New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 21 December 2010
| Public Act | 2010 No 37 |
| Date of assent | 14 June 2010 |
| 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.
4 Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989
Part 1
Savings, transitional provisions, and related matters (except employment)
8 Relationship between this Part and other enactments
Subpart 2—Savings and transitional provisions relating to Auckland Council and its subsidiaries
Council governance and framework
9 Prohibition on reorganisation proposals affecting Auckland until after October 2013 triennial general elections
10 October 2013 triennial general elections to be conducted using First Past the Post
First steps for board established by Part 7 of Local Government (Auckland Council) Act 2009
11 First steps for board established by Part 7 of Local Government (Auckland Council) Act 2009
Moratorium on sale of certain Council property
12 Moratorium on sale of certain Council property
Existing directors and board members of council-controlled organisations and council organisations
13 Existing directors and board members of council-controlled organisations and council organisations
Council-controlled organisations
14 Half-yearly report replaced with 4-month report
15 Auckland Regional Holdings [Spent]
16 Council dealings with directors of council-controlled organisations appointed under Reorganisation Act
17 Watercare Services Limited treated as local government organisation
18 Obligations on Watercare Services Limited until 30 June 2012
20 Statement of corporate intent
21 Completion of statement of corporate intent
23 Members, local board members, and employees of Auckland Council must not be directors of Watercare Services Limited
24 Restrictions on form and asset ownership of Watercare Services Limited
25 Watercare Services Limited to administer and enforce trade waste bylaws
26 Offences for breach of Auckland Regional Council Trade Waste Bylaw 1991
27 Requiring authority status of Watercare Services Limited
Acquisition of shareholding in Auckland International Airport Limited
28 Exemption from Takeovers Code in relation to Auckland International Airport Limited shares
29 District valuation roll, rating information database, and rates records
31 Consolidation of charges on rates
32 Council authorised to collect and deal with balance of rating matters for 2010/2011 and previous financial years
Rates for 2011/2012 financial year
33 Rates for 2011/2012 financial year
34 Wastewater rate for 2011/2012 financial year
35 Council otherwise prohibited from setting rates for 2011/2012 financial year
36 Application of Local Government (Rating) Act 2002 to rates for 2011/2012 financial year
Payment of rates for 2010/2011 and 2011/2012 financial years
37 Payment of rates for 2010/2011 and 2011/2012 financial years
General rate for 2012/2013 financial year
38 General rate for 2012/2013 financial year must be set using capital value of land
Mechanism to adjust significant changes resulting from Council moving to single rating system
39 Purpose of sections 40 to 43
41 Council may have rates transition management policy for 3-year period commencing 1 July 2012
42 How Council must apply rates transition management policy
43 Local Government (Rating) Act 2002 otherwise applies
Planning document prepared by Transition Agency
45 Planning document treated as satisfying sections 93 and 95 of Local Government Act 2002
46 Policies included in planning document treated as policies of Council
47 Certain policies have effect only in former districts and must be replaced by 30 June 2012
48 Allocation in planning document of decision-making responsibility for non-regulatory activities of Council
First local board plans and agreements
50 First local board agreements
Reports prepared by existing local authorities under section 29C of Reorganisation Act
51 Reports prepared by existing local authorities under section 29C of Reorganisation Act
Reports prepared by terminating organisations under section 40 of Reorganisation Act
52 Reports prepared by terminating organisations under section 40 of Reorganisation Act
53 Development contributions required by existing local authorities
54 Interim development contributions policies
55 Development contributions for certain infrastructure transferred to Watercare Services Limited
56 Limitations on requiring further contribution for water supply or wastewater services infrastructure
57 Development contributions for transport infrastructure
58 Financial contributions already made or owed to existing local authorities
59 Financial contributions for certain infrastructure transferred to Watercare Services Limited
60 Prohibition on requiring contribution for certain infrastructure of Watercare Services Limited
61 Bylaws about Auckland transport system that are transport-related
63 Bylaws about matters other than transport and solid waste
Policies of existing local authorities
64 Policies that are transport-related
65 Policies that are not transport-related
66 Statutory warrants relating to transport law
67 Statutory warrants relating to law other than transport law
70 Delegations (other than in relation to Resource Management Act 1991)
71 Delegations under Resource Management Act 1991
72 Delegations by New Zealand Transport Agency to existing local authority
Civil defence emergency management
74 Civil defence emergency management
75 Fire authority appointments
76 Council may direct Principal Rural Fire Officer to also perform functions in other districts
77 Section 81 of Resource Management Act 1991 does not apply to areas included within Auckland
79 Designations of existing local authorities that relate to transport activities
80 Auckland regional growth strategy
81 Appeals against change or variation under Local Government (Auckland) Amendment Act 2004
82 Existing regional land transport programme and regional land transport strategy for Auckland continue in effect
Establishment of Pacific and Ethnic Advisory Panels for Auckland
86 Establishment of Pacific and Ethnic Advisory Panels for Auckland
Remuneration Authority determination
87 Remuneration Authority determination
88 Effect of dissolution of existing local authorities on regional facilities Acts
Subpart 3—Savings and transitional provisions relating to local authorities other than Auckland Council
90 Annual plans for 2011/2012 financial year
91 Regional land transport programme
93 Section 81 of Resource Management Act 1991 applies
95 Franklin District Council development contributions not transferred to Auckland Council
96 Hauraki District Council and Waikato District Council may require schedule development contributions
Part 2
Transitional provisions relating to employment
Subpart 2—Review of employment positions
100 Review of employment positions
101 Transfer of employment positions
102 Employees who neither accept nor decline offer of position that is not same or substantially similar or position at different location
Subpart 3—Redundancy and other compensation
103 Employees not entitled to redundancy or other compensation just because position or employer ceases to exist
104 Whether employees entitled to redundancy or other compensation
105 Compensation if employee accepts position at new location
106 Compensation deferred if permanent employee accepts fixed term employment
107 Which employer responsible for paying compensation
109 KiwiSaver Act 2006 does not apply to transferred employee
110 Application of Part 6A of Employment Relations Act 2000
Subpart 5—Collective bargaining and collective agreements
111 Collective bargaining before 1 November 2010 for variation of collective agreement or for new collective agreement to come into force on that date
112 Application of existing collective agreements on and from 1 November 2010
114 Repeal of Auckland Metropolitan Drainage Act 1960
