New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint
as at 1 January 2010
| Public Act | 1974 No 66 |
| Date of assent | 8 November 1974 |
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.
2B Secretary for Local Government [Repealed]
3 Local Government Commission [Repealed]
4 Term of office of members [Repealed]
5 Extraordinary vacancies [Repealed]
6 Deputies of members [Repealed]
7 Deputy Chairman [Repealed]
8 Temporary members [Repealed]
8A Committees [Repealed]
10 Remuneration, allowances, and expenses [Repealed]
11 Commission may co-opt specialist advice [Repealed]
11A Power of Commission to engage consultants [Repealed]
12 Officers of Commission [Repealed]
13 Commission to be a Commission of Inquiry [Repealed]
14 Evidence in proceedings before Commission [Repealed]
Functions and powers of Commission
15 Functions of Commission [Repealed]
15C Power of Commission to confirm, in respect of any part of New Zealand, the existing system of local government [Repealed]
15D Commission's obligation to give priority to preparation of final reorganisation schemes [Repealed]
16 Commission may direct investigations [Repealed]
17 Regional schemes [Repealed]
18 Procedure for preparation of regional schemes [Repealed]
19 Holding of public meetings [Repealed]
20 Notice of provisional regional scheme [Repealed]
21 Objections to provisional regional scheme [Repealed]
22 Final regional scheme [Repealed]
23 Notice of final regional scheme [Repealed]
26 Initiation of reorganisation schemes [Repealed]
29 Conduct of survey [Repealed]
30 Action to be taken after survey taken [Repealed]
31 Fate of proposal after survey [Repealed]
34 Final reorganisation scheme [Repealed]
36 Effect to be given to final scheme [Repealed]
37 Provisions to be included in Order in Council [Repealed]
37A Appeal against determination of Commission [Repealed]
37E Apportionment of assets and liabilities [Repealed]
37F Apportionment of loan liabilities [Repealed]
37G Apportionment of petroleum tax revenue [Repealed]
37H Payment on transfer of trading undertaking [Repealed]
37I Annual report [Repealed]
37J Commencement [Repealed]
37K Purposes of local government [Repealed]
37L Structure of local government [Repealed]
37N Unitary authorities [Repealed]
37O Regional boundaries [Repealed]
37P Territorial authority boundaries [Repealed]
37Q Out-districts [Repealed]
37RA Minister of Conservation to have certain powers of regional council and territorial authority [Repealed]
37S Functions of regional councils [Repealed]
37SB Hazardous waste management [Repealed]
37SC Transfer of functions, duties, etc [Repealed]
Auckland regional growth strategy
37T Functions of territorial authorities [Repealed]
Part 2A
Local Government Commission
[Repealed]
37U Commencement [Repealed]
37V Local Government Commission [Repealed]
37W Functions of Commission [Repealed]
37X Commission to report to Minister [Repealed]
37Y Membership of Commission [Repealed]
37Z Term of office [Repealed]
37ZA Deputies of members [Repealed]
37ZB Temporary members [Repealed]
37ZD Commencement [Repealed]
37ZF Notice of appeal [Repealed]
37ZG Right to appear and be heard on appeals [Repealed]
37ZH Orders relating to determination of appeals [Repealed]
37ZI Dismissal of appeal [Repealed]
37ZK Extension of time [Repealed]
37ZL Date of hearing [Repealed]
37ZM Restriction on appeals [Repealed]
37ZO Initiation of reorganisation proposal [Repealed]
37ZQ Contents of reorganisation proposal [Repealed]
37ZR Boundaries [Repealed]
37ZRA Membership [Repealed]
37ZS Interpretation [Repealed]
37ZU Relevant criteria [Repealed]
37ZV Designation of principal local authority [Repealed]
37ZW Duties of principal local authority [Repealed]
37ZZ Consideration and hearing of submissions [Repealed]
37ZZB Procedure where no submissions received [Repealed]
37ZZD Notice of appeal [Repealed]
37ZZE Right to appear and be heard on appeals [Repealed]
37ZZF Orders relating to determination of appeals [Repealed]
37ZZG Dismissal of appeal [Repealed]
37ZZH Appeal in respect of additional matters [Repealed]
37ZZI Extension of time [Repealed]
37ZZJ Date of hearing [Repealed]
37ZZK Hearing and determination of appeal [Repealed]
37ZZM Notice of decision on appeal [Repealed]
37ZZMA Procedure after appeal [Repealed]
37ZZN Provisions pending determination of appeal [Repealed]
37ZZO Interpretation [Repealed]
37ZZQ Duties of principal administrative officer [Repealed]
37ZZQA Representative of electors [Repealed]
37ZZQB Commission to obtain views [Repealed]
37ZZS Consideration of proposal by Commission [Repealed]
37ZZT Referral back of proposal [Repealed]
37ZZTA Power to decline resubmitted proposal [Repealed]
37ZZTC Statement of review [Repealed]
37ZZTD Public notice of review [Repealed]
37ZZTE Submissions on review [Repealed]
37ZZTF Requirement to consult [Repealed]
37ZZTG Consideration of submissions [Repealed]
37ZZTH Inquiries and investigations [Repealed]
37ZZTI Decisions on review [Repealed]
37ZZTJ Completion of review [Repealed]
37ZZTK Application of Part 2BA with modifications [Repealed]
37ZZU Commission to deal with amended proposal [Repealed]
37ZZV Draft reorganisation scheme [Repealed]
37ZZVA Power to amend basis of certain rates [Repealed]
37ZZVB Power to amend reorganisation schemes [Repealed]
37ZZW Explanatory statement [Repealed]
37ZZX Commission to give public notice of draft reorganisation scheme and explanatory statement [Repealed]
37ZZY Submissions on draft reorganisation scheme [Repealed]
37ZZZ Consideration of submissions [Repealed]
37ZZZA Reorganisation scheme [Repealed]
37ZZZB Explanatory statement [Repealed]
37ZZZC Duty of Commission to give notice [Repealed]
37ZZZD Power of proposer to withdraw proposal [Repealed]
37ZZZDA Power of Commission to abandon reorganisation scheme or to resolve to conduct review [Repealed]
37ZZZE Polls to be held [Repealed]
37ZZZF Timing of poll [Repealed]
37ZZZG Official result of poll [Repealed]
37ZZZH Fate of proposal after poll [Repealed]
37ZZZI Regulations [Repealed]
37ZZZIA Interpretation [Repealed]
37ZZZIB Population [Repealed]
37ZZZIC Advertising in relation to polls [Repealed]
37ZZZID Provision of funding to proposer [Repealed]
37ZZZIE Returns of expenditure [Repealed]
37ZZZIF Authorisation of advertising [Repealed]
37ZZZIG Application [Repealed]
37ZZZJ Implementation of reorganisation schemes [Repealed]
37ZZZN Power to amend basis of certain rates [Repealed]
37ZZZO Power to amend reorganisation schemes [Repealed]
38 This Part to be read subject to Part 1 [Repealed]
39 Application of this Act [Repealed]
41 Regional councils and united councils [Repealed]
42 Membership of regional councils [Repealed]
43 Review of constituencies and membership [Repealed]
44 Objections to decision of regional council [Repealed]
45 Membership of united councils [Repealed]
46A Joint appointments to united council [Repealed]
Constitution of districts of territorial authorities
47 Interpretation [Repealed]
49 Electors may request constitution of new district or alteration of boundaries of existing district [Repealed]
50 Boundaries of districts [Repealed]
51 New cities [Repealed]
52 Councils of districts [Repealed]
53 Incorporation of councils [Repealed]
54 District Councils [Repealed]
55 Membership of councils [Repealed]
56 Review of basis of election [Repealed]
56A Review of basis of election and division of district with population over 70,000 into wards [Repealed]
56B Commission to determine wards [Repealed]
56C Factors to be used in determining wards [Repealed]
57 Constitution of communities [Repealed]
58 Union, alteration, or abolition of communities [Repealed]
61 Purpose of community council [Repealed]
Members other than members of united council
62 Election of members [Repealed]
63 Electors qualified for election [Repealed]
64 Persons disqualified for election [Repealed]
65 Members of united council [Repealed]
67 Representation of district community council on territorial authority and other bodies [Repealed]
68 Appointment of representative of community council to attend territorial authority meetings [Repealed]
69 Parliamentary electors with appropriate residential qualification qualified as electors of territorial authority, ward, or community [Repealed]
70 Electors and voting rights [Repealed]
71 Electors of regions [Repealed]
72 Compilation of electoral roll [Repealed]
73 No person to be enrolled more than once [Repealed]
74 Roll to be available for public inspection [Repealed]
76 Completion of roll [Repealed]
77 Amendments to roll [Repealed]
78 When roll in force [Repealed]
79 Proof of roll [Repealed]
80 Roll for by-election or poll [Repealed]
82 When roll in force, and amendment thereto [Repealed]
83 Local Elections and Polls Act applied [Repealed]
84 Revision of rolls [Repealed]
85 Rolls for purposes of by-elections and polls [Repealed]
88 Local Elections and Polls Act 1976 applied [Repealed]
89 Compulsory enrolment of residential electors [Repealed]
90 Mayor of borough [Repealed]
92 Election of Mayor [Repealed]
93 Election of Chairman of regional council, united council, county, district of a district council, town district, district community council, or community council [Repealed]
93A Regional, united county, district, town, district community, or community council may remove Chairman from office and elect new Chairman [Repealed]
93B Election of Chairman by open voting [Repealed]
96 Provisions applying to all Mayors and Chairmen [Repealed]
99 Vacancies in membership of united council [Repealed]
100 Ouster of office of member [Repealed]
101 Audit Office to institute proceedings [Repealed]
101A Commencement [Repealed]
101B Application [Repealed]
101C Membership of territorial authorities [Repealed]
101CA Membership of regional councils [Repealed]
101E Membership [Repealed]
101G Parliamentary electors qualified for election to any regional council, territorial authority, or community board [Repealed]
101H Review of membership and basis of election [Repealed]
101I Distribution of copies of resolution [Repealed]
101J Objections [Repealed]
Presiding members of territorial authorities and regional councils
101N Presiding member [Repealed]
101P Election of Chairperson of regional council [Repealed]
101R Filling of vacancy in office of Mayor [Repealed]
101S Filling of vacancy in office of Chairperson [Repealed]
101V Power of regional council or territorial authority to remove Chairperson, Deputy Chairperson, or Deputy Mayor from office and elect successor [Repealed]
101X Disqualification of members [Repealed]
101Y Ouster of office of member [Repealed]
101Z Secretary to institute proceedings [Repealed]
101ZA Member's right to resign [Repealed]
101ZB Extraordinary vacancies [Repealed]
101ZD Power to require election to be held [Repealed]
101ZE Election to extraordinary vacancy [Repealed]
101ZF Commencement [Repealed]
101ZG Constitution of communities [Repealed]
101ZI Proposal to establish community [Repealed]
101ZJ Requirements in relation to proposal [Repealed]
101ZP Community boards [Repealed]
101ZQ Membership of community boards [Repealed]
101ZR Elections of community boards [Repealed]
101ZT Chairperson of community board [Repealed]
101ZU Community board committees [Repealed]
101ZW Application of Part 5A [Repealed]
Purposes, functions, duties, and powers of community boards
101ZY Purposes of community board [Repealed]
Administrative and other facilities
101ZZC Expenses of community boards [Repealed]
101ZZD Commencement [Repealed]
101ZZE Interpretation [Repealed]
101ZZG Mandatory criteria for Commission [Repealed]
101ZZH Submissions to Authority [Repealed]
101ZZI Frequency of adjustments [Repealed]
101ZZJ Determination is a regulation [Repealed]
101ZZK Publication of determinations [Repealed]
101ZZL Levy to pay Authority's costs [Repealed]
101ZZN Meaning of remuneration [Repealed]
101ZZO Greytown District Trust Lands Trustees [Repealed]
101ZZU Travelling expenses of members [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]
114C General provisions as to meetings [Repealed]
114E Ordinary meetings [Repealed]
114F Special meetings [Repealed]
114G Emergency meetings [Repealed]
114I Quorum of councils and committees [Repealed]
114K Voting systems for certain appointments [Repealed]
114L Chairperson of meetings [Repealed]
114M Standing orders [Repealed]
114N Minutes of proceedings [Repealed]
114Q Delegation to committees and subcommittees [Repealed]
114R Membership of committees and subcommittees [Repealed]
114S Joint committees [Repealed]
114T Members to give notice of addresses [Repealed]
114U Declaration by member [Repealed]
114V Members shall abide by standing orders [Repealed]
115 [Repealed]
116 [Repealed]
117 [Repealed]
118 [Repealed]
119 [Repealed]
119A Commencement [Repealed]
119B Staff of local authorities [Repealed]
119D Responsibilities of executive officers [Repealed]
119E Maximum term of employment [Repealed]
119F General employment principles [Repealed]
119G Equal employment opportunities programme [Repealed]
119H Appointments on merit [Repealed]
119I Obligation to notify vacancies [Repealed]
119J Maximum term of office of certain employees [Repealed]
Part 7
General revenues and estimates
[Repealed]
120 General revenues [Repealed]
121 Annual estimates [Repealed]
122 Application of income [Repealed]
122A Interpretation [Repealed]
122C Principles of financial management [Repealed]
122E Funding of expenditure needs [Repealed]
122I Compliance [Repealed]
122J Short-term borrowing, reserves, etc [Repealed]
122K Long-term financial strategy [Repealed]
122L Content of long-term financial strategy [Repealed]
122N Funding policy [Repealed]
122O Content of funding policy [Repealed]
122P Investment policy [Repealed]
122Q Content of investment policy [Repealed]
122R Borrowing management policy [Repealed]
122S Content of borrowing management policy [Repealed]
122U Variations between long-term financial strategy and funding, investment, or borrowing management policies [Repealed]
122W Limitation of review [Repealed]
122X Statement of compliance [Repealed]
122XA Remission policy [Repealed]
122XB Postponement policy [Repealed]
122XC Rates relief policy for Maori freehold land [Repealed]
122Y Commencement [Repealed]
122Z Interpretation [Repealed]
122ZA General power to borrow [Repealed]
122ZAA Internal borrowing [Repealed]
122ZB Power to enter into incidental arrangements [Repealed]
122ZD Procedure for borrowing money [Repealed]
122ZE Security for loans [Repealed]
122ZF Provisions applying to special rates [Repealed]
122ZG Effects of breach on third parties [Repealed]
122ZH Registration of charges [Repealed]
122ZK Registration of subsisting charges [Repealed]
122ZL Appointment of receivers [Repealed]
122ZM Powers and duties of receivers [Repealed]
122ZN Constraints on receiver [Repealed]
122ZO Protection for receiver [Repealed]
122ZP Loans not guaranteed by Crown [Repealed]
122ZR Provisions relating to sinking funds [Repealed]
122ZS Conversion of existing loans [Repealed]
122ZT Preservation of existing status [Repealed]
123 Constituent authorities to meet expenditure [Repealed]
124 Valuation equalisation [Repealed]
125 Alterations to apportionment of expenditure [Repealed]
126 Assessment of contributions [Repealed]
127 Jurisdiction of Magistrate's Court [Repealed]
128 Production of documents to be evidence [Repealed]
129 Payment of assessments [Repealed]
130 Powers of constituent authorities and other territorial authorities in respect of payments [Repealed]
132 United councils not to have rating powers [Repealed]
[Repealed]
134 Determination of rating system [Repealed]
135 Regional general rate [Repealed]
136 Territorial authority general rates [Repealed]
138 Territorial authority may cease to make and levy general rates separately in each ward [Repealed]
139 Community general rate [Repealed]
140 Regional works and services rates [Repealed]
142 Works and services rates [Repealed]
143 Separate rates [Repealed]
144 Community improvement and development rates [Repealed]
145 Territorial authority may exempt farm lands in community from improvement and development rates [Repealed]
146 Interpretation [Repealed]
147 Differential rates [Repealed]
147A Introduction of differential rating [Repealed]
148 Alteration to system of differential rating [Repealed]
148A Alteration to system of differential rating [Repealed]
149 Revocation of differential rating [Repealed]
150 Notice to Valuer-General [Repealed]
151 Levying of differential rate [Repealed]
152 Application of proceeds of differential rate [Repealed]
153 Rating on a graduated scale [Repealed]
155 Appeal against operation of area system [Repealed]
156 Classification for the purposes of area rate [Repealed]
157 Fire protection rate on value of improvements [Repealed]
157A Uniform annual general charge [Repealed]
158 Water charges [Repealed]
159 Provisions as to water meters [Repealed]
160 Water-race charge [Repealed]
161 Owner granting land for water race may have water free of charge or at reduced charge [Repealed]
162 Sewerage and stormwater drainage charges [Repealed]
163 Refuse charges [Repealed]
164 Fire protection charges [Repealed]
164A Territorial authority may levy uniform annual charge instead of rates for certain purpose [Repealed]
Lump sum contribution to capital cost of works
164B Interpretation [Repealed]
164D Preparation of cost estimates and calculation of contributions and rates or charges relating to works [Repealed]
164E Right to make lump sum contribution [Repealed]
164H Payment of lump sum contributions [Repealed]
165 Interpretation [Repealed]
166 Minimum rates [Repealed]
167 Charges deemed to be rates [Repealed]
169 Adjusted valuation [Repealed]
173 Certain separate rates payable in full or in for proportionate part of year in certain circumstances [Repealed]
174 Consolidation of special rates [Repealed]
175 Consolidation of rates [Repealed]
177 Unauthorised expenditure [Repealed]
179 Levy on timber [Repealed]
180 Security for loans [Repealed]
Application of proceeds of tax
200A Interpretation [Repealed]
200B Application of this Part [Repealed]
200D Regional petrol tax to be notified [Repealed]
200E Restriction on collection of tax [Repealed]
200F Application of proceeds of tax [Repealed]
200G Returns by wholesale distributors [Repealed]
200H Assessment of tax [Repealed]
200I Assessment presumed to be correct [Repealed]
200J Appeal against assessment [Repealed]
200K Tax recoverable as a debt [Repealed]
200L Penalty for late payment of tax [Repealed]
200N Accounting month [Repealed]
201 Application and interpretation of Part 12 [Repealed]
202 Financial records [Repealed]
203 Allocation of administration costs [Repealed]
205 Payment to and withdrawal from bank accounts [Repealed]
206 Deposit at interest [Repealed]
207 Council may establish Imprest Accounts [Repealed]
208 Council may establish special funds [Repealed]
210 Asset renewal charge [Repealed]
211 Application of asset renewal charge [Repealed]
212 Investment of asset renewal charge [Repealed]
213 Power to revoke appointment of Commissioners [Repealed]
214B Annual allowances and remuneration to be determined by Minister following determination by Higher Salaries Commission [Repealed]
214C Alteration to annual allowances or remuneration of Chairmen, Deputy Chairmen, chairmen of standing or special committees, and other members of local authorities [Repealed]
214J Annual allowance or remuneration payable to existing office holder not to be reduced [Repealed]
215 Travelling expenses of members [Repealed]
218 Use of transport facilities by members [Repealed]
219 Miscellaneous expenditure [Repealed]
220 Government not liable for district debts [Repealed]
221 Rates of interest [Repealed]
223B Commencement [Repealed]
223C Conduct of affairs [Repealed]
223D Annual plan [Repealed]
223E Annual report [Repealed]
223F Financial systems [Repealed]
223H Inspection of financial records by members and specified officers of local authority [Repealed]
223I Banking and related matters [Repealed]
223J Miscellaneous expenditure [Repealed]
223K Unauthorised expenditure [Repealed]
223L Government not liable for debts [Repealed]
224 Interpretation [Repealed]
225 Property for council purposes [Repealed]
225A Interpretation [Repealed]
225C Application of proceeds of sale [Repealed]
225D Community trusts [Repealed]
225E Purpose of Trust [Repealed]
225G Term of office of trustees [Repealed]
225I Financial statements [Repealed]
225J Trustees to hold public meeting [Repealed]
225K Matters to be included in trust deed [Repealed]
225M Application of Trustee Act 1956 [Repealed]
227 Shops and offices [Repealed]
228 Council may purchase land by instalments [Repealed]
229 Interpretation [Repealed]
230 Sale or exchange of council land [Repealed]
231 Leasing of land by council [Repealed]
235 Council may grant easements [Repealed]
[Repealed]
237 Interpretation [Repealed]
237A Power to acquire land [Repealed]
237B Land for regional planning [Repealed]
238 General powers of council in respect of works [Repealed]
239B Joining of other local authorities in, and sharing of expenses of, works and development for regional planning [Repealed]
241 Government works not to be interfered with [Repealed]
242 Council not authorised to create nuisance [Repealed]
243 Protection of permanent reference marks [Repealed]
244 Interpretation [Repealed]
245 Contracts for works [Repealed]
246 Council may contract with Minister of Works and development and other local authorities and public bodies for execution of works [Repealed]
247 Co-operative contracts [Repealed]
247A Commencement [Repealed]
247B General powers [Repealed]
247D Method to be adopted [Repealed]
247E Contracts and tenders [Repealed]
247F Power to acquire land [Repealed]
Part 17
Documents and local archives
[Repealed]
248 Interpretation [Repealed]
251 Documents of abolished local authorities [Repealed]
252 Authentication of documents by council [Repealed]
253 Service of documents, etc [Repealed]
254 Loss or destruction of documents, etc [Repealed]
255 Certified copies of documents [Repealed]
256 Protection of local archives [Repealed]
257 Use of local archives [Repealed]
259 Destruction of certain local archives [Repealed]
260 Functions of united councils [Repealed]
262 Functions conferred by Order in Council [Repealed]
263 Provisions on transfer of functions [Repealed]
264 Interpretation [Repealed]
265 New regional functions [Repealed]
266 Councils to exercise civil defence functions [Repealed]
267 Delegation of functions from Crown [Repealed]
268 Territorial authority may perform functions of regional council in certain circumstances [Repealed]
269 Out-districts [Repealed]
269A Interpretation [Repealed]
269B Regions for the purposes of this Part [Repealed]
269F Amendment to approved plans [Repealed]
269G Regional and united councils and territorial authorities to give effect to operative petroleum products rationing plans [Repealed]
270 Interpretation and application [Repealed]
270A Local Government Amendment Act 1981 not to apply to certain developments not completed at 1 January 1981 [Repealed]
271 Subdivision defined [Repealed]
271A Subdivision defined [Repealed]
272 Subdivision defined [Repealed]
275 Scheme plan to be submitted to council [Repealed]
276 Concept plan may be required in certain cases [Repealed]
278 Action to be taken in respect of concept plan [Repealed]
279 Powers of council where scheme plan submitted [Repealed]
281 Application of Part 21 [Repealed]
282 Minimum frontage and area requirements [Repealed]
284 Reserves policy [Repealed]
286 Reserves contributions in respect of subdivision for commercial or industrial purposes [Repealed]
287 Reserves contributions previously paid [Repealed]
288 Payment and use of reserves contributions [Repealed]
289 Reserves along areas of water [Repealed]
292 Reserves for future service lanes [Repealed]
293 Development plans [Repealed]
294A Calculation of development levy [Repealed]
294E Redetermination of assessed value [Repealed]
294G Calculation of reserves contributions and development levy when development completed [Repealed]
295 Provision for parking [Repealed]
298 Valuation of land or of work done [Repealed]
299 Objections to council's decisions [Repealed]
300 Appeals to Planning Tribunal [Repealed]
301 Appeal against determination of valuer [Repealed]
303 Completion certificate [Repealed]
306 Survey plan to be deposited [Repealed]
310 Contravention not to affect title to land [Repealed]
312 Savings as to previous approvals [Repealed]
313 Code of urban subdivision [Repealed]
Formation, alteration, stopping, and closing of roads
321 Road access [Repealed]
322 Land for road formation or widening [Repealed]
325 Road widths [Expired]
327 Building-line restrictions [Repealed]
342A Temporary closing of roads by Police [Repealed]
343 Consumption or possession of intoxicating liquor in roads closed for public function or gathering [Repealed]
Private roads and private ways
Contracts and leases relating to ferries
Privately constructed bridges and ferries
Tolls at bridges, tunnels, and ferries
362 Interpretation [Repealed]
363 Power to declare regional roads [Repealed]
368 Power to delegate [Repealed]
369 Revocation of a regional road [Repealed]
371 Limited access regional roads [Repealed]
373 Road improvement land [Repealed]
373A Subsidies under National Roads Act [Repealed]
374 Regional motorways [Repealed]
376 Interpretation and application [Repealed]
377 Constitution of water supply areas [Repealed]
Powers of council in regard to waterworks
378 Control of source of water supply [Repealed]
379 Council may construct or purchase waterworks [Repealed]
381 Council may contract for water supply [Repealed]
382 Persons supplied with water to prevent waste [Repealed]
Supply to persons outside district
385 Supply of water outside district [Repealed]
389 Surplus water may be sold for motive power [Repealed]
Protection of water and waterworks
391 Drawing off water from waterworks [Repealed]
392 Pollution of water supply [Repealed]
393 Factories, etc, may be examined [Repealed]
395 Offences with respect to waterworks [Repealed]
396 Offences with respect to water meters [Repealed]
[Repealed]
399 Interpretation [Repealed]
401 Council may construct or purchase waterworks [Repealed]
403 Use of water for motive power [Repealed]
404 Surplus water may be sold for motive power [Repealed]
406 Council may contract for water supply [Repealed]
407 Drawing off water from waterworks [Repealed]
408 Offences with respect to water supply [Repealed]
409 Pollution of water supply [Repealed]
410 Factories, etc, may be examined [Repealed]
413 Appeals relating to supply of water [Repealed]
416 Supply of water to territorial authority [Repealed]
419 Surcharges for exceeding allocations [Repealed]
420 Payment of charges and surcharges [Repealed]
420A Application of Part 25 [Repealed]
422 Interpretation [Repealed]
424 Subdivision of water-race areas [Repealed]
425 Water-race map [Repealed]
Powers of council as to water races
426 General powers of council as to water races [Repealed]
427 Discontinuance of water race [Repealed]
428 Council may sell disused water race [Repealed]
429 Water channel may be declared a water race [Repealed]
431 Compensation [Repealed]
432 Appointment of managing ratepayers [Repealed]
433 Exercise of powers outside district [Repealed]
434 Supply of water outside district [Repealed]
Provisions for the protection of water races
437 Offences with respect to water races [Repealed]
438 Pollution of water races [Repealed]
439 Bylaws as to water races [Repealed]
440 This Part to be subject to Soil Conservation and Rivers Control Act 1941 and Water and Soil Conservation Act 1967 [Repealed]
441 Interpretation and application [Repealed]
Powers of council in respect of sewerage and stormwater drainage
443 Constitution of urban drainage areas [Repealed]
444 Drainage map [Repealed]
445 Council may construct drains [Repealed]
448 Stormwater may be led into watercourses [Repealed]
449 Channels for stormwater [Repealed]
450 Council may make dams, etc, in watercourses [Repealed]
452 Council may treat and deal with sewage [Repealed]
Powers of council as to drainage outside district
456 Council may drain areas outside district [Repealed]
457 Discontinuance of drainage outside district [Repealed]
Money payable by owners and occupiers
464 Owner may recover proportion of cost of drainage connections from tenant under a lease with not less than 3 years unexpired [Repealed]
Drain protection and protective works
[Repealed]
471 Interpretation [Repealed]
474 General powers of council [Repealed]
475 Regional drainage map [Repealed]
476 Council may treat and deal with sewage [Repealed]
477 Construction of drains on or under roads, etc [Repealed]
478 Diversions, etc, of drain [Repealed]
479 Watercourses [Repealed]
480 Council may charge for regional drainage [Repealed]
481 Instalments of charges for regional drainage [Repealed]
482 Payment of charges [Repealed]
484 Connection of drains outside region [Repealed]
485 Reticulation work [Repealed]
486 Operation of drainage works [Repealed]
487 Unlawful interference with drains [Repealed]
489 Interpretation [Repealed]
490 Councils may undertake trade wastes disposal [Repealed]
492 Making of trade wastes bylaws [Repealed]
493 Offences against trade wastes bylaws [Repealed]
494 Restrictions on rights of local authority to charge in respect of treatment or reception of trade wastes [Repealed]
495 Appeal from assessment of charges [Repealed]
496 Hearing and determination of appeal [Repealed]
498 Discharge of sewage into sewerage drain in accordance with bylaws not to constitute offence [Repealed]
500 Agreements as to disposal of trade wastes [Repealed]
Powers of local authority as to trade wastes disposal outside district
501C Local authority may agree to use trade wastes works under control of other local authority [Repealed]
Control of drainage channels and land drainage works
Powers of councils with respect to land drainage
Removal of obstructions from drainage channels and watercourses
517A This Part subject to Resource Management Act 1991 and Soil Conservation and Rivers Control Act 1941
Transfer petitions and transfer proposals
Implementation of transfer plan
[Repealed]
518 Interpretation [Repealed]
Supply of energy by territorial authorities
520 Supply of energy [Repealed]
521 Gas reticulation [Repealed]
522 Powers in respect of supply of energy [Repealed]
523 Territorial authority may contract with other persons for lighting of roads and for supply of energy [Repealed]
527 Consumer to supply fittings [Repealed]
528 Offences with respect to meters [Repealed]
529 Territorial authority to fix price of energy [Repealed]
531 Recovery of energy charges [Repealed]
533 Territorial authority may advance to occupier of premises cost of installation or conservation of energy [Repealed]
534 When advance not to be a charge on land [Repealed]
535 Savings of agreements [Repealed]
Supply of energy by regional councils or united councils
536A Regional energy planning committee [Repealed]
Agreements for supply of energy
536B Territorial authority, regional council, or united council may enter into arrangements with other bodies for the supply of energy [Repealed]
[Repealed]
537 Interpretation [Repealed]
539 Waste management plan [Repealed]
540 Powers in respect of waste management [Repealed]
540A Collection and disposal of waste [Repealed]
541 Waste management operations and facilities [Repealed]
544 Allocation of costs [Repealed]
545 Meaning of council [Repealed]
549 Interpretation [Repealed]
549A United council and regional council may only act under this Part in response to developments for which it may determine development levy [Repealed]
Development of land for housing
550 Council may acquire land for housing [Repealed]
551 Council may subdivide land [Repealed]
553 Erection of flats and sale of flats [Repealed]
555 Provisions as to leases [Repealed]
556 Leasehold-purchase schemes [Repealed]
558 Repayment of advances and purchase money [Repealed]
560 Sale or lease of land for housing [Repealed]
561 Council may sell or lease surplus land [Repealed]
Advances to financial institutions and guarantees of housing loans
567 Provisions affecting mortgages [Repealed]
569 Mortgages of leases [Repealed]
571 Insurance fund [Repealed]
Commercial and industrial development
572 Development, sale, or lease of land and buildings for commercial or industrial purposes [Repealed]
573 Validity of documents and resolutions [Repealed]
574 Borrowing powers of council [Repealed]
575 Registration of agreements for sale [Repealed]
575A Interpretation [Repealed]
575B Regional councils [Repealed]
576 Power to undertake farming operations [Repealed]
577 Power to establish, tend, and utilise forests [Repealed]
578 Management plans [Repealed]
579 Licences to take forest produce [Repealed]
580 Permits for temporary occupation [Repealed]
581 Licences for grazing and other purposes [Repealed]
582 Improvements effected by licensee [Repealed]
583 Forfeiture of licences and permits [Repealed]
584 Grants for research [Repealed]
585 Grants for destruction of pests or weeds [Repealed]
586 Forest bylaws [Repealed]
586A Interpretation [Repealed]
Conveyance of passengers and goods
589 Person carrying on transport or ferry service may sell undertaking to territorial authority [Repealed]
590 Vehicle-testing stations [Repealed]
Parking places and buildings and transport stations
Information centres and public relations offices
Public relations and public information
593A Power of regional council to engage in public relations and public information activities [Repealed]
594A Commencement [Repealed]
594C Transfer of existing undertaking to local authority trading enterprise where local authorities have majority interest [Repealed]
594D Transfer of existing undertaking to local authority trading enterprise or other entity in which local authority will not have majority interest [Repealed]
594I Establishment units [Repealed]
594J Function of establishment units [Repealed]
594K Establishment plan [Repealed]
Principal objective of local authority trading enterprise
594QA Scope of operation of local authority trading enterprises that are passenger transport companies or that may receive payments for land transport related projects [Repealed]
594R Directors and their role [Repealed]
594S Statement of corporate intent [Repealed]
594T Contents of statement of corporate intent [Repealed]
594U Completion of statement of corporate intent [Repealed]
594Y Savings of certain transactions [Repealed]
594Z Reports and accounts [Repealed]
594ZB Public availability of documents [Repealed]
594ZC Auditor-General to be auditor of local authority trading enterprises and subsidiaries [Repealed]
594ZG Obligation to lodge caveat [Repealed]
594ZH Exclusion of Public Bodies Leases Act 1969 [Repealed]
594ZI Liabilities in respect of undertakings [Repealed]
594ZJ Certain matters not affected by transfer of undertaking to local authority trading enterprise [Repealed]
594ZK Consequential provisions on transfer of undertaking to local authority trading enterprise [Repealed]
594ZL Stamp duty exemption [Repealed]
594ZN Uses deemed to be permitted uses [Repealed]
594ZP Prohibition on guarantees, etc [Repealed]
594ZQ Interpretation [Repealed]
594ZU Regional council not to have interest in passenger transport undertaking or operation [Repealed]
594ZUA Unitary authority not to have interest in passenger transport undertaking or operation after 30 June 1992 [Repealed]
594ZV Divestment units [Repealed]
594ZW Function of divestment units [Repealed]
594ZX Divestment plan [Repealed]
594ZY Sale to territorial authorities [Repealed]
594ZZE Public availability of documents [Repealed]
594ZZG Financial assistance to be identified [Repealed]
594ZZH Repayment of financial assistance [Repealed]
594ZZJ Supply of information [Repealed]
594ZZK Uses deemed to be permitted uses [Repealed]
596 Particular powers of territorial authority with respect to public health and well-being [Repealed]
597 Medical practitioners' surgeries [Repealed]
597A Interpretation [Repealed]
598 Council may promote community welfare [Repealed]
602 Information services [Repealed]
604 Interpretation [Repealed]
605 Council may provide or contribute towards establishment and maintenance of community centres [Repealed]
606 Community centre areas [Repealed]
607 Joint community centre area [Repealed]
608 Control and management of community centre [Repealed]
610 Electors may petition for and participate in poll relating to uniform fee for community centre [Repealed]
611 Charge on certain rateable property [Repealed]
615 Powers conferred by other Acts not affected [Repealed]
616 Construction or maintenance of boat haven [Repealed]
619A Auckland catchment land [Repealed]
619B Auckland regional parks and reserves [Repealed]
619C Wellington regional parks [Repealed]
619D Management plans for regional parks [Repealed]
619E Contents of management plans [Repealed]
619G Public notice of draft management plan [Repealed]
619I Review and change of management plans [Repealed]
Tree planting, gardens, and lawns
620 Council may expend money for tree planting [Repealed]
621 Gardens and lawns [Repealed]
622 Council defined [Repealed]
Dangerous, deserted and dilapidated buildings
[Repealed]
623 Powers of council with respect to dangerous, deserted, ruinous, and dilapidated buildings [Repealed]
624 Powers of council with respect to buildings likely to be dangerous in moderate earthquake [Repealed]
625 Appeal to High Court [Repealed]
626 Cost incurred to be a charge on land [Repealed]
[Repealed]
627 Interpretation [Repealed]
629 Register of licensed buildings [Repealed]
630 Inspection of licensed buildings [Repealed]
632 Regulations for protection of public from danger from fire or other emergency in theatres, etc [Repealed]
633 Cancellation or suspension of licence [Repealed]
634 Penalty for using unlicensed building [Repealed]
Apartment buildings and residential institutions
[Repealed]
Fire prevention and safety in factories
636B Interpretation [Repealed]
636C Application to the Crown [Repealed]
636D Factories to have fire-safety certificates [Repealed]
636E Changes to factory premises, staffing, or activities after fire-safety certificate issued [Repealed]
636G Provision of fire-fighting equipment [Repealed]
636H Powers of entry and inspection to ensure compliance with fire bylaws and requirements [Repealed]
636I Objections against notices or requirements [Repealed]
636J Appeals against notices or requirements [Repealed]
636N Power to order contravention to be remedied [Repealed]
636O Procedure relating to offences [Repealed]
637 Overcrowding of buildings [Repealed]
638 Illegal occupation of building [Repealed]
639 Removal of building illegally erected, etc [Repealed]
641 Refusal of building permit [Repealed]
641A Power to issue building permit where land subject to erosion, subsidence, slippage, or inundation [Repealed]
641B Giving of security [Repealed]
641C Objections and appeals [Repealed]
641D Notification to the Crown [Repealed]
642 Temporary buildings [Repealed]
644A Interpretation [Repealed]
644B Council may undertake urban renewal [Repealed]
644C Notice of urban renewal to be given [Repealed]
644E Advances by council to owners [Repealed]
644F Acquisition of land by council where house unfit for habitation or area below minimum [Repealed]
645 Council defined [Repealed]
646 Fire prevention [Repealed]
649 Council to make bylaws in respect of prevention of spread of fires involving vegetation [Repealed]
651 Council defined [Repealed]
652 Council may provide market places [Repealed]
653 Council may fix market charges [Repealed]
654 Recovery of market charges [Repealed]
655 Council may provide public weighing machines [Repealed]
656 Powers of council with respect to harbour works to be exercised subject to Harbours Act 1950 [Repealed]
Telegraphs, telephones, and electric lines
657 Telegraphs and telephones [Repealed]
658 Underground telephone and electric lines [Repealed]
659 Council may sell coal, coke, and firewood [Repealed]
660 Road metal and lime [Repealed]
661 Stock dips [Repealed]
662 Stock paddocks [Repealed]
668 Powers of territorial authority as to improvement and development works in communities [Repealed]
670 Order for execution of private works [Repealed]
671 Duties of occupier [Repealed]
675 Grants and advances for conversion of domestic fires or installation of electric domestic heating [Repealed]
675A [Repealed]
677 Recovery of cost of works by council [Repealed]
678 Amounts payable in respect of private land [Repealed]
679 This Part to be subject to Bylaws Act 1910 [Repealed]
680 Application of Part 43 [Repealed]
681 Procedure for making bylaws [Repealed]
682 General provisions as to bylaws [Repealed]
683 Penalty for breach of bylaws [Repealed]
684A Effect of Building Act 1991 on bylaws [Repealed]
685 Licences to hawkers and pedlars [Repealed]
688 Metric conversions of bylaws [Repealed]
689 Council to provide copies of bylaws [Repealed]
691 Regulations applying to outlying islands not included in district of territorial authority [Repealed]
692 Removal of works executed contrary to bylaws [Repealed]
692A Interpretation [Repealed]
692B Commissioner for Disaster Recovery [Repealed]
692C Deputy Commissioner for Disaster Recovery [Repealed]
692D Functions of Commissioner [Repealed]
692E Commissioner to exercise and perform powers, functions, and duties of local authority [Repealed]
692K Remuneration and expenses [Repealed]
692L Interpretation [Repealed]
692M Power of Minister to initiate review [Repealed]
692N Requirement to consult [Repealed]
692O Decision in relation to reviews [Repealed]
692P Appointment of review authority [Repealed]
692Q Notice of review to be published in Gazette [Repealed]
692R Remuneration [Repealed]
692T Action on receipt of report [Repealed]
692U Implementation of recommendations [Repealed]
692X Membership of commission [Repealed]
692Y Powers of commission [Repealed]
692Z General provisions relating to commission [Repealed]
692ZB Publication of report [Repealed]
692ZC Interpretation [Repealed]
692ZD Application for removal order [Repealed]
692ZE Evidence of convictions [Repealed]
692ZF Form of removal order [Repealed]
692ZG Notice of objection [Repealed]
692ZH Vexatious objections [Repealed]
692ZI Court may confirm, vary, or discharge order [Repealed]
692ZJ Appeal to High Court final [Repealed]
692ZK Compliance with removal order [Repealed]
692ZM Relationship with Fencing Act 1978 [Repealed]
692ZN Rules of Court [Repealed]
696 Coat of Arms [Repealed]
701 Proceedings in District Court, etc [Repealed]
702 Service of legal proceedings on council [Repealed]
705 Recovery of debts [Repealed]
Recovery of losses incurred by local authorities
706C Members of local authority liable for loss [Repealed]
707 Council may make compositions [Repealed]
707B Interpretation [Repealed]
707C Membership of Auckland Regional Authority [Repealed]
707D Auckland Regional Authority elections [Repealed]
707E Extraordinary vacancies [Repealed]
707F Compilation of electoral roll [Repealed]
707G Roll to be available for public inspection [Repealed]
707I Completion of roll [Repealed]
707J Amendments to roll [Repealed]
707K When roll in force [Repealed]
707L Proof of roll [Repealed]
707M Roll for by-elections [Repealed]
Part 44B
Auckland Regional Services Trust
[Repealed]
707N Interpretation [Repealed]
Auckland Regional Services Trust
707O Constitution of Trust [Repealed]
707P Establishment of Trust [Repealed]
Transfer of specified assets and specified liabilities to trust
707Q Preparation of plan for vesting of specified assets and specified liabilities in Trust [Repealed]
707QA Special provisions in relation to transfers of assets and liabilities to Watercare Services Limited and Regional Forests Limited [Repealed]
707QB Prohibition on sale or other disposition of water services assets and shares in Watercare Services Limited [Repealed]
707R Vesting of assets and liabilities in Trust [Repealed]
707S Certain matters not affected by transfer of specified assets or specified liabilities to Trust [Repealed]
707T Provisions relating to transfer of specified assets and specified liabilities to Trust [Repealed]
707U Transfer of regulatory powers not authorised [Repealed]
707UA Divestment of assets in transport-related enterprises to be subject to Part 34B of this Act [Repealed]
707V Stamp duty exemption [Repealed]
707X Taxes and duties [Repealed]
707Y Uses deemed to be permitted uses [Repealed]
707ZA Obligation to lodge caveat [Repealed]
707ZB Exclusions [Repealed]
707ZD Continuous service of transferred employees [Repealed]
707ZE Maintenance of conditions of employment [Repealed]
707ZF Water services [Repealed]
707ZG Refusal disposal sites [Repealed]
707ZJ Functions of Trust [Repealed]
707ZJA Functions in relation to America's Cup [Repealed]
707ZJB Management of assets [Repealed]
707ZJD Power to dispose of assets [Repealed]
707ZJE Effect of sections 707ZJA to 707ZJD [Repealed]
707ZL Election of members of Trust [Repealed]
707ZM First election of members [Repealed]
707ZN Special provision in respect of appointment by Auckland Regional Council of chief executive of Trust [Repealed]
707ZO Conduct of affairs [Repealed]
707ZP Annual report to public concerning plans [Repealed]
707ZR Audit Office to be auditor [Repealed]
707ZT Establishment costs [Repealed]
707ZU Application of revenue [Repealed]
707ZV Rating for funding of Trust [Repealed]
707ZW Establishment of Community Trust [Repealed]
707ZY Disqualification from appointment [Repealed]
707ZZ Term of appointment [Repealed]
707ZZA Purposes of Community Trust [Repealed]
707ZZB Financial statements [Repealed]
707ZZC Trustees to hold public meeting [Repealed]
707ZZD Matters to be included in trust deed [Repealed]
707ZZF Application of Trustee Act 1956 [Repealed]
707ZZG Duty to act in furtherance of this Part [Repealed]
707ZZH Commencement [Repealed]
707ZZI Interpretation [Repealed]
707ZZJ Constitution of Infrastructure Auckland [Repealed]
707ZZN Additional special obligation of Infrastructure Auckland in respect of Ports of Auckland Limited [Repealed]
707ZZO Membership of Infrastructure Auckland [Repealed]
707ZZQ Statement of corporate intent [Repealed]
707ZZR Transport-related enterprises [Repealed]
707ZZS Electoral College [Repealed]
707ZZT Functions of Electoral College [Repealed]
707ZZV Members of Electoral College [Repealed]
707ZZW Alternate members of Electoral College [Repealed]
707ZZX Chairperson of Electoral College [Repealed]
707ZZY Meetings of Electoral College [Repealed]
707ZZZ Infrastructure Auckland deed [Repealed]
707ZZZA Contents of Infrastructure Auckland deed [Repealed]
707ZZZB Longterm funding plan [Repealed]
707ZZZC Proceedings of Infrastructure Auckland [Repealed]
707ZZZD Conduct of affairs [Repealed]
707ZZZE Annual plan [Repealed]
707ZZZF Annual policy in relation to grants [Repealed]
707ZZZG Annual report [Repealed]
707ZZZH Exemption for listed companies [Repealed]
707ZZZI Functions in relation to America's Cup [Repealed]
707ZZZJ Obligation to report annually on assets [Repealed]
707ZZZK Power to dispose of shares [Repealed]
Dissolution of Auckland Regional Services Trust
707ZZZLA Transfer of money subject to trust [Repealed]
707ZZZM Taxes and duties [Repealed]
707ZZZO Obligation to lodge caveat [Repealed]
Dissolution of regional treasury management limited
707ZZZX Taxes and duties [Repealed]
707ZZZY Certain matters not affected by this Part [Repealed]
707ZZZZ Provisions relating to vesting of assets and liabilities in Infrastructure Auckland [Repealed]
707ZZZZC Membership of Infrastructure Auckland in period beginning on 1 July 1999 and ending with 31 December 1999 [Repealed]
707ZZZZD Membership of Infrastructure Auckland in period beginning on 1 January 2000 and ending with 30 June 2001 [Repealed]
707ZZZZE Power to resign [Repealed]
707ZZZZF Extraordinary vacancies [Repealed]
707ZZZZG Chairperson of Infrastructure Auckland [Repealed]
708 Works on private land [Repealed]
708A Power of entry [Repealed]
709 Examination of appliances and equipment [Repealed]
Prohibition of vehicles and consumption or possession of liquor in public places
709A Prohibition of vehicles and consumption or possession of intoxicating liquor in public place [Repealed]
709B Interpretation [Repealed]
709F Public notice [Repealed]
709H Powers of arrest, search, and seizure [Repealed]
710 Authority to act [Repealed]
711 Penalty for acting without warrant [Repealed]
712 Resignations from office [Repealed]
713 Chairman compellable to give information [Repealed]
715 Delegation of powers by council [Repealed]
716 Delegation of powers by officers [Repealed]
716A Special consultative procedure [Repealed]
716B Special orders [Repealed]
716C Evidence of special order [Repealed]
718 Application of Act to County of Fiord [Repealed]
719 In certain cases Governor-General may validate proceedings or may extend time for doing anything [Repealed]
722 Annual report [Repealed]
723 Regulations [Repealed]
724 Application of Act to Crown [Repealed]
725 Consequential amendments [Repealed]
726 Repeals, revocation, and savings [Repealed]
[Repealed]
Schedule 2
Matters which (where applicable) Local Government Commission shall provide for in reorganisation scheme in addition to matters specified in section 35(1)
[Repealed]
Schedule 3
Payments on transfer of trading undertaking from a territorial authority to a regional or united council
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Schedule 9
Tenders and contracts
[Repealed]
[Expired]
Schedule 14
Provisions as to constructing or maintaining waterworks, drainage works, trade wastes systems, and drainage channels, and laying gas pipes or electricity cables, and erecting poles on roads and works not under the control of the Council
Schedule 17
Acts under which functions, powers, and duties are conferred or imposed on Minister of Local Government and Secretary for Local Government
[Repealed]
[Repealed]
Schedule 19
Enactments repealed
[Repealed]
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) 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.
(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 pub