New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 December 2009
| Public Act | 2002 No 84 |
| Date of assent | 24 December 2002 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Internal Affairs.
6 Meaning of council-controlled organisation and council organisation
Part 2
Purpose of local government, and role and powers of local authorities
Subpart 1—Purpose of local government
10 Purpose of local government
Subpart 2—Role of local authorities and related matters
13 Performance of functions under other enactments
14 Principles relating to local authorities
Subpart 3—Co-ordination of responsibilities of local authorities
16 Significant new activities proposed by regional council
17 Transfer of responsibilities
Subpart 4—Minister and Secretary
18 Responsibilities, powers, and duties of Minister
Part 3
Structure and reorganisation of local government
Subpart 1—Structure of local government
22 Minister is territorial authority in certain cases
23 Description of local government
Subpart 2—Reorganisation of local authorities
25 Order in Council to give effect to reorganisation schemes
26 Power to amend reorganisation schemes
27 Application to be called city council or district council
Subpart 3—Local Government Commission
28 Local Government Commission
29 Commission is body corporate with full powers
30 Functions and powers of Commission
31 Report to Minister on matters relating to local government
32 Review of operation of Act and Local Electoral Act 2001
34 Commission is Commission of Inquiry
36 Further provisions relating to Commission and its proceedings
37 Appeals against decisions of Commission
Part 4
Governance and management of local authorities and community boards
40 Local governance statements
Governing bodies and chief executives
43 Certain members indemnified
44 Report by Auditor-General on loss incurred by local authority
45 Local authority to respond to Auditor-General
46 Members of local authority liable for loss
47 Members may be required to pay costs of proceeding in certain cases
48 Further provisions of Schedule 7
49 Establishment of community boards
50 Membership of community boards
54 Application of other provisions to community boards
Part 5
Council-controlled organisations and council organisations
56 Consultation required before council-controlled organisation established
58 Role of directors of council-controlled organisations
59 Principal objective of council-controlled organisation
60 Decisions relating to operation of council-controlled organisations
61 Certain goods and services to be supplied under purchase contracts
62 Prohibition on guarantees, etc
63 Restriction on lending to council-controlled trading organisation
64 Statements of intent for council-controlled organisations
68 Content of reports on operations of council-controlled organisations
69 Financial statements and auditor's report
70 Auditor-General is auditor of council-controlled organisations
71 Protection from disclosure of sensitive information
71A Application of Part to listed companies
72 Application of Act to related companies
73 Transfer of undertakings to council-controlled organisations
Part 6
Planning, decision-making, and accountability
Subpart 1—Planning and decision-making
77 Requirements in relation to decisions
78 Community views in relation to decisions
79 Compliance with procedures in relation to decisions
80 Identification of inconsistent decisions
81 Contributions to decision-making processes by Māori
83 Special consultative procedure
83A Combined or concurrent consultation
84 Special consultative procedure in relation to long-term council community plan
85 Use of special consultative procedure in relation to annual plan
86 Use of special consultative procedure in relation to making, amending, or revoking bylaws
87 Other use of special consultative procedure
88 Use of special consultative procedure in relation to change of mode of delivery of significant activity
91 Process for identifying community outcomes
92 Obligation to report against community outcomes
93 Long-term council community plan
94 Audit of long-term council community plan
96 Effect of resolution adopting long-term council community plan or annual plan
97 Certain decisions to be taken only if provided for in long-term council community plan
99 Audit of information in annual report and summary
Subpart 3—Financial management
100 Balanced budget requirement
102 Funding and financial policies
103 Revenue and financing policy
104 Liability management policy
106 Policy on development contributions or financial contributions
107 Policy on partnerships with private sector
108 Policy on remission and postponement of rates on Māori freehold land
111 Information to be prepared in accordance with generally accepted accounting practice
Subpart 4—Borrowing and security
113 Prohibition on borrowing in foreign currency
116 Register of charges maintained by local authority
119 Good faith in relation to protected transactions
120 Saving provision in respect of power of court
121 The Crown not liable for debts
122 Prospectuses and loan documents to contain statement that the Crown does not guarantee securities or loan
Part 7
Specific obligations and restrictions on local authorities and other persons
Subpart 1—Specific obligations to make assessments of water and sanitary services
125 Requirement to assess water and other sanitary services
126 Information required in assessment of water services
127 Information required in assessment of sanitary services
128 Process for making assessments
129 Extent of information in assessments
Subpart 2—Obligations and restrictions relating to provision of water services
130 Obligation to maintain water services
Closure or transfer of small water services
131 Power to close down or transfer small water services
132 Eligibility to vote in referendum
133 Responsibility for conduct of referendum
134 Criteria for closure of water service
135 Criteria for transfer of water service
Contracting out of water services
136 Contracts relating to provision of water services
Joint local government arrangements and joint arrangements with other entities
137 Joint local government arrangements and joint arrangements with other entities
Subpart 3—Restrictions on disposal of parks, reserves, and endowment properties
138 Restriction on disposal of parks (by sale or otherwise)
139 Protection of regional parks
139A Further provision in relation to regional parks
140 Restrictions on disposal of endowment property
141 Conditions applying to sale or exchange of endowment property
142 Obligation to provide free membership of libraries
Part 8
Regulatory, enforcement, and coercive powers of local authorities
Subpart 1—Powers of local authorities to make bylaws
Powers of territorial authorities to make bylaws
145 General bylaw-making power for territorial authorities
146 Specific bylaw-making powers of territorial authorities
147 Power to make bylaws for liquor control purposes
148 Special requirements for bylaws relating to trade wastes
Power of regional councils to make bylaws
149 Power of regional councils to make bylaws
Power of local authorities to prescribe fees
150 Fees may be prescribed by bylaw
General provisions applying to bylaws made by a local authority
151 General provisions applying to bylaws made under this Act
152 Effect of Building Act 2004 on bylaws
The Crown bound by certain bylaws
153 The Crown bound by certain bylaws
155 Determination whether bylaw made under this Act is appropriate
156 Special consultative procedure must be used in making, amending, or revoking bylaw made under this Act
157 Public notice of bylaws and availability of copies
Review of bylaws made under this Act or the Local Government Act 1974
158 Review of bylaws made under this Act or the Local Government Act 1974
159 Further reviews of bylaws every 10 years
160 Procedure for and nature of review
160A Bylaw not reviewed within specified time frame revoked
Transfer of bylaw-making power
161 Transfer of bylaw-making power
162 Injunctions restraining commission of offences and breaches of bylaws
163 Removal of works in breach of bylaws
164 Seizure of property not on private land
165 Seizure of property from private land
166 Conditions for exercise of warrant to seize property on private land
167 Return of property seized and impounded
168 Power to dispose of property seized and impounded
Powers of arrest, search, and seizure in relation to liquor
169 Powers of arrest, search, and seizure in relation to bylaw prohibiting liquor in public place
170 Conditions relating to power of search
172 Power of entry for enforcement purposes
173 Power of entry in cases of emergency
175 Power to recover for damage by wilful or negligent behaviour
176 Costs of remedying damage arising from breach of bylaw
Administration of enforcement functions
177 Appointment of enforcement officer
Powers of enforcement officers
178 Enforcement officers may require certain information
Administration of enforcement may be contracted out
179 Contracting out administration of enforcement
Enforcement of regional council bylaws
180 Enforcement and administration of regional council bylaws
Subpart 3—Powers in relation to private land
181 Construction of works on private land
182 Power of entry to check utility services
Powers relating to owners and occupiers of land
184 Rights and obligations if notice given under section 183(1)
185 Occupier may act if owner of premises makes default
186 Local authority may execute works if owner or occupier defaults
187 Recovery of cost of works by local authority
188 Liability for payments in respect of private land
Compulsory acquisition of land
190 Compensation payable by local authority for land taken or injuriously affected
191 Local authority not authorised to create nuisance
Subpart 4—Powers in relation to water services and trade wastes
193 Power to restrict water supply
194 Power to stop water services [Repealed]
Discharge of sewage and trade wastes
Subpart 5—Development contributions
Contributions may be required by territorial authorities
198 Power to require contributions for developments
199 Basis on which development contributions may be required
Conditions relevant to requirement for contributions
200 Limitations applying to requirement for development contribution
Development contributions policy
201 Contents of development contributions policy
202 Contents of schedule to development contributions policy
203 Maximum development contributions not to be exceeded
Use of development contributions
204 Use of development contributions by territorial authority
205 Use of development contributions for reserves
206 Alternative uses of development contributions for reserves
207 Power to use money collected and held under Local Government Act 1974 or Resource Management Act 1991
Powers to recover unpaid development contributions
208 Powers of territorial authority if development contributions not paid or made
Refund of development contributions
209 Refund of money and return of land if development does not proceed
210 Refund of money or return of land if not applied to specified reserve purposes
213 Application of District Courts Rules to removal orders
214 Scope of rules made under section 213
215 Application for removal order
216 Circumstances when court may make removal order
Objection to making of removal order
218 Consideration of objections
219 Appeal to High Court final
220 Compliance with removal order
221 Limits to power of entry to enforce compliance
Application of certain other Acts
222 Provisions of Resource Management Act 1991 and Building Act 2004 continue to apply
223 Relationship with Fencing Act 1978
Part 9
Offences, penalties, infringement offences, and legal proceedings
224 Offence relating to water wastage
225 Offences relating to waterworks and network assets of Watercare Services Limited
226 Liability for cost of damage
Offences relating to water meters
227 Offences relating to water meters
Offences relating to water races and private drains
228 Offences relating to water races
Offence relating to obstruction of enforcement officers and others
229 Obstruction of enforcement officers or agents of local authority
Offences by occupiers or owners
231 Offences in relation to notices sent to occupiers or owners
Offences relating to property damage
232 Damage to local authority works or property
233 Offence relating to advertising
234 Unauthorised use of coat of arms
Offences committed by members and officers of local authorities
235 Offences by members of local authorities
236 Penalty for acting without warrant
Offences committed by members and officers of Remuneration Authority
237 Offence by member or officer of Remuneration Authority
238 Offence of failing to comply with Act
239 Offences punishable on summary conviction
240 Defence to offences under this Act
Information laid by local authority
Subpart 3—Infringement offences
244 Proceedings for infringement offences
245 Issue of infringement notices
246 Entitlement to infringement fees
247 Proceedings in District Court
248 Judges not disqualified for being ratepayers
249 Representation of local authority in proceedings
250 Service of legal proceedings on local authority
251 Evidence of ownership, vesting, or control
Part 10
Powers of Minister to act in relation to local authorities
Powers if local authority not performing
254 Minister may appoint review authority
255 Minister may appoint Commissioner to perform and exercise powers and duties of local authority or call general election
256 Minister may appoint person to act on behalf of local authority, or initiate review
257 Election called by Minister
Powers in relation to disaster recovery
258 Appointment of Commissioner and Deputy Commissioners for Disaster Recovery
Part 11
Regulations and other Orders in Council
260 Amendment of Schedule 2 by Order in Council
261 Circumstances when Order in Council may extend time or validate action taken
Part 12
Consequential amendments, repeals, revocations, transitional provisions, and savings
Consequential amendments, repeals, and revocations
264 Amendment to Personal Property Securities Act 1999
265 New Schedule added to Receiverships Act 1993
267 Repeal of enactments relating to special consultative procedure
268 Repeal of Local Government (Prohibition of Liquor in Public Places) Amendment Act 2001
269 Repeal of spent local Acts
270 Repeal of provisions relating to regional parks of Wellington Regional Council
271 Lake Taupo Regulations 1976
274 First local governance statement
275 First policy on appointment of directors
276 First statement of intent and report and accounts of existing local authority trading enterprises
277 First statement of intent of other council-controlled organisations
278 First policy on significance
279 Long-term council community plan
280 Long-term council community plan for period beginning on 1 July 2006
282 Certain decisions to be taken only if provided for in annual plan or special consultative procedure used
285 First assessment of water and sanitary services
287 Special consultative procedure
288 Decision-making processes commenced before enactment
289A Special orders on or after 1 July 2003
295 Communities and community boards
299 Borrowing from sinking fund
300 Cancellation of part of loan in respect of which sinking fund is held
301 Consent required for release of sinking fund
302 Provisions relating to Public Trust and Board of Trustees of National Provident Fund
303 Public Bodies Leases Act 1969
304 Sale of land purchased for commercial or industrial purposes
305 Local Authorities (Employment Protection) Act 1963
306 Local Authorities Loans Act 1956
310 Saving in respect of bylaws of Transit New Zealand
311 Savings in respect of bylaws made in respect of government roads
312 Savings and validation in respect of remuneration, allowances, and expenses of elected members
313 Saving in respect of Infrastructure Auckland
314 Prohibition of vehicles and consumption or possession of intoxicating liquor in public place
Schedule 1
Acts under which responsibilities, powers, and duties are conferred or imposed on Minister of Local Government and Secretary for Local Government
Schedule 3
Reorganisation of local authorities
Schedule 4
Provisions relating to Local Government Commission and its proceedings
Schedule 5
Appeals against decisions of Local Government Commission
Schedule 6
Constitution of communities
Schedule 7
Local authorities and community boards, and their members
Schedule 8
Statements of intent
Schedule 9
Council-controlled organisations and transfer of undertakings
Schedule 10
Council plans and reports
Schedule 11
Matters relating to rates relief on Māori freehold land
Schedule 12
Conditions of constructing or undertaking works on private land without the owner's consent
Schedule 13
Methodology for calculating development contributions
Schedule 14
Procedure for making removal orders
Schedule 16
Consequential amendments
Schedule 17
New Schedule of Receiverships Act 1993
Schedule 18
Enactments repealed
Schedule 19
Local Acts repealed
Schedule 20
Orders in Council revoked
Local Government Act 2002 Amendment Act 2006
Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008