adjoining property, he shall give notice of his intention to the council, whose consent must first be obtained before the work is commenced; and the owner or occupier shall cause the cellar or excavation to be so constructed or made that it cannot become a receptacle for stagnant water or other impure matter.

    (2) Where, under subsection (1) of this section, the council grants its consent to the construction of any cellar, it may grant its consent subject to a condition that neither the owner nor the occupier nor their successors in title shall be entitled to claim against the council for any damage caused to the cellar or any property therein arising, whether directly or indirectly, from any defect in any water-supply system, sewerage system, or other public-utility service under the control of the council.

    (3) As soon as conveniently may be after the passing of a resolution by the council granting its consent to the construction of a cellar subject to the conditions specified in subsection (2) of this section, the council shall send a copy of the resolution, authenticated by the council, to the District Land Registrar, or the Registrar of Deeds, as the case may require, who shall deposit the same in his office and register against the title to the land a memorandum under his hand that the land is subject to those conditions.

    (4) This section shall bind the Crown.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by inserting the words (other than a cellar or other excavation to be constructed or made in accordance with a building consent under the Building Act 1991).

355 Council may require removal of overhanging trees, etc
  • (1) The council may, by notice in writing under the hand of the Chairman or the principal administrative officer, require the owner of any land abutting upon any road within the district to do any of the following acts:

    • (a) To remove, lower, or trim to the satisfaction of the council any tree or hedge overhanging or overshadowing the road in cases where, in the opinion of the council, the removal, lowering, or trimming is necessary in order to prevent injury to the road or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto:

    • (b) To cut down or grub up, as the council directs, and remove all obstructions to traffic or drainage arising from the growth of plants or the spreading of roots upon or under the road up to the middle line thereof along the whole frontage of the land occupied or owned by him:

    • (c) To remove, lower, or trim to the satisfaction of the council any tree or hedge, or to lower any fence or wall, if in the opinion of the council the tree, hedge, fence, or wall is likely, by reason of its obstructing the view, to cause danger to the traffic on that or any other road.

    (2) Within 10 days after service of the notice, the owner may apply to a District Court for an order setting aside the notice.

    (3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.

    (4) In the case of a notice which is not set aside as aforesaid, if the owner fails to do any such act in compliance therewith within one month from the service thereof, or where application as aforesaid has been heard, then within one month after the giving of the decision of the Court, he commits an offence and is liable to a fine not exceeding $5 for every day during which the failure has continued, and the council, by its officers or agents, may enter on the land and do that act and recover the cost from him.

    (5) The said cost shall be a charge upon the land.

    (6) In any case where the council might give any such notice as aforesaid in respect of any land, any resident of the district may, by notice in writing, request the council to do so.

    (7) If for the space of 28 days after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to a District Court for an order requiring the council to comply with that notice.

    (8) On the hearing of the application, the Court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the Court shall be final.

    (9) The council may remove, lower, cut down, grub up, or trim, as the case may be, any fence, wall, tree, hedge, or plant to which subsection (1) of this section applies, after giving oral notice to the occupier, or, where there is no occupier, to the owner, of the land, if life, property, or any road is in imminent danger. The cost of the work shall be a charge against the land as if notice had been given under subsection (1) of this section and had not been set aside by a District Court.

    (10) For the purposes of this section the term cut down means cutting down and keeping cut down or removing or controlling by chemical means the stem and roots of any plants so as to prevent their throwing out any leaf, offshoot, or flower.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    The words District Court referred to in subsections (2), (7), and (9) were substituted, as from 1 April 1980, for the words Magistrate's Court pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

356 Removal of abandoned vehicles from roads
  • (1) This section applies where any category A or category B or category C motor vehicle is found on a road within the district of any council and appears to have been abandoned by its owner.

    (2) In the case of a category A or category B vehicle, the following provisions shall apply:

    • (a) The council may, or may authorise any person to, remove the vehicle and store it:

    • (b) No person shall remove the vehicle until a member of the Police has been notified of the proposal to move it:

    • (c) The council shall make reasonable efforts to give notice to the last registered owner of the vehicle of its intention to sell the vehicle, and those efforts shall include,—

      • (i) In the case of a category A vehicle, taking practical steps to identify the owner of the vehicle by reference to chassis numbers or other numbers appearing on the vehicle:

      • (ii) In the case of a category B vehicle, identifying the owner of the vehicle by reference to such numbers and by searching the motor vehicle security register or otherwise:

    • (d) After making reasonable efforts to give notice under paragraph (c) of this subsection, the council may give not less than 10 working days' notice, by advertisement in 2 issues of a daily newspaper circulating in the district in which the road is situated, of its intention to sell the vehicle, but if the council is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispense with the giving of such notice:

    • (e) At any time after the expiration of a notice given in accordance with paragraph (d) of this subsection or at any time after the giving of such notice has been dispensed with under that paragraph, the council may sell or otherwise dispose of the vehicle to any person or otherwise dispose of the vehicle in such manner as the council thinks fit, and any person to whom such a vehicle is sold or disposed of shall thereupon become the lawful owner of the vehicle:

    • (f) The advertisement under paragraph (d) of this subsection shall specify the following:

      • (i) A description of the make, model, and colour of the vehicle:

      • (ii) The chassis numbers and any other vehicle numbers (if known):

      • (iii) The location from which the vehicle was removed:

    • (g) The proceeds of any such sale shall be applied in payment of the costs and charges attending the sale, including the advertisement under paragraph (d) of this subsection, and of the expenses of the removal and storage of the motor vehicle, and the residue, if any, shall be payable to the former owner of the vehicle:

    • (h) Where any motor vehicle is removed under this subsection, the owner shall be liable to pay to the council all expenses incurred by the council in removing and storing the vehicle, and, where the vehicle is claimed by the owner and not sold or otherwise disposed of pursuant to this subsection, those expenses shall be payable before the owner takes delivery of the vehicle.

    (3) In the case of a category C vehicle, the provisions of subsection (2) of this section shall apply with the following modifications:

    • (a) The notice specified in paragraph (d) of that subsection shall not be given unless the vehicle has been stored for a period of 1 month and reasonable efforts to locate the last registered owner have been made by the council:

    • (b) In addition to specifying the matters set out in paragraph (f) of that subsection, the notice shall specify the name of the current registered owner and the last known address of that person:

    • (c) Paragraph (c) of that subsection shall apply as if the vehicle were a category B vehicle.

    (4) If, after a search of the motor vehicle security register in accordance with subsection (2)(c)(ii) or subsection (3)(c) of this section, it is found that the vehicle is subject to a registered security interest, the council shall, before selling or otherwise disposing of the vehicle, notify the holder of that interest of its intention to sell or otherwise dispose of the vehicle.

    (5) For the purposes of this section,—

    • (a) A category A vehicle is a motor vehicle that has neither a number plate nor a current licence label affixed to the vehicle:

    • (b) A category B vehicle is a motor vehicle that has affixed to it either a number plate or a current licence label (but not both):

    • (c) A category C vehicle is a motor vehicle that has affixed to it either—

      • (i) A number plate and a current licence label; or

      • (ii) A number plate and a licence label that expired not more than 6 months before the council took possession of the vehicle.

    (6) For the purposes of this section, council, in relation to a State highway that is under the control of the New Zealand Transport Agency, means the New Zealand Transport Agency.

    (7) Nothing in this section limits or affects anything in section 239 of the Public Works Act 1981.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (9)(a) council: was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Section 356 was substituted, as from 1 April 1993, by section 2(1) Local Government Amendment Act (No 3) 1992 (1992 No 113).

    Subsection (2)(a) was amended, as from 28 June 2006, by section 4(1) Local Government Act 1974 Amendment Act 2006 (2006 No 27) by substituting the words may, or may authorise any person to, for the words may authorise any person to.

    Subsection (2)(b) was amended, as from 28 June 2006, by section 4(2) Local Government Act 1974 Amendment Act 2006 (2006 No 27) by omitting the words authorised by the council.

    Subsection (2)(h) was amended, as from 28 June 2006, by section 4(3) Local Government Act 1974 Amendment Act 2006 (2006 No 27) by omitting the words by the council in the first place where it appears.

    Section 356(6): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

356A Further provision in relation to removal of vehicles from roads
  • (1) This section applies in relation to a motor vehicle if—

    • (a) the vehicle is found on a road or in a public place within a territorial authority's district; and

    • (b) the vehicle has—

      • (i) an evidence of vehicle inspection and a licence label affixed to it, but each document has expired by more than 31 days; or

      • (ii) an evidence of vehicle inspection affixed to it that has expired by more than 31 days and no licence label affixed to it; or

      • (iii) a licence label affixed to it that has expired by more than 31 days and no evidence of vehicle inspection affixed to it; or

      • (iv) neither an evidence of vehicle inspection nor a licence label affixed to it.

    (2) The territorial authority—

    • (a) may, or may authorise any person to, remove the vehicle; and

    • (b) if it does so, must—

      • (i) store it for 10 days (the 10-day period); and

      • (ii) during that time, make reasonable efforts to notify the last registered owner of the vehicle—

        • (A) that it has removed the vehicle; and

        • (B) that the vehicle is in storage; and

        • (C) of the territorial authority's powers under subsection (7).

    (3) However, if the territorial authority is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispose of the vehicle without complying with subsection (2)(b).

    (4) A vehicle must not be removed under this section until a member of the police has been notified of the proposed removal.

    (5) If a vehicle is claimed by any person lawfully entitled to it before the end of the 10-day period, the territorial authority must release the vehicle to the person.

    (6) Subsection (5) applies only if any costs incurred by the territorial authority for removing and storing the vehicle are first paid.

    (7) If a vehicle is not claimed under subsection (5), the territorial authority may—

    • (a) dispose of it (by sale or otherwise) at any time after the 10-day period has expired; and

    • (b) recover from the vehicle's last registered owner any costs incurred by the territorial authority as a result of removing, storing, and disposing of the vehicle (less any amount received on the disposal of it).

    (8) A territorial authority may retain any proceeds from the disposal of a vehicle under this section that—

    • (a) are not claimed by the person who owned the vehicle at the time it was disposed of within 12 months of the vehicle's disposal; and

    • (b) are in addition to any costs incurred by the territorial authority for removing, storing, and disposing of the vehicle.

    (9) Any person to whom a vehicle is disposed of under this section becomes the lawful owner of the vehicle.

    (10) Nothing in this section limits or affects anything in section 239 of the Public Works Act 1981.

    (11) For the purposes of this section,—

    evidence of vehicle inspection has the meaning given to it in section 2(1) of the Land Transport Act 1998

    public place means a place that is—

    • (a) under the control of the territorial authority; and

    • (b) open to, or being used by, the public, whether or not there is a charge for admission

    territorial authority, in relation to a State highway that is under the control of the New Zealand Transport Agency, means the New Zealand Transport Agency.

    Sections 356A and 356B were inserted, as from 28 June 2006, by section 5 Local Government Act 1974 Amendment Act 2006 (2006 No 27).

    Section 356A(11) territorial authority: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

356B Relationship between section 356 and section 356A
  • In any circumstances where a territorial authority is authorised to remove a motor vehicle under both section 356 and 356A, the territorial authority may only exercise its powers under section 356A.

    Sections 356A and 356B were inserted, as from 28 June 2006, by section 5 Local Government Act 1974 Amendment Act 2006 (2006 No 27).

357 Penalties for damage to roads
  • (1) Every person commits an offence who, not being authorised by the council or by or under any Act,—

    • (a) Encroaches on a road by making or erecting any building, fence, ditch, or other obstacle or work of any kind upon, over, or under the road, or by planting any tree or shrub thereon; or

    • (b) Places or leaves on a road, any timber, earth, stones, or other thing; or

    • (c) Digs up, removes, or alters in any way the soil or surface or scarp of a road; or

    • (d) Damages or, except with the consent of the council, removes or alters any gate or cattle stop lawfully erected across any road; or

    • (e) Allows any water, tailings, or sludge, or any filthy or noisome matter, to flow from any building or land in his occupation on to a road; or

    • (f) Wilfully or negligently causes or allows any oil, or any liquid harmful to sealed or paved road surfaces or likely to create a danger to vehicles on such surfaces, to escape on to any road having a sealed or paved surface; or

    • (g) Causes or permits any timber or other heavy material, not being wholly raised above the ground on wheels, to be dragged on a road; or

    • (h) Causes or negligently allows any retaining wall, foundation wall, or fence erected on any land, or any batter or slope of earth, or any building, erection, material, or thing, to give way or fall so as to damage or obstruct a road; or

    • (i) Digs up or removes any stone, gravel, sand, or other material from a river bed within 50 metres of a bridge or ford on any road or any dam on which a road is constructed; or

    • (j) Does or causes or permits to be done any act whatsoever by which any damage is caused to a road or any work or thing in, on, or under the same,—

    and is liable to a fine not exceeding $1,000 and, where the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued and may be ordered to pay the cost incurred by the council in removing any such encroachment, obstruction, or matter, or in repairing any damage caused as aforesaid:

    Provided that no fine shall be imposed unless the information is laid by authority of the council or by an officer thereof.

    (2) The Council shall not authorise or suffer any encroachment on a road if the encroachment would or might interfere with or in any way obstruct the right of the Crown, or of any person so authorised by any Act, to construct, place, maintain, alter, remove, or otherwise deal with any electric wires, telephone wires, telegraph wires, pneumatic tubes, or gas pipes on, over, or under the road, except with the prior written consent of the Minister of the Crown, the person, or principal administrative officer of the body, who or which is responsible for any such services or utilities.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 25 July 1995, by section 5(1)(a) Local Government Amendment Act (No 2) 1995 (1995 No 40) by substituting the expression $1,000 for the expression $200. Subsection (1) was further amended by section 5(1)(b) of that Act by substituting the expression $50 for the expression $20.

    Subsection (2) was substituted, as from 1 April 1988, by section 18 Local Government Amendment Act 1988 (1988 No 71).

Contracts and leases relating to ferries

357A Leasing powers of council with respect to ferries
  • The council having control of a ferry may let the ferry for a term not exceeding 14 years, for such rent and on such terms and conditions as to the maintenance of the ferry as the council thinks fit, and without submitting the lease to public auction or public tender:

    Provided that before granting any such lease for any term exceeding 3 years the proposed terms and conditions thereof shall be publicly notified for at least 2 months.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Privately constructed bridges and ferries

358 Privately constructed bridges and ferries
  • (1) Subject to such conditions as he thinks fit, the Minister may from time to time, by notice in the Gazette, authorise any person to construct a bridge across any river, creek, or stream, the bed of which is vested in the Crown, or to establish a ferry across any river, creek, stream, or lake, the bed of which is vested in the Crown, and to maintain that bridge or ferry for such period as the Minister thinks fit, and to occupy for such period as the Minister thinks fit such portion of any road or Crown land as seems to him to be necessary as a site for that bridge or ferry.

    (2) Every such bridge or ferry shall be deemed to be respectively a public bridge or ferry, and shall be open to the use of the public at all hours, subject to any regulations that may be made pursuant to this Act for regulating the use thereof.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

359 Regulations for maintenance and use of privately constructed bridges and ferries
  • Without limiting the general power to make regulations conferred by section 723 of this Act, regulations may be made under that section applying generally to bridges or ferries constructed or established under section 358 of this Act or to any such specified bridges or ferries,—

    • (a) For the management of those bridges or ferries and the approaches thereto, and for the maintenance of those bridges or ferries in good repair:

    • (b) Fixing the tolls (if any) to be levied on those bridges, and the fares to be chargeable for the conveyance of passengers, animals, or goods by those ferries:

    • (c) Declaring what exemptions shall be allowed from the payment of any such tolls or fares:

    • (d) Regulating the collection of any such tolls or fares, and preventing the evasion thereof.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words section 723 of this Act, regulations may be made under that section for the words section 639 of this Act or by section 410 of the Municipal Corporations Act 1954 or section 449 of the Counties Act 1956, regulations may from time to time be made under any of those sections.

360 Minister may delegate powers to council
  • The Minister may from time to time, by notice in the Gazette, delegate to the council all or any of the powers conferred on him by section 358 of this Act, or authorise the council to make bylaws for all or any of the matters specified in section 359 of this Act.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Tolls at bridges, tunnels, and ferries

361 Establishment or abolition of toll gates at bridges, tunnels, and ferries
  • (1) The Minister may from time to time, by notice in the Gazette,—

    • (a) Authorise a council to establish, by using the special consultative procedure, toll gates and collect tolls at any bridge, tunnel, or ferry within the district or under the control of the council; or

    • (b) With the agreement of the council, abolish any toll gate or reduce the tolls to be taken at any toll gate if the Minister is of the opinion that any toll gate established by a council is not necessary or that the tolls taken thereat are excessive.

    (2) Any authority granted under subsection (1)(a) of this section may be granted subject to such terms and conditions as the Minister thinks fit, including, but without limiting the generality of the foregoing provisions of this subsection, terms and conditions as to—

    • (a) The tolls that may be taken:

    • (b) The conditions under which the tolls may be taken:

    • (c) The persons and classes of persons exempted from payment of the tolls:

    • (d) The manner in which and the conditions on which tolls may be leased:

    • (e) The distraining for or recovery of tolls:

    • (f) The appointment and duties of collectors of tolls:

    • (g) The making of any toll gate in the district clearing any other toll gate in the district or in any other district.

    (3) Notwithstanding the repeal by section 4 of the Local Government Amendment Act 1978 of sections 179 to 199 of the Public Works Act 1928, sections 206 to 211 of the Municipal Corporations Act 1954 and Schedule 9 to that Act, and sections 213 to 218 of the Counties Act 1956 and Schedule 4 to that Act, every toll gate established before the date of the commencement of this Part of this Act under any section so repealed and in existence immediately before that date shall continue in force on and after that date as if the said sections 179 to 199 or, as the case may be, sections 206 to 211 and the said Schedule 9 or sections 213 to 218 and the said Schedule 4 had not been repealed.

    (4) Nothing in this section or in any notice given under this section shall be construed to limit or interfere with the right to levy tolls on any bridge, ferry, tunnel, tramway, or toll gate granted to any person during the period for which the tolls have been so granted, except on payment of adequate compensation.

    (5) Every person commits an offence against this Act who—

    • (a) Evades the payment of any toll payable by him; or

    • (b) Resists or obstructs any toll keeper in the execution of his duty; or

    • (c) Falsely claims exemption from any toll.

    Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1)(a) was amended, as from 7 July 2004, by section 14 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words using the special consultative procedure for the words special order.

Part 22
Regional roads

  • Part 22, comprising sections 362 to 374, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

  • Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

362 Interpretation
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

363 Power to declare regional roads
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1)(a) and (b) were substituted, as from 20 November 1981, by section 17(1) Local Government Amendment Act (No 2) 1981 (1981 No 111), for the former words.

    Subsection (1) was further amended, as from 1 April 1988, by section 19 Local Government Amendment Act 1988 (1988 No 71) by substituting the words Secretary of Transit New Zealand for the words District Commissioner of Works.

    Subsection (1) was further amended, as from 1 October 1991, by section 69 Resource Management Act 1991 (1991 No 69) by omitting the proviso.

    Subsections (1), (3) and (5) were amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Subsection (3) was repealed, as from 1 October 1991, by section 69 Resource Management Act 1991 (1991 No 69).

    Subsection (6) was amended, as from 1 January 1981, by section 17(2) Local Government Amendment Act (No 2) 1981 (1981 No 111) by substituting the words or other land is within the region and unless the council resolves that it is of the opinion that the road or other land for the words unless the council resolves that it is of the opinion that the road.

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

364 Constituent authority may request council to declare regional road
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 20 November 1981, by section 18 Local Government Amendment Act (No 2) 1981 (1981 No 111) by substituting the words (a) That any road or part of a road within its district, whether then actually constructed or not: (b) Any other land, whether adjoining any road or not— should be declared to be for the words that any road or part thereof within its district, whether then actually constructed or not, and any other land that is not part of a road should be declared to be or to be required for the purposes of.

    Subsection (1) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

365 Objections and appeals by constituent authorities
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsections (1) and (2) were amended, as from 1 April 1988, by section 20 Local Government Amendment Act 1988 (1988 No 71) by substituting the words Minister of Transport for the words Minister of Works and Development.

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

366 Powers of council in relation to regional roads
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1)(a) was amended, as from 6 June 1989, by section 32(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression section 247F for the expression section 237A

    Subsection (1)(c) has been amended by substituting section 26 of the Public Works Act 1981, being the corresponding enactment in force, for section 23 of the Public Works Act 1928.

    Subsection (2) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by omitting the word construction.

    Subsections (3) and (5)(b) were amended, as from 6 June 1989, by section 32(1) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression section 247F for the expression section 237A

    Subsection (5) has been amended by substituting the Rating Powers Act 1988, being the corresponding enactment in force, for the repealed Rating Act 1967.

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

367 Objections to intention to commence formation, or upgrading of regional road
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsections (1) and (3)(a) were amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by omitting the word construction.

    Subsections (1) and (5) were amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

368 Power to delegate
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (2) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

369 Revocation of a regional road
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (1) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Board.

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

370 Appeals
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsections (1), (3) and (5) were amended, as from 1 April 1988, by section 21 Local Government Amendment Act 1988 (1988 No 71) by substituting the words Minister of Transport for the words Minister of Works and Development.

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

371 Limited access regional roads
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

372 Bylaws
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

373 Road improvement land
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsection (2) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words for the purposes of the Resource Management Act 1991 for the words for the purposes of the Town and Country Planning Act 1977.

    Subsection (3) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

373A Subsidies under National Roads Act
  • [Repealed]

    Section 373A, relating to subsidies under the National Roads Act 1953, was inserted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).

    Section 373A was repealed, as from 1 October 1989, by section 116(1) Transit New Zealand Act 1989 (1989 No 75).

374 Regional motorways
  • [Repealed]

    Sections 362 to 374 were inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

    Subsections (1) and (3) were amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words Transit New Zealand for the words the National Roads Voard.

    Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

Part 23
Water supply by territorial authorities

  • Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

375 This Part to be subject to Resource Management Act 1991, and Health Act 1956
  • [Repealed]

    Nothing in this Part of this Act shall derogate from any of the provisions of the Resource Management Act 1991 or the Health Act 1956.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 375 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Section 375 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

376 Interpretation and application
  • [Repealed]

    (1) In this Part of this Act, unless the context otherwise requires,—

    Council means a territorial authority

    District means the district of a territorial authority

    Water supply area means a water supply area constituted under this Part of this Act

    Waterworks includes all rivers, streams, lakes, waters, and underground waters, and all rights appertaining thereto, and all land, watersheds, catchment areas, water collection areas, reservoirs, dams, bores, tanks, and pipes, and all buildings, machinery, and appliances of every kind, vested in the council or acquired or constructed or operated by or under the control of the council under this Part of this Act, for or relating to the purpose of water supply, whether within or outside the district.

    (2) All waterworks which before the commencement of this Part of this Act have been purchased, or acquired, or constructed, and established by any council under any special or other Act for the supply of water within or outside the district shall be deemed to have been purchased or acquired, or made, constructed, and established under this Part of this Act, and all the provisions of this Part of this Act relating to waterworks shall apply to those waterworks accordingly.

    (3) [Repealed]

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Subsection (3) was repealed, as from 1 July 1992, by section 38 Local Government Amendment Act 1992 (1992 No 42).

    Section 376 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

377 Constitution of water supply areas
  • [Repealed]

    (1) The council may from time to time, by special order, declare the district or any specified portion of the district to be a water supply area for the purpose of the construction and maintenance of waterworks and the supply of water to persons within the area; and by any subsequent special order may alter the boundaries of any such area.

    (2) The special order shall fix the day on which the water supply area shall be constituted or on which the boundaries shall be altered, as the case may be, and, in the case of the constitution of a water supply area, shall also give a name thereto.

    (3) Every water supply area in existence at the commencement of this Part of this Act constituted pursuant to Part 18 of the Counties Act 1956 shall be deemed to be a water supply area constituted under this section.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 377 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Powers of council in regard to waterworks

378 Control of source of water supply
  • [Repealed]

    Subject to this Part of this Act, a council shall, for the purposes of this Part of this Act, have control of all watercourses, streams, lakes, and other sources of water supply within its district.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 378 was substituted, as from 1 July 1992, by section 39 Local Government Amendment Act 1992 (1992 No 42).

    Section 378 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

379 Council may construct or purchase waterworks
  • [Repealed]

    (1) The council may—

    • (a) Construct or purchase any waterworks, whether within or outside the district, for the supply of pure water within the district or within any water supply area, or for the use of the shipping in any harbour adjoining:

    • (b) Keep those waterworks in good repair, and from time to time do all things necessary for that purpose;—

    and in particular, without limiting the generality of the foregoing provisions of this subsection, the council may, subject to Schedule 14 to this Act,—

    • (c) Take, purchase, or otherwise acquire land, whether within or outside the district, in accordance with this Act:

    • (d) Subject to this Act and to any right granted under any other Act, take water from any river, stream, lake, or bore:

    • (e) Break up or dig into the surface of any road, private road, or public place, whether within or outside the district:

    • (f) Alter any drain, sewer, gas pipe, other pipe, cable, or other apparatus of any kind on or under any such road, so far as is necessary for that construction or repair:

    • (g) Prospect for water by any means, whether the land to be prospected is situated within or outside the district.

    (2) All such waterworks shall vest in the council.

    (3) All waterworks purchased under this section shall be deemed to be waterworks constructed under this Part of this Act.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 379 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

380 Special provisions as to waterworks beyond the district
  • [Repealed]

    Schedule 14 to this Act shall apply to such parts of the waterworks as lie beyond the district.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 380 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Supply of water

381 Council may contract for water supply
  • [Repealed]

    The council may contract with the owners of any waterworks or any other person for such supply of water as the council thinks necessary for the purposes of this Part of this Act.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 381 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

382 Persons supplied with water to prevent waste
  • [Repealed]

    Every person supplied with water from the waterworks shall prevent the water running to waste. If any such person intentionally allows such water to run to waste the council may stop the supply of water to that person in such manner as it thinks fit.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 382 was substituted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

    Section 382 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

383 Notice of removal of water pipes to be given to council
  • [Repealed]

    (1) Any person may remove any pipe or other apparatus belonging to him connected with the waterworks, after giving to the council not less than 14 days' notice in writing of his intention to do so, and of the time of the removal, but shall be liable for all damage done to any part of the waterworks thereby.

    (2) If any person removes any such pipe or apparatus without giving that notice, he commits an offence, and, in addition to any penalty for the offence, he is liable to pay for all damage done to the waterworks by the removal.

    (3) Notwithstanding anything in subsection (1) of this section, where with the consent of the council some other person receives water by means of that pipe or apparatus, the pipe or apparatus shall not be removed without the consent in writing of the council and that other person.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 383 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

384 Advances to property owners for water connections
  • [Repealed]

    (1) The council may make advances to the owner of any land for the purpose of enabling him to do all things necessary (including the provision of pipes, fittings, appliances, and meters) to connect the land with any water-supply system of the district or to effect repairs to any such connection.

    (2) Subsections (2) to (7) of section 463 and sections 464 and 465 of this Act (relating to advances in respect of the cost of drainage connections), as far as they are applicable and with the necessary modifications, shall apply with respect to every advance under this section as if it were an advance under the said section 463, and as if references in those sections to drainage works and to drainage and sewerage were references to waterworks and to the supply of water, respectively.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 384 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Supply to persons outside district

385 Supply of water outside district
  • [Repealed]

    (1) The council may, with the consent of the territorial authority of the district in which the supply is given, supply any person outside the district with water; and, for that purpose, all the provisions of this Part of this Act relating to waterworks, and all the powers given to the council thereby, shall apply equally to all places, persons, and things outside the district as they apply to the same within the district.

    (2) The council may contract, and shall be deemed to have always had power to contract, with any territorial authority to supply water to that territorial authority.

    (3) The council may supply such water to places outside the district at such rate or charges, and for such times, and on such terms and conditions as the council from time to time determines.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Subsection (1) was substituted, as from 1 July 1992, by section 40 Local Government Amendment Act 1992 (1992 No 42).

    Section 385 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

386 Discontinuance of supply of water outside district
  • [Repealed]

    The council may at any time, on giving not less than 12 months' notice in writing of its intention to do so, discontinue the supply of water outside the district without being liable to pay any compensation for the discontinuance or in any way relating thereto:

    Provided that nothing in this section shall apply in any case where water is supplied to any territorial authority pursuant to a contract entered into under section 385(2) of this Act.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 386 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

387 Charge for water to residents of area added to district in certain cases
  • [Repealed]

    Where any area to which water is supplied by the council pursuant to the authority conferred by section 385 of this Act becomes part of the district, the council may, until it makes and levies a water rate or water charge (or both) in that area, continue to supply water to the residents of the area at such rate or charges (or both) as were in force immediately before its inclusion in the district.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 387 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Use of water for motive power

388 Council may use water from waterworks for motive power
  • [Repealed]

    Subject to the Electricity Act 1968, the council may use the water supplied by any waterworks belonging to the council for the purpose of obtaining motive power in connection with the production of electricity, but so that the ordinary supply shall not thereby be interfered with.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 388 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

389 Surplus water may be sold for motive power
  • [Repealed]

    Subject to the Electricity Act 1968, the council may from time to time, where the supply of water in the district is in excess of all demands for ordinary and extraordinary supply within the meaning of any bylaw, enter into contracts to supply any person with an extraordinary supply of water for use as a motive power for the generation of electricity or any other purpose, upon such terms and conditions and at such charges, to be paid in such manner, as the council thinks fit.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 389 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

390 Discontinuance of supply of water for motive power
  • [Repealed]

    Where under section 389 of this Act the council supplies any person with an extraordinary supply of water, the council may at any time, on giving not less than 3 months' notice in writing, or, if the excess of water fails, may at any time without previous notice, discontinue that extraordinary supply, without being liable to pay any compensation for the discontinuance or in any way relating thereto.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 390 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Protection of water and waterworks

391 Drawing off water from waterworks
  • [Repealed]

    (1) Every person commits an offence who, unless authorised to do so by or under this Act or any other Act, does any act whereby the waters forming part of any waterworks are drawn off or diminished in quantity, and does not immediately on receiving notice in writing in that behalf from the council restore the waterworks to the state in which they were in all respects before that act.

    (2) Every person who commits an offence against this section is liable to a fine not exceeding $1,000, and, where the offence is a continuing one, to a further fine not exceeding $200 for every day on which the offence has continued; and the council may, if it thinks fit, itself restore the waterworks to the said former state, and may recover from that person all the expenses incurred by doing so.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 391 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

392 Pollution of water supply
  • [Repealed]

    Every person commits an offence against this Act who—

    • (a) Directly or indirectly pollutes or causes to be polluted the water supply of any district, or any part of that supply, in such a manner as to make the water a danger to human health or offensive; or

    • (b) Allows any livestock of which he is the owner or of which he has control to trespass on to any waterworks; or

    • (c) Directly or indirectly pollutes or causes to be polluted the watershed (being a part of or used for supplying water to any waterworks) in such a manner as to cause or be likely to cause the water to become a danger to human health or offensive.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 392 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

393 Factories, etc, may be examined
  • [Repealed]

    (1) The council may at any time, by an authorised officer or agent, enter upon any works, factory, or business premises and cause the same to be thoroughly examined in order to ascertain whether any pollutant therefrom is flowing into any water or watershed (being a part of or used for supplying water to any waterworks), and may take samples of liquids being discharged therefrom.

    (2) If it appears upon that examination that such is the case, the council may recover from the person carrying on or managing or having charge or control of the works, factory, or business premises all the expenses incurred in making the examination and in analysing any sample so taken.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 393 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

394 Diversion of water from waterworks in case of flood
  • [Repealed]

    The council may in time of flood or other emergency lead any water from any waterworks vested in the council into any natural water with a view to the protection of the waterworks.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 394 was amended, as from 1 July 1992, by section 41 Local Government Amendment Act 1992 (1992 No 42) by omitting the words Subject to Part 24 of this Act,.

    Section 394 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

395 Offences with respect to waterworks
  • [Repealed]

    (1) Every person commits an offence who—

    • (a) Unlawfully draws off or diverts any water from any waterworks; or

    • (b) Wilfully or negligently allows any pipe or apparatus on his premises to be out of repair so that water is wasted; or

    • (c) Not having agreed to be supplied with water from any waterworks, takes any such water from the supply furnished to another person; or

    • (d) Being supplied with water from any waterworks, supplies another person who has not agreed to be so supplied with, or permits him to take, any such water; or

    • (e) Bathes in the water of any waterworks; or

    • (f) Washes any clothing or other thing of any kind in the water of any waterworks; or

    • (g) Throws any animal or refuse or litter or debris of any sort into any water of any waterworks; or

    • (h) Opens the ground so as to uncover any pipe belonging to any waterworks, or connects any pipe with any such pipe, without giving the council at least 7 days' notice in writing of his intention to do so; or

    • (i) Connects any pipe with a pipe belonging to any waterworks without giving the council at least 3 days' notice in writing of the day and hour he proposes to do so, or without having obtained the permission of some person acting under the authority of the council in that behalf; or

    • (j) Connects any pipe with a pipe of any waterworks except in the presence of and pursuant to the direction of the officer appointed by the council to superintend that connection, unless that officer fails to attend at the time named in the notice; or

    • (k) Connects with a pipe of any waterworks any pipe of a strength or material not approved by the council.

    (2) Every person who commits an offence against this section may, in addition to or instead of any penalty for the offence, be ordered to pay the cost incurred by the council in repairing the injury done to any part of the waterworks by any such act.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 395 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

396 Offences with respect to water meters
  • [Repealed]

    (1) Every person commits an offence against this Act who alters the index of or in any other manner tampers with any water meter, with intent to defraud the council.

    (2) No person (not being an officer or agent of the council acting as such) shall alter the position of any water meter without giving to the council not less than 3 days' notice in writing of his intention to do so.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 396 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

397 Council may stop supply of water in certain cases
  • [Repealed]

    Where any person—

    • (a) Fails or refuses to do any act or thing that he is required to do by this Part of this Act; or

    • (b) Fails or refuses to do any act or thing that he has undertaken or agreed to do in respect of the supply of water to his land under this Part of this Act; or

    • (c) Commits any offence against this Part of this Act,—

    the council may stop the supply of water to the land of that person in any manner it thinks fit and prevent him from using the water until he has ceased to make default or failure as aforesaid.

    Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 397 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 24
Regional water supply

[Repealed]

  • Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

  • Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

398 This Part to be read subject to Resource Management Act 1991 and the Health Act 1956
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 398 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

399 Interpretation
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

400 Council may supply water to constituent authorities
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

401 Council may construct or purchase waterworks
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

402 Local authorities and other bodies to be notified of work
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

403 Use of water for motive power
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

404 Surplus water may be sold for motive power
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

405 Discontinuance of supply of water for motive power
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

406 Council may contract for water supply
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

407 Drawing off water from waterworks
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

408 Offences with respect to water supply
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

409 Pollution of water supply
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

410 Factories, etc, may be examined
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

411 Diversion of water from waterworks in case of flood
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

412 Allocation of supply of water to constituent authorities
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

413 Appeals relating to supply of water
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

414 Council may operate constituent authority's waterworks
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

415 Supply of water to consumers outside the region
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

416 Supply of water to territorial authority
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

417 Discontinuance of supply of water outside region
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

418 Charges for water supplied to constituent authority
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

419 Surcharges for exceeding allocations
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

420 Payment of charges and surcharges
  • [Repealed]

    Part 24 (comprising sections 398 to 420) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Subsection (2) was amended, as from 29 June 1988, by section 208(1) Rating Powers Act 1988 (1988 No 97) by substituting the words levy a separate rate or a charge or both under section 16 of the Rating Powers Act 1988 for the words levy a separate rate or a charge or both under section 143 of this Act

    Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

Part 25
Water races

  • Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

420A Application of Part 25
  • [Repealed]

    This Part—

    • (a) Applies only to—

      • (i) Water races owned by a council:

      • (ii) Water races under construction by a council:

      • (iii) Water races that a council has agreed to construct; and

    • (b) Does not apply in respect of water races transferred by a council under Part 29A.

    Section 420A was inserted, as from 15 October 1999, by section 2 Local Government Amendment Act (No 5) 1999 (1999 No 125).

    Section 420A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

421 This Part to be subject to Resource Management Act 1991
  • [Repealed]

    Nothing in this Part of this Act shall derogate from any of the provisions of the Resource Management Act 1991.

    Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

    Section 421 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

    Section 421 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

422 Interpretation
  • [Repealed]

    (1) In this Part of this Act, unless the context otherwise requires,—