Local Government Act 1974 No 66 (as at 01 January 2010), Public Act

Act by section

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    [Repealed]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    Administering authority: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).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    [Repealed]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    Borough: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).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    [Repealed]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    Borough council: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).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