Local Government Act 1974

Reprint as at 1 January 2014

Local Government Act 1974

Public Act1974 No 66
Date of assent8 November 1974
Commencementsee section 1

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.


Contents

Title

1 Short Title and commencement

2 Interpretation

2A Functions, powers, and duties of Minister of Local Government [Repealed]

2B Secretary for Local Government [Repealed]

Part 1
The Local Government Commission

[Repealed]

The Commission

[Repealed]

3 Local Government Commission [Repealed]

4 Term of office of members [Repealed]

5 Extraordinary vacancies [Repealed]

6 Deputies of members [Repealed]

7 Deputy chairman [Repealed]

8 Temporary members [Repealed]

8A Committees [Repealed]

9 Meetings [Repealed]

10 Remuneration, allowances, and expenses [Repealed]

11 Commission may co-opt specialist advice [Repealed]

11A Power of Commission to engage consultants [Repealed]

12 Officers of Commission [Repealed]

13 Commission to be a commission of inquiry [Repealed]

14 Evidence in proceedings before Commission [Repealed]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

[Repealed]

15 Functions of Commission [Repealed]

15A Object [Repealed]

15B Duty of Commission to prepare final reorganisation schemes [Repealed]

15C Power of Commission to confirm, in respect of any part of New Zealand, the existing system of local government [Repealed]

15D Commission's obligation to give priority to preparation of final reorganisation schemes [Repealed]

15E Procedures for preparing final reorganisation schemes [Repealed]

16 Commission may direct investigations [Repealed]

Regional schemes

[Repealed]

17 Regional schemes [Repealed]

18 Procedure for preparation of regional schemes [Repealed]

19 Holding of public meetings [Repealed]

20 Notice of provisional regional scheme [Repealed]

21 Objections to provisional regional scheme [Repealed]

22 Final regional scheme [Repealed]

23 Notice of final regional scheme [Repealed]

24 Minister may refer final regional scheme back to Commission for reconsideration [Repealed]

Reorganisation schemes

[Repealed]

25 Matters which may be included in reorganisation schemes [Repealed]

26 Initiation of reorganisation schemes [Repealed]

26A Commission may decide not to proceed with proposal [Repealed]

27 Commission to endeavour to negotiate agreements [Repealed]

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

29 Conduct of survey [Repealed]

30 Action to be taken after survey taken [Repealed]

31 Fate of proposal after survey [Repealed]

32 Public notice of provisional reorganisation scheme [Repealed]

33 Objections to provisional reorganisation scheme [Repealed]

34 Final reorganisation scheme [Repealed]

Matters common to regional and reorganisation schemes

[Repealed]

35 Supplementary provisions for giving effect to schemes [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]

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

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

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

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

37HB Registers [Repealed]

Annual report

[Repealed]

37I Annual report [Repealed]

Part 1A
Purposes and structure of local government

[Repealed]

37J Commencement [Repealed]

37K Purposes of local government [Repealed]

37L Structure of local government [Repealed]

37M Cities [Repealed]

37N Unitary authorities [Repealed]

37O Regional boundaries [Repealed]

37P Territorial authority boundaries [Repealed]

37Q Out-districts [Repealed]

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

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

37S Functions of regional councils [Repealed]

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

37SB Hazardous waste management [Repealed]

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

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

Auckland regional growth strategy

[Repealed]

37SE Auckland regional growth strategy [Repealed]

37SF Copies of regional growth strategy [Repealed]

37SG Regional growth forum [Repealed]

37SH Consultation [Repealed]

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]

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

Part 2AA
Appeals against decisions of Commission

[Repealed]

37ZD Commencement [Repealed]

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

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

37ZK Extension of time [Repealed]

37ZL Date of hearing [Repealed]

37ZM Restriction on appeals [Repealed]

Part 2B
Initiation of reorganisation proposals

[Repealed]

Reorganisation proposals

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

37ZO Initiation of reorganisation proposal [Repealed]

37ZP Procedure for initiation of reorganisation proposal [Repealed]

37ZQ Contents of reorganisation proposal [Repealed]

Criteria

37ZQA Criteria [Repealed]

37ZR Boundaries [Repealed]

37ZRA Membership [Repealed]

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

[Repealed]

37ZS Interpretation [Repealed]

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

37ZU Relevant criteria [Repealed]

Principal local authority

37ZV Designation of principal local authority [Repealed]

37ZW Duties of principal local authority [Repealed]

Submissions

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

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

37ZZ Consideration and hearing of submissions [Repealed]

Decisions

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

37ZZB Procedure where no submissions received [Repealed]

Appeals

37ZZC Appeal against decision of principal local authority [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]

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

37ZZM Notice of decision on appeal [Repealed]

37ZZMA Procedure after appeal [Repealed]

37ZZN Provisions pending determination of appeal [Repealed]

Similar proposals

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

Part 2BB
Consideration of proposals for new districts

[Repealed]

37ZZO Interpretation [Repealed]

37ZZP Minimum populations of districts and regions [Repealed]

37ZZQ Duties of principal administrative officer [Repealed]

37ZZQA Representative of electors [Repealed]

37ZZQB Commission to obtain views [Repealed]

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

37ZZS Consideration of proposal by Commission [Repealed]

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

37ZZT Referral back of proposal [Repealed]

37ZZTA Power to decline resubmitted proposal [Repealed]

Reviews

37ZZTB Reviews [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]

Reorganisation schemes

37ZZU Commission to deal with amended proposal [Repealed]

37ZZV Draft reorganisation schemes [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]

Polls

37ZZZE Polls to be held [Repealed]

37ZZZF Timing of poll [Repealed]

37ZZZG Official result of poll [Repealed]

37ZZZH Fate of proposal after poll [Repealed]

37ZZZHA Power to decline to consider reorganisation proposal [Repealed]

37ZZZI Regulations [Repealed]

Expenditure limits

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]

Part 2BC
Implementation of reorganisation schemes

[Repealed]

37ZZZJ Implementation of reorganisation schemes [Repealed]

37ZZZK Provisions relating to Orders in Council giving effect to reorganisation schemes [Repealed]

37ZZZL Order in Council may set ward and constituency boundaries [Repealed]

37ZZZM Effect of Orders in Council giving effect to reorganisation schemes [Repealed]

37ZZZN Power to amend basis of certain rates [Repealed]

37ZZZO Power to amend reorganisation schemes [Repealed]

Miscellaneous provisions

37ZZZP No compensation payable where function transferred [Repealed]

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

37ZZZR Registers [Repealed]

37ZZZS Prohibition in respect of requests and recommendations under other enactments [Repealed]

Part 2
Regions, territorial districts, and communities

[Repealed]

38 This Part to be read subject to Part 1 [Repealed]

39 Application of this Act [Repealed]

Regions and regional and united councils

[Repealed]

40 Constitution, alteration, union, and abolition of regions [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]

46 Alteration of allocation of appointments to united councils [Repealed]

46A Joint appointments to united council [Repealed]

Constitution of districts of territorial authorities

47 Interpretation [Repealed]

48 Constitution, alteration, and union of districts [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]

Councils of districts

[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]

56D Ward system where members of territorial authority elected on ward system in 1983 [Repealed]

Constitution of communities

[Repealed]

57 Constitution of communities [Repealed]

58 Union, alteration, or abolition, of communities [Repealed]

District community councils and community councils

[Repealed]

59 District community councils and community councils [Repealed]

60 Membership of district community councils and community councils [Repealed]

61 Purpose of community council [Repealed]

Part 3
Elections, electors, and electoral rolls

[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]

Members of united council

65 Members of united council [Repealed]

Special provisions relating to communities

[Repealed]

66 Community within jurisdiction of district community council to constitute a ward [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]

Electors

[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]

Electoral rolls

[Repealed]

74 Roll to be available for public inspection [Repealed]

75 Application for registration as a parliamentary elector [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]

81 Use of roll for other local authority election, by-election, or poll [Repealed]

82 Special provisions relating to regional council elections [Repealed]

83 Local Elections and Polls Act 1976 applied [Repealed]

84 Revision of rolls [Repealed]

85 Rolls for purposes of by-elections and polls [Repealed]

86 Use of rolls for other local authority elections and polls [Repealed]

87 Special provisions relating to regional council elections [Repealed]

88 Local Elections and Polls Act 1976 applied [Repealed]

89 Compulsory enrolment of residential electors [Repealed]

Part 4
Mayor, chairman, and members of councils

[Repealed]

90 Mayor of borough [Repealed]

91 Mayor or chairman of district council [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]

94 Principal officer to preside at meeting for election of chairman [Repealed]

95 Provisions where the same person elected to be both mayor and a member [Repealed]

96 Provisions applying to all mayors and chairmen [Repealed]

Disqualification of members of councils, and filling of extraordinary vacancies

[Repealed]

97 Disqualification of members of councils other than united councils [Repealed]

98 Extraordinary vacancies on district community councils and community councils [Repealed]

99 Vacancies in membership of united council [Repealed]

100 Ouster of office of member [Repealed]

101 Audit Office to institute proceedings [Repealed]

Part 4A
Membership, wards, and constituencies

[Repealed]

101A Commencement [Repealed]

101B Application [Repealed]

101C Membership of territorial authorities [Repealed]

101CA Membership of regional councils [Repealed]

101D Wards and constituencies of districts and regions [Repealed]

101E Membership [Repealed]

101F Electors of regions, territorial authorities, and communities [Repealed]

101G Parliamentary electors qualified for election to any regional council, territorial authority, or community board [Repealed]

101GA Candidacy for both regional council and constituent authority prohibited [Repealed]

101H Review of membership and basis of election [Repealed]

101I Distribution of copies of resolution [Repealed]

101J Objections [Repealed]

101K Commission to determine wards and constituencies [Repealed]

101L Factors in determination of membership and basis of election [Repealed]

101M When ward and constituency determinations take effect [Repealed]

Presiding members of territorial authorities and regional councils

[Repealed]

101N Presiding member [Repealed]

101O Qualification and election of mayor of territorial authority [Repealed]

101P Election of chairperson of regional council [Repealed]

101Q Provisions applying to all mayors and chairpersons [Repealed]

101R Filling of vacancy in office of mayor [Repealed]

101S Filling of vacancy in office of chairperson [Repealed]

101T Mayors and chairpersons to be Justices of the Peace [Repealed]

101U Election of deputy mayor or deputy chairperson [Repealed]

101V Power of regional council or territorial authority to remove chairperson, deputy chairperson, or deputy mayor from office and elect successor [Repealed]

101W Provisions where same person elected to be both mayor and a member [Repealed]

Extraordinary vacancies

[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]

101ZC Procedure in relation to extraordinary vacancy in local authority [Repealed]

101ZD Power to require election to be held [Repealed]

101ZE Election to extraordinary vacancy [Repealed]

Part 4B
Communities

[Repealed]

101ZF Commencement [Repealed]

101ZG Constitution of communities [Repealed]

101ZH Matters pertaining to constitution of communities [Repealed]

101ZI Proposal to establish community [Repealed]

101ZJ Requirements in relation to proposal [Repealed]

101ZK Proposal seeking constitution of communities [Repealed]

101ZL Matters to be considered when constituting community [Repealed]

101ZM Appeal against refusal to constitute community [Repealed]

101ZN Procedures relating to resolution to constitute community [Repealed]

101ZO Union, alteration, or abolition of communities [Repealed]

Community boards

[Repealed]

101ZP Community boards [Repealed]

101ZQ Membership of community boards [Repealed]

101ZR Elections of community boards [Repealed]

101ZS Application of certain provisions relating to extraordinary vacancies [Repealed]

Procedural matters

[Repealed]

101ZT Chairperson of community board [Repealed]

101ZU Community board committees [Repealed]

101ZV Quorum of community board and committees of community board [Repealed]

101ZW Application of Part 5A [Repealed]

101ZX Community boards not committees of territorial authority [Repealed]

Purposes, functions, duties, and powers of community boards

[Repealed]

101ZY Purposes of community board [Repealed]

101ZZ Functions, duties, and powers of community board [Repealed]

101ZZA Specific functions determined by Order in Council [Repealed]

Administrative and other facilities

[Repealed]

101ZZB Provision of administrative and other facilities for community boards [Repealed]

101ZZC Expenses of community boards [Repealed]

Part 4C
Remuneration of members

[Repealed]

101ZZD Commencement [Repealed]

101ZZE Interpretation [Repealed]

101ZZF Remuneration Authority to determine remuneration [Repealed]

101ZZG Mandatory criteria for Authority [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]

101ZZM Members and officers of Remuneration Authority to maintain secrecy [Repealed]

101ZZN Meaning of remuneration [Repealed]

101ZZO Greytown District Trust Lands Trustees [Repealed]

101ZZP Salary or allowances not payable in certain circumstances [Repealed]

101ZZQ Salary or allowance payable to existing office holder not to be reduced [Repealed]

101ZZR Reduction of salary where full term not served [Repealed]

101ZZS Office holder may decline to accept salary or allowance [Repealed]

101ZZT Fund from which salaries and allowances to be paid [Repealed]

101ZZU Travelling expenses of members [Repealed]

101ZZV Travelling expenses of members attending conferences [Repealed]

Part 5
Procedural matters

[Repealed]

102 Interpretation [Repealed]

103 Declaration by member [Repealed]

Committees

[Repealed]

104 Standing or special committees [Repealed]

105 Joint committees [Repealed]

106 Subcommittees [Repealed]

Meetings

[Repealed]

107 Chairman of meetings [Repealed]

108 Quorum of councils and committees, and voting at meetings [Repealed]

108A Voting system for certain elections and appointments [Repealed]

109 Proceedings not invalidated by vacancies, irregularities, etc [Repealed]

110 Ordinary meetings [Repealed]

111 Special meetings [Repealed]

112 Minutes of proceedings [Repealed]

Special orders

[Repealed]

113 Special orders [Repealed]

Procedural rules

[Repealed]

114 Rules as to proceedings of council, committees, etc [Repealed]

Part 5A
Procedural and organisational matters

[Repealed]

114A Commencement [Repealed]

114B Interpretation [Repealed]

Meetings

[Repealed]

114C General provisions as to meetings [Repealed]

114D First meeting following triennial general election [Repealed]

114E Ordinary meetings [Repealed]

114F Special meetings [Repealed]

114G Emergency meetings [Repealed]

114H Meetings not invalid because notice not given [Repealed]

Conduct of meetings

[Repealed]

114I Quorum of councils and committees [Repealed]

114J Voting [Repealed]

114K Voting systems for certain appointments [Repealed]

114L Chairperson of meetings [Repealed]

Procedures at meetings

[Repealed]

114M Standing orders [Repealed]

114N Minutes of proceedings [Repealed]

114O Proceedings not invalidated by vacancies, irregularities, etc [Repealed]

Committees and subcommittees

[Repealed]

114P Power to appoint committees and subcommittees [Repealed]

114Q Delegation to committees and subcommittees [Repealed]

114R Membership of committees and subcommittees [Repealed]

114S Joint committees [Repealed]

Conduct of members

[Repealed]

114T Members to give notice of addresses [Repealed]

114U Declaration by member [Repealed]

114V Members shall abide by standing orders [Repealed]

Part 6
Administrative and other facilities

[Repealed]

115 Administration of united council [Repealed]

116 Administering authority to provide staff, land, and other facilities for united council [Repealed]

117 Staff of regional councils and territorial authorities [Repealed]

118 Provision of administrative and other facilities for district community councils and community councils [Repealed]

119 Expenses of community councils [Repealed]

Part 6A
Employment of staff

[Repealed]

119A Commencement [Repealed]

119B Staff of local authorities [Repealed]

119C Chief executive officer or group of senior executive officers [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]

Part 7A
Financial management

[Repealed]

122A Interpretation [Repealed]

122B Purposes [Repealed]

122C Principles of financial management [Repealed]

122D Local authorities not required to use specific funding mechanisms [Repealed]

122E Funding of expenditure needs [Repealed]

122F Principles relating to funding of expenditure needs [Repealed]

122G Considerations related to funding of expenditure needs [Repealed]

122H Matters related to mechanisms for 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]

122M Significant forecasting assumptions 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]

122T Changes to long-term financial strategy and policies [Repealed]

122U Variations between long-term financial strategy and funding, investment, or borrowing management policies [Repealed]

122V Report on long-term financial strategy and policies [Repealed]

122W Limitation of review [Repealed]

122X Statement of compliance [Repealed]

Part 7B
Borrowing and security

[Repealed]

122Y Commencement [Repealed]

122Z Interpretation [Repealed]

Power to borrow

[Repealed]

122ZA General power to borrow [Repealed]

122ZAA Internal borrowing [Repealed]

122ZB Power to enter into incidental arrangements [Repealed]

122ZC Prohibition on borrowing in foreign currency [Repealed]

Procedure for raising loans

[Repealed]

122ZD Procedure for borrowing money [Repealed]

Securities and charges

[Repealed]

122ZE Security for loans [Repealed]

122ZF Provisions applying to special rates [Repealed]

122ZG Effects of breach on third parties [Repealed]

Registration of charges

[Repealed]

122ZH Registration of charges [Repealed]

122ZI Register of charges maintained by Registrar of Companies [Repealed]

122ZJ Register of charges maintained by local authority [Repealed]

122ZK Registration of subsisting charges [Repealed]

Receivership

[Repealed]

122ZL Appointment of receivers [Repealed]

122ZM Powers and duties of receivers [Repealed]

122ZN Constraints on receiver [Repealed]

122ZO Protection for receiver [Repealed]

Miscellaneous provisions

[Repealed]

122ZP Loans not guaranteed by Crown [Repealed]

122ZQ Assimilation of existing stock with new stock [Repealed]

122ZR Provisions relating to sinking funds [Repealed]

122ZS Conversion of existing loans [Repealed]

122ZT Preservation of existing status [Repealed]

Part 8
Assessments of united councils

[Repealed]

123 Constituent authorities to meet expenditure [Repealed]

124 Valuation equalisation [Repealed]

125 Alterations to apportionment of expenditure [Repealed]

125A Objections as to alterations to apportionment of expenditure [Repealed]

126 Assessment of contributions [Repealed]

127 Jurisdiction of District 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]

131 Powers of united council to recover contributions in case of default [Repealed]

132 United councils not to have rating powers [Repealed]

Part 9
Rates and charges

[Repealed]

133 Levying and recovery of rates where property situated in region or out-district [Repealed]

General rating by regional councils

[Repealed]

134 Determination of rating system [Repealed]

135 Regional general rate [Repealed]

Territorial authority general rates

[Repealed]

136 Territorial authority general rates [Repealed]

137 Levying of territorial authority general rate where ward accounts kept [Repealed]

138 Territorial authority may cease to make and levy general rates separately in each ward [Repealed]

General rating in communities

[Repealed]

139 Community general rate [Repealed]

Regional works and services rates

[Repealed]

140 Regional works and services rates [Repealed]

141 Exercise of rating and levying powers of other authorities [Repealed]

Territorial authority separate rates

[Repealed]

142 Works and services rates [Repealed]

143 Separate rates [Repealed]

Improvement and development rates in communities

[Repealed]

144 Community improvement and development rates [Repealed]

145 Territorial authority may exempt farm lands in community from improvement and development rates [Repealed]

Rating methods

146 Interpretation [Repealed]

147 Differential rates [Repealed]

147A Introduction of differential rating [Repealed]

148 Alteration to system of differential rating [Repealed]

148A Certain changes not to compromise 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]

154 Land drainage or water race rating on area system [Repealed]

155 Appeal against operation of area system [Repealed]

156 Classification for purposes of area rate [Repealed]

157 Fire protection rate on value of improvements [Repealed]

Charges instead of rates

[Repealed]

157A Uniform annual general charge [Repealed]

157B Reduction or cancellation of uniform annual general charge [Repealed]

157C Uniform annual general charges on properties only partly in district [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 a reduced charge [Repealed]

162 Sewerage and stormwater drainage charges [Repealed]

163 Refuse charges [Repealed]

164 Fire protection charges [Repealed]

164A Uniform annual charges instead of rates for certain purpose [Repealed]

164AA Annual charges on properties in common occupation [Repealed]

Lump sum contribution to capital cost of works

164B Interpretation [Repealed]

164C Territorial authority may resolve to seek lump sum contributions from ratepayers [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]

164F Notification to ratepayer of right to make election [Repealed]

164G Effect of election to make a lump sum contribution [Repealed]

164H Payment of lump sum contributions [Repealed]

164I Recalculation of lump sum contribution on completion of work [Repealed]

164J Refund of or increase in lump sum contribution [Repealed]

164K Lump sum contribution deemed to be separate rate [Repealed]

Part 10
Miscellaneous financial provisions

[Repealed]

165 Interpretation [Repealed]

166 Minimum rates [Repealed]

167 Charges deemed to be rates [Repealed]

168 In default of payment of water rates or charges supply may be stopped [Repealed]

169 Adjusted valuation [Repealed]

170 Adoption of different rating system in community [Repealed]

171 Deduction from proceeds of separate rate of cost of making and levying rate, etc [Repealed]

172 Separate rate may be made an annually recurring rate [Repealed]

173 Certain separate rates payable in full or for proportionate part of year in certain circumstances [Repealed]

174 Consolidation of special rates [Repealed]

175 Consolidation of rates [Repealed]

176 Application of surplus of certain rates and contributions [Repealed]

177 Unauthorised expenditure [Repealed]

178 Special provisions as to County of Chatham Islands [Repealed]

Timber levy

[Repealed]

179 Levy on timber [Repealed]

Borrowing

[Repealed]

180 Security for loans [Repealed]

Part 11
Local authorities fuel tax

181 Interpretation

182 Application of this Part

183 Tax areas for purposes of tax

184 Notice of change of distribution authority

185 Powers of component authorities to levy fuel tax

186 Alteration of scale of tax

187 Notice of alteration of tax

188 Functions of distribution authority

Collection of tax

189 Returns by wholesale distributors

190 Assessment of tax

191 Assessment presumed to be correct

192 Appeal against assessment

193 Tax recoverable as a debt

194 Penalty for late payment of tax

Application of proceeds of tax

195 Separate bank account to be kept by distribution authority

196 Accounts to be kept in accordance with requirements of Auditor-General

197 Transfer by distribution authority of authorised cost of services

198 Distribution of proceeds

199 Effect on agreements of imposition or alteration of tax

199A Order in Council prescribing local authorities fuel tax

200 Regulations in respect of local authorities fuel tax

Part 11A
Regional petrol tax

[Repealed]

200A Interpretation [Repealed]

200B Application of this Part [Repealed]

200C Power of regional councils to levy regional petrol tax [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]

200M Effect on agreements of imposition or alteration of tax [Repealed]

200N Accounting month [Repealed]

Part 12
Accounting documents, special funds, trading undertakings, and expenditure

[Repealed]

201 Application and interpretation of Part 12 [Repealed]

Financial records

[Repealed]

202 Financial records [Repealed]

203 Allocation of administration costs [Repealed]

204 Inspection of documents by electors and others [Repealed]

Custody of and payment of money

[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]

209 Certain funds deemed to be special funds under this Act [Repealed]

Special provisions as to trading undertakings

[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]

Remuneration and expenses of, and use of facilities by, mayor or chairman and other members

[Repealed]

214 Interpretation [Repealed]

214A Annual allowances to be determined by Higher Salaries Commission [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]

214D Payment of annual allowances and remuneration [Repealed]

214E Attendance at certain conferences and meetings to be remunerated [Repealed]

214F Remuneration of persons who are neither members nor employees of local authority [Repealed]

214G Annual allowances and remuneration not payable in certain circumstances [Repealed]

214H Annual allowance of chairman of district community council [Repealed]

214I Remuneration of chairman and other members of community council [Repealed]

214J Annual allowance or remuneration payable to existing office holder not to be reduced [Repealed]

214K Reduction of annual allowance where full term not served [Repealed]

214L Officer holder may decline to accept annual allowance or remuneration [Repealed]

214M Fund from which allowances and remuneration to be paid [Repealed]

215 Travelling expenses of members [Repealed]

216 Travelling expenses of members attending conferences [Repealed]

217 Expenses of members of district community councils and community councils [Repealed]

218 Use of transport facilities by members [Repealed]

219 Miscellaneous expenditure [Repealed]

Miscellaneous provisions

[Repealed]

220 Government not liable for district debts [Repealed]

221 Rates of interest [Repealed]

222 Offences by employees with respect to money or accounts [Repealed]

223 Regulations as to collection of and accounting for money [Repealed]

223A Preparation of financial statements in certain circumstances [Repealed]

Part 12A
Accountability and accounting

[Repealed]

223B Commencement [Repealed]

223C Conduct of affairs [Repealed]

223CA Special provisions applying to Wellington Regional Council [Repealed]

223D Annual plan [Repealed]

223E Annual report [Repealed]

223F Financial systems [Repealed]

223G Failure to comply with financial reporting requirements [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]

Part 13
Council property

[Repealed]

224 Interpretation [Repealed]

225 Property for council purposes [Repealed]

225A Interpretation [Repealed]

225B Port company shares and assets and liabilities of former harbour boards [Repealed]

225C Application of proceeds of sale [Repealed]

225D Community trusts [Repealed]

225E Purpose of Trust [Repealed]

225F Trustees [Repealed]

225G Term of office of trustees [Repealed]

225H Persons not capable of holding office as trustee [Repealed]

225I Financial statements [Repealed]

225J Trustees to hold public meeting [Repealed]

225K Matters to be included in trust deed [Repealed]

225L Trust deed not to be inconsistent with provisions of this Act [Repealed]

225M Application of Trustee Act 1956 [Repealed]

226 Disposal of council property (other than land) [Repealed]

227 Shops and offices [Repealed]

228 Council may purchase land by instalments [Repealed]

Part 14
Sale and leasing of land

[Repealed]

229 Interpretation [Repealed]

230 Sale or exchange of council land [Repealed]

231 Leasing of land by council [Repealed]

232 Lease of council building as cinematograph theatre [Repealed]

233 Leases to other local authorities may be by private contract [Repealed]

234 Special provisions with respect to land and buildings reserved for recreation [Repealed]

235 Council may grant easements [Repealed]

236 Transfers and leases to Crown for reserves or public purposes [Repealed]

Part 15
Works of councils

[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]

238A Execution of works and services for united council [Repealed]

239 Council involvement in joint ventures with other persons [Repealed]

239A Agreement for execution of works and development for regional planning purposes [Repealed]

239B Joining of other local authorities in, and sharing of expenses of, works and development for regional planning [Repealed]

240 Compensation payable by council for land taken or injuriously affected [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]

Part 16
Contracts

[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]

Part 16A
Works and contracts

[Repealed]

247A Commencement [Repealed]

247B General powers [Repealed]

247C General power to be involved in business and other ventures [Repealed]

247D Method to be adopted [Repealed]

247E Contracts and tenders [Repealed]

247F Power to acquire land [Repealed]

247G Compensation payable by local authority for land taken or injuriously affected [Repealed]

247H Local authority not authorised to create nuisance [Repealed]

Part 17
Documents and local archives

[Repealed]

248 Interpretation [Repealed]

Documents

249 Council to make arrangements in connection with documents [Repealed]

250 Documents of district community councils and community councils [Repealed]

251 Documents of abolished local authorities [Repealed]

252 Authentication of documents by council or board [Repealed]

253 Service of documents, etc [Repealed]

254 Loss or destruction of documents, etc [Repealed]

255 Certified copies of documents [Repealed]

Local archives

256 Protection of local archives [Repealed]

257 Use of local archives [Repealed]

258 Acquisition of local archives and other documents [Repealed]

259 Destruction of certain local archives [Repealed]

Part 18
General provisions as to functions and powers

[Repealed]

260 Functions of united councils [Repealed]

261 Regional or united council may undertake constituent authority functions [Repealed]

262 Functions conferred by Order in Council [Repealed]

263 Provisions on transfer of functions [Repealed]

Part 19
Functions of regional and united councils only

[Repealed]

264 Interpretation [Repealed]

265 New regional functions [Repealed]

266 Councils to exercise civil defence functions [Repealed]

266A Functions relating to developments of regional importance [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]

Part 19A
Administration of petroleum rationing by regional councils and united councils

[Repealed]

269A Interpretation [Repealed]

269B Regions for the purposes of this Part [Repealed]

269C Councils to undertake petroleum products rationing [Repealed]

269D Petroleum products rationing organisation plans [Repealed]

269E Petroleum products rationing administrative plans [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]

Part 20
Subdivision and development of land

[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 Development defined [Repealed]

272 Application of this Part to the Crown [Repealed]

273 Application of this Part to subdivision or development by council [Repealed]

273A Application of this Part to developments by local authorities [Repealed]

273B Application of this Part to development by hospital boards [Repealed]

273C Application of this Part to relocatable home parks [Repealed]

Subdivision

[Repealed]

274 Subdivision not to be permitted in certain circumstances [Repealed]

275 Scheme plan to be submitted to council [Repealed]

276 Concept plan may be required in certain cases [Repealed]

277 Concept plan to be referred to certain authorities [Repealed]

278 Action to be taken in respect of concept plan [Repealed]

279 Powers of council where scheme plan submitted [Repealed]

280 Council and owner may agree for subdivision to proceed [Repealed]

281 Application of Part 21 [Repealed]

282 Minimum frontage and area requirements [Repealed]

283 Public water supply, drainage, electricity reticulation, and gas supply [Repealed]

Reserves

[Repealed]

284 Reserves policy [Repealed]

285 Reserves contributions in case of residential subdivisions [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]

290 Compensation in respect of land along areas of water set aside as reserves [Repealed]

291 Preservation of trees and buildings of historic interest and wildlife habitat [Repealed]

292 Reserves for future service lanes [Repealed]

Development

[Repealed]

293 Development plans [Repealed]

294 Reserves and public services contributions in respect of development [Repealed]

294A Calculation of development levy [Repealed]

294B Application of other sections to developments [Repealed]

294C Variation of development plan or conditions imposed [Repealed]

294D Reserves contributions or development levy where development varied [Repealed]

294E Redetermination of assessed value [Repealed]

294F Determination of actual capital value of development [Repealed]

294FA Amendment of development levy when development completed [Repealed]

294G Calculation of reserves contributions and development levy when development completed [Repealed]

294H Application of development levies fixed by council [Repealed]

294I Owner to contribute to certain regional works [Repealed]

Provision for parking

[Repealed]

295 Provision for parking [Repealed]

General provisions

[Repealed]

296 Variation or revocation of scheme plan or conditions imposed [Repealed]

297 Refund of money if scheme plan revoked or lapses [Repealed]

297A Refund of money and return of land where development does not proceed [Repealed]

298 Valuation of land or of work done [Repealed]

299 Objection to decision relating to developments [Repealed]

300 Appeals to Planning Tribunal [Repealed]

301 Appeal against determination of valuer [Repealed]

302 Work may begin pending decision on objection or appeal [Repealed]

303 Completion certificate [Repealed]

304 Bonds [Repealed]

305 Survey plan may be submitted to council for approval [Repealed]

306 Survey plan to be deposited [Repealed]

306A Vesting of land in council in respect of a development [Repealed]

307 Agreement to sell land or building before deposit of plan [Repealed]

308 Plan approved subject to amalgamation or transfer of allotments [Repealed]

309 Plan approved subject to grant or reservation of easements [Repealed]

310 Contravention not to affect title to land [Repealed]

311 Offences [Repealed]

312 Savings as to previous approvals [Repealed]

313 Code of urban subdivision [Repealed]

314 Registration of company leases and cross leases [Repealed]

Part 21
Roads (other than regional roads), service lanes, and access ways

315 Interpretation

316 Property in roads

317 Control of roads

318 Control and maintenance of boundary roads

Formation, alteration, stopping, and closing of roads

319 General powers of councils in respect of roads

319A Naming of roads

319B Allocation of property numbers

320 Powers relating to roads [Repealed]

321 Road access [Repealed]

321A Roading contributions as condition of approval of scheme plan [Repealed]

322 Land for road formation or widening [Repealed]

323 Unformed roads in the district

324 Council may contribute to cost of formation, maintenance, etc, of roads outside the district

324A Power to carry out works on Maori roadway

325 Road widths [Expired]

326 Betterment arising from creation or widening of a road

327 Building-line restrictions [Repealed]

327A Building-line restrictions

328 Building-line restrictions provided in district scheme [Repealed]

329 Road gradients

330 Road levels

331 Footpaths and channels

332 Cycle tracks

333 Dividing strips, etc

334 Erection of monuments, etc, and provision of facilities on or under roads

334A Council may light roads, etc

335 Vehicle crossings

336 Pedestrian malls

337 Alteration of pipes and drains

338 Council may grant right to lay conduit pipes along or under road

339 Transport shelters

340 Motor garages

341 Leases of airspace or subsoil of roads

341A Contribution to cost of railway, subway, or bridge

342 Stopping and closing of roads

342A Temporary closing of roads by Police [Repealed]

343 Consumption or possession of intoxicating liquor in roads closed for public function or gathering [Repealed]

344 Gates and cattle stops across roads

345 Disposal of land not required for road

Limited access roads

346 Interpretation

346A Declaration and revocation of limited access roads

346B Provisions of Acts relating to roads to apply to limited access roads

346C Requirements of declaration of limited access road

346D Access to and from land

346E Authorisation of crossing places

346F Restricting movement to or from a limited access road

346G Limited access road not a road for purpose of subdivision or sale

346H Certificate of land affected to be forwarded to District Land Registrar

346I Compensation

346J Offences

Private roads and private ways

347 Grades and formation of private roads

348 Powers of council with respect to private roads and private ways

349 Council may declare private road or right of way to be public road

350 Penalty for laying out private road or private way in contravention of this Act

351 Illegal private road or private way not to be registered

352 Conditions to be noted on title by Registrar

Safety provisions as to roads

353 General safety provisions as to roads

354 Construction of cellar or making any excavation in vicinity of road

355 Council may require removal of overhanging trees, etc

356 Removal of abandoned vehicles from roads

356A Further provision in relation to removal of vehicles from roads

356B Relationship between section 356 and section 356A

357 Penalties for damage to roads

Contracts and leases relating to ferries

357A Leasing powers of council with respect to ferries

Privately constructed bridges and ferries

358 Privately constructed bridges and ferries

359 Regulations for maintenance and use of privately constructed bridges and ferries

360 Minister may delegate powers to council

Tolls at bridges, tunnels, and ferries

361 Establishment or abolition of toll gates at bridges, tunnels, and ferries

Part 22
Regional roads

[Repealed]

362 Interpretation [Repealed]

363 Power to declare regional roads [Repealed]

364 Constituent authority may request council to declare regional road [Repealed]

365 Objections to proposed regional roads [Repealed]

366 Powers of council in relation to regional roads [Repealed]

367 Objections to intention to commence formation, or upgrading of regional road [Repealed]

368 Power to delegate [Repealed]

369 Revocation of a regional road [Repealed]

370 Appeals [Repealed]

371 Limited access regional roads [Repealed]

372 Bylaws [Repealed]

373 Road improvement land [Repealed]

373A Subsidies under National Roads Act [Repealed]

374 Regional motorways [Repealed]

Part 23
Water supply by territorial authorities

[Repealed]

375 This Part to be subject to Resource Management Act 1991 and Health Act 1956 [Repealed]

376 Interpretation and application [Repealed]

377 Constitution of water supply areas [Repealed]

Powers of council in regard to waterworks

[Repealed]

378 Control of source of water supply [Repealed]

379 Council may construct or purchase waterworks [Repealed]

380 Special provisions as to waterworks beyond the district [Repealed]

Supply of water

[Repealed]

381 Council may contract for water supply [Repealed]

382 Persons supplied with water to prevent waste [Repealed]

383 Notice of removal of water pipes to be given to council [Repealed]

384 Advances to property owners for water connections [Repealed]

Supply to persons outside district

[Repealed]

385 Supply of water outside district [Repealed]

386 Discontinuance of supply of water outside district [Repealed]

387 Charge for water to residents of area added to district in certain cases [Repealed]

Use of water for motive power

[Repealed]

388 Council may use water from waterworks for motive power [Repealed]

389 Surplus water may be sold for motive power [Repealed]

390 Discontinuance of supply of water for motive power [Repealed]

Protection of water and waterworks

[Repealed]

391 Drawing off water from waterworks [Repealed]

392 Pollution of water supply [Repealed]

393 Factories, etc, may be examined [Repealed]

394 Diversion of water from waterworks in case of flood [Repealed]

395 Offences with respect to waterworks [Repealed]

396 Offences with respect to water meters [Repealed]

397 Council may stop supply of water in certain cases [Repealed]

Part 24
Regional water supply

[Repealed]

398 This Part to be read subject to Resource Management Act 1991 and Health Act 1956 [Repealed]

399 Interpretation [Repealed]

400 Council may supply water to constituent authorities [Repealed]

401 Council may construct or purchase waterworks [Repealed]

402 Local authorities and other bodies to be notified of work [Repealed]

403 Use of water for motive power [Repealed]

404 Surplus water may be sold for motive power [Repealed]

405 Discontinuance of supply of water 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]

411 Diversion of water from waterworks in case of flood [Repealed]

412 Allocation of supply of water to constituent authorities [Repealed]

413 Appeals relating to supply of water [Repealed]

414 Council may operate constituent authority's waterworks [Repealed]

415 Supply of water to consumers outside the region [Repealed]

416 Supply of water to territorial authority [Repealed]

417 Discontinuance of supply of water outside region [Repealed]

418 Charges for water supplied to constituent authority [Repealed]

419 Surcharges for exceeding allocations [Repealed]

420 Payment of charges and surcharges [Repealed]

Part 25
Water races

[Repealed]

420A Application of Part 25 [Repealed]

421 This Part to be subject to Resource Management Act 1991 [Repealed]

422 Interpretation [Repealed]

Water race areas

[Repealed]

423 Constitution, alteration, and union of water race areas [Repealed]

424 Subdivision of water race areas [Repealed]

425 Water race map [Repealed]

Powers of council as to water races

[Repealed]

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]

430 Council may stop supply of water in certain cases [Repealed]

431 Compensation [Repealed]

432 Appointment of managing ratepayers [Repealed]

Water races outside district

[Repealed]

433 Exercise of powers outside district [Repealed]

434 Supply of water outside district [Repealed]

435 Discontinuance of supply of water outside district [Repealed]

Provisions for the protection of water races

[Repealed]

436 Drawing off water from streams supplying water race [Repealed]

437 Offences with respect to water races [Repealed]

438 Pollution of water races [Repealed]

Bylaws

[Repealed]

439 Bylaws as to water races [Repealed]

Part 26
Sewerage and stormwater drainage by territorial authorities

440 This Part to be subject to Resource Management Act 1991 [Repealed]

441 Interpretation and application [Repealed]

Powers of council in respect of sewerage and stormwater drainage

442 Council may make provision for drainage of district [Repealed]

443 Constitution of urban drainage areas [Repealed]

444 Drainage map [Repealed]

445 Council may construct drains [Repealed]

446 Council may cover in watercourse so as to make it a public drain

447 Betterment contributions where watercourse covered in

448 Stormwater may be led into watercourses [Repealed]

449 Channels for stormwater [Repealed]

450 Council may make dams, etc, in watercourses [Repealed]

451 Diversion, etc, of drainage works

452 Council may treat and deal with sewage [Repealed]

Powers of council as to drainage outside district

[Repealed]

453 Council may construct drainage works outside district [Repealed]

454 Construction and repair of drainage works outside district [Repealed]

455 Council may agree to use drainage works under control of other local authority [Repealed]

456 Council may drain areas outside district [Repealed]

457 Discontinuance of drainage outside district [Repealed]

458 Rate for drainage in areas added to district [Repealed]

Private drains

459 Council may require owners of land in certain cases to provide private drains

460 Construction of private drains through adjoining premises

461 Further provisions with respect to private drains

462 Council may declare private drain to be public drain

Money payable by owners and occupiers

[Repealed]

463 Advances by council to owners in respect of cost of drainage connections [Repealed]

464 Owner may recover proportion of cost of drainage connections from tenant under a lease with not less than 3 years unexpired [Repealed]

465 Money payable to council in respect of drainage to be a charge on land [Repealed]

466 Advances to property owners for clearing or covering in watercourses [Repealed]

Drain protection and protective works

467 Unlawful connection of private drain

468 Tree roots obstructing public drains

469 Council may construct protective works to prevent damage by flood [Repealed]

Part 27
Regional drainage

[Repealed]

470 This Part to be subject to Resource Management Act 1991 [Repealed]

471 Interpretation [Repealed]

472 Council may undertake regional drainage in constituent district [Repealed]

473 Council may undertake drainage in district of local authority [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]

483 Powers to permit constituent authorities to connect drains [Repealed]

484 Connection of drains outside region [Repealed]

485 Reticulation work [Repealed]

486 Operation of drainage works [Repealed]

Offences

[Repealed]

487 Unlawful interference with drains [Repealed]

Part 28
Trade wastes

[Repealed]

488 This Part to be subject to Resource Management Act 1991 [Repealed]

489 Interpretation [Repealed]

490 Councils may undertake trade wastes disposal [Repealed]

491 Powers of local authorities to make trade wastes bylaws [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]

497 Trade wastes bylaws may be relaxed in certain cases [Repealed]

498 Discharge of sewage into sewerage drain in accordance with bylaws not to constitute offence [Repealed]

499 Right to discharge trade wastes into sewerage drains [Repealed]

500 Agreements as to disposal of trade wastes [Repealed]

501 Local authority may enter into agreements for disposal of sewage and trade wastes [Repealed]

Powers of local authority as to trade wastes disposal outside district

[Repealed]

501A Local authority may construct trade wastes disposal works outside district [Repealed]

501B Construction and repair of trade wastes disposal works outside district [Repealed]

501C Local authority may agree to use trade wastes works under control of other local authority [Repealed]

501D Local authority may deal with trade wastes from areas outside district [Repealed]

501E Discontinuance of trade wastes system outside own district [Repealed]

Part 29
Land drainage and rivers clearance

501F Application of Part 29

502 This Part to be subject to Resource Management Act 1991

503 Interpretation

Land drainage areas

504 Declarations in relation to drainage areas

505 Procedure for demanding poll

505A Poll on proposed declaration

505B Petition to make declaration

505C Relevant area for polls and petitions

506 Subdivision of areas

Control of drainage channels and land drainage works

507 Existing drainage channels may be brought under this Part

508 Repeal of special Act

Powers of councils with respect to land drainage

509 Powers of council as to drainage channels and land drainage works

510 Inspection of private dams, etc

Removal of obstructions from drainage channels and watercourses

511 Removal of obstructions from drainage channel or watercourse

512 Power to require council to order removal of obstructions

513 Order of court on application under section 511 or section 512

514 Council may make advances to owners

515 Removal of obstructions in watercourses outside the district

General provisions

516 Exercise of powers on roads and public works not under control of council

517 Bylaws for protection of land drainage works

Part 29A
Divestment of land drainage schemes and water race schemes

517A This Part subject to Resource Management Act 1991 and Soil Conservation and Rivers Control Act 1941

517B Interpretation

517C Purposes of this Part

517D Obligation of local authority to facilitate purposes

Transfer petitions and transfer proposals

517E Initiation of transfer

517F Duty of local authority upon receipt of transfer petition and transfer proposal

517G Signatures to transfer petition

517H Proposer

517I Contents of transfer proposal

517J Service of transfer proposal

517K Right to object to transfer proposal

517L Notice of right to object

517M Contents of notice of right to object

517N Lodging of objections

517O Service of copies of objections

517P Notification by local authority of receipt of objections

517Q Procedure where transfer proposal not required to be forwarded to Commission

517R Obligation of local authority to effect transfer

517S Procedure on receipt of objections

517T Duty of Commission to consider objections

517U Relevant criteria

517V Notice of Commission's determination

517W Modification of support for transfer proposal

Transfer plan

517X Procedure after determination

517Y Obligation of local authority to effect transfer

Implementation of transfer plan

517Z Transfer by local authority of scheme assets and scheme liabilities

517ZA Further provisions relating to transfer of scheme assets and scheme liabilities

517ZB Rates and charges payable for proportionate part of year in certain circumstances

517ZC Rights of entry

517ZD Registration of rights

517ZE Transfer of existing easements, etc

517ZF Transfer of water permits

517ZG Transfer of land

517ZH Section 11 and Part 10 of Resource Management Act 1991 and Part 21 of this Act not to apply

517ZI Activity permitted as of right

517ZJ Revocation of resolutions constituting drainage areas and water race areas

517ZK Power of local authority to enter into contracts with scheme owners

517ZL Power to repair or maintain land drainage schemes and water races

517ZM Power of territorial authority to reconstitute land drainage or water race areas

Part 30
Supply of energy

[Repealed]

518 Interpretation [Repealed]

Supply of energy by territorial authorities

519 Territorial authority may light roads, etc, with energy [Repealed]

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]

524 Territorial authority may install, purchase, or sell fittings and equipment [Repealed]

525 Supply of energy to persons outside the district [Repealed]

526 Works for supply of energy to vest in territorial authority [Repealed]

527 Consumer to supply fittings [Repealed]

528 Offences with respect to meters [Repealed]

529 Territorial authority to fix price of energy [Repealed]

530 Territorial authority may cut off supply of energy [Repealed]

531 Recovery of energy charges [Repealed]

532 Electricity or gas company may sell works to territorial authority [Repealed]

533 Grants and advances to owners and occupiers for energy related purposes [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

536 Regional council or united council may undertake regional energy supply [Repealed]

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]

Part 31
Waste management

[Repealed]

537 Interpretation [Repealed]

538 Duty of territorial authority to encourage efficient waste management [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]

542 Bylaws [Repealed]

543 Grants [Repealed]

544 Allocation of costs [Repealed]

Regional refuse collection and disposal

[Repealed]

545 Meaning of council [Repealed]

546 Council may operate refuse collection and disposal services [Repealed]

547 Powers of council in respect of refuse collection and disposal service [Repealed]

548 Use of regional refuse disposal works by local authorities outside region [Repealed]

Part 32
Land development for housing, commercial, and industrial purposes

[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]

552 Council may erect or purchase or convert houses [Repealed]

553 Erection of flats and sale of flats [Repealed]

554 Council may sell or lease houses and building sections [Repealed]

555 Provisions as to leases [Repealed]

556 Leasehold-purchase schemes [Repealed]

557 Leases to employees of council may be by private contract [Repealed]

558 Repayment of advances and purchase money [Repealed]

559 Council may decline to sell or lease without giving reasons [Repealed]

560 Sale or lease of land for housing [Repealed]

561 Council may sell or lease surplus land [Repealed]

562 Accounting of proceeds of sale or lease of building allotments [Repealed]

Advances to financial institutions and guarantees of housing loans

[Repealed]

563 Advances by council towards loans for housing purposes [Repealed]

564 Guarantees by council of portions of mortgages granted for housing purposes [Repealed]

565 Power of council to guarantee loans for erection of flats [Repealed]

566 Council may guarantee certain replacement mortgages [Repealed]

567 Provisions affecting mortgages [Repealed]

568 Mortgages securing premium instead of interest [Repealed]

569 Mortgages of leases [Repealed]

570 Extending lending powers of financial institutions [Repealed]

571 Insurance fund [Repealed]

Commercial and industrial development

[Repealed]

572 Development, sale, or lease of land and buildings for commercial or industrial purposes [Repealed]

Miscellaneous provisions

573 Validity of documents and resolutions [Repealed]

574 Borrowing powers of council [Repealed]

575 Registration of agreements for sale [Repealed]

Part 33
Farming and afforestation

[Repealed]

Farming

[Repealed]

575A Interpretation [Repealed]

575B Regional councils [Repealed]

576 Power to undertake farming operations [Repealed]

Forestry

[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]

Part 34
Public services

Conveyance of passengers and goods

[Repealed]

586A Interpretation [Repealed]

587 Territorial authority may establish services for conveyance of passengers and goods [Repealed]

588 Territorial authority may establish ferry services [Repealed]

589 Person carrying on transport or ferry service may sell undertaking to territorial authority [Repealed]

Vehicle-testing stations

[Repealed]

590 Vehicle-testing stations [Repealed]

Parking places and buildings and transport stations

591 Provision of parking places and buildings and transport stations

591A Bylaws as to parking places and transport stations [Repealed]

592 Territorial authority may guarantee loans for parking buildings or parking spaces [Repealed]

Information centres and public relations offices

[Repealed]

593 Council may operate information centres and public relations offices [Repealed]

Public relations and public information

[Repealed]

593A Power of regional council to engage in public relations and public information activities [Repealed]

Promotion of tourism

[Repealed]

593B Tourism [Repealed]

Camping ground accommodation

[Repealed]

594 Council may operate camping grounds, cabins, huts, and motels [Repealed]

Part 34A
Local authority trading enterprises and divestment of undertakings

[Repealed]

594A Commencement [Repealed]

594B Definition of local authority trading enterprise [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]

594E Prohibition on transfer of regulatory functions [Repealed]

594F Reduction of interest in local authority trading enterprise [Repealed]

594G Listing on Stock Exchange only after special consultative procedures followed [Repealed]

594H Ability to hold equity securities in local authority trading enterprises [Repealed]

Establishment procedures

[Repealed]

594I Establishment units [Repealed]

594J Function of establishment units [Repealed]

594K Establishment plan [Repealed]

594L Application of Local Government Official Information and Meetings Act 1987 [Repealed]

594M Establishment unit where more than 1 local authority involved [Repealed]

594N Power of establishment unit in relation to divestment plan [Repealed]

594O Power of local authority in relation to divestment of undertakings [Repealed]

594P Effect of establishment unit determinations and recommendations [Repealed]

Principal objective of local authority trading enterprise

[Repealed]

594Q Principal objective to be successful business [Repealed]

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]

Statement of corporate intent

[Repealed]

594S Statement of corporate intent [Repealed]

594T Contents of statement of corporate intent [Repealed]

594U Completion of statement of corporate intent [Repealed]

594V Modifications of statement of corporate intent [Repealed]

594W Obligation to make statement of corporate intent available [Repealed]

594X Circumstances in which statement of corporate intent not required [Repealed]

594Y Savings of certain transactions [Repealed]

594Z Reports and accounts [Repealed]

594ZA Protection from disclosure of sensitive information [Repealed]

594ZB Public availability of documents [Repealed]

594ZC Auditor-General to be auditor of local authority trading enterprises and subsidiaries [Repealed]

594ZD Application of Act to related and associated companies [Repealed]

Transfers of undertakings

[Repealed]

594ZE Transfer of leases, licences, etc, to local authority trading enterprises [Repealed]

594ZF Modification of provisions of Public Works Act 1981 [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]

594ZM Application of Income Tax Act 1994 and Goods and Services Tax Act 1985 [Repealed]

594ZN Uses deemed to be permitted uses [Repealed]

594ZO Exclusion [Repealed]

594ZP Prohibition on guarantees, etc [Repealed]

594ZPA Restriction on lending to local authority trading enterprise [Repealed]

Part 34B
Transport-related enterprises and divestment of undertakings

[Repealed]

594ZQ Interpretation [Repealed]

594ZR Local authority not to conduct passenger transport operation [Repealed]

594ZS Directors of passenger transport companies, etc [Repealed]

594ZT Passenger transport companies incorporated before commencement of this Part [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]

594ZZ Application of Local Government Official Information and Meetings Act 1987 [Repealed]

594ZZA Determination and approval of regional council divestment plan [Repealed]

594ZZB Passenger transport interests, undertakings, and operations to be sold [Repealed]

594ZZC Duty to act in furtherance of objects of this Part [Repealed]

594ZZD Regional council not to enter into contracts [Repealed]

594ZZE Public availability of documents [Repealed]

594ZZF Financial assistance from National Roads Account suspended [Repealed]

594ZZG Financial assistance to be identified [Repealed]

594ZZH Repayment of financial assistance [Repealed]

594ZZI Control of local authority powers in relation to passenger transport operations [Repealed]

594ZZJ Supply of information [Repealed]

594ZZK Uses deemed to be permitted uses [Repealed]

Part 35
Public health and well-being

[Repealed]

595 General powers of territorial authority with respect to public health and well-being [Repealed]

596 Particular powers of territorial authority with respect to public health and well-being [Repealed]

597 Medical practitioners' surgeries [Repealed]

Part 36
Recreation and community development

597A Interpretation [Repealed]

598 Council may promote community welfare [Repealed]

599 Council may maintain public baths, swimming baths, and bath houses [Repealed]

600 Public baths, swimming baths, and bath houses to be subject to bylaws [Repealed]

601 Powers of council in relation to recreation and community development [Repealed]

601A Powers of council in relation to historic land or buildings [Repealed]

602 Information services [Repealed]

603 Entertainments on Sunday, Good Friday, or Christmas Day [Repealed]

Community centres

[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]

609 Finance [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]

612 Fee or charge in respect of dwelling units owned by Crown [Repealed]

613 Bylaws [Repealed]

614 Community centre area a defined part of district [Repealed]

615 Powers conferred by other Acts not affected [Repealed]

Boat havens

[Repealed]

616 Construction or maintenance of boat haven [Repealed]

Local and regional reserves

617 Council may borrow for improvement of public reserves managed and controlled by it [Repealed]

618 Surplus money appropriated for any reserve may be expended on other reserves [Repealed]

619 Powers of Wellington Regional Council in relation to regional parks and reserves [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]

619F Public notice of preparation of first management plan [Repealed]

619G Public notice of draft management plan [Repealed]

619H Obligation to consider submissions and make amendments [Repealed]

619I Review and change of management plans [Repealed]

Tree planting, gardens, and lawns

[Repealed]

620 Council may expend money for tree planting [Repealed]

621 Gardens and lawns [Repealed]

Part 37
Buildings

[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]

Buildings for public meetings

[Repealed]

627 Interpretation [Repealed]

628 Buildings for public meetings, etc, to be licensed and inspected [Repealed]

629 Register of licensed buildings [Repealed]

630 Inspection of licensed buildings [Repealed]

631 Passages in and exits from licensed public buildings to be kept clear [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]

635 Further provisions with respect to licensing of buildings for public meetings, etc [Repealed]

Apartment buildings and residential institutions

[Repealed]

636 Apartment buildings and residential institutions to be licensed [Repealed]

636A Inspection of residential institution where disabled person resides [Repealed]

Fire prevention and safety in factories

[Repealed]

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]

636F Occupier of factory to maintain means of escape and fire alarm system [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]

636K Notices served by council to be suspended pending determination of appeal [Repealed]

636L Offences [Repealed]

636M Penalties [Repealed]

636N Power to order contravention to be remedied [Repealed]

636O Procedure relating to offences [Repealed]

636P Fire safety certificates issued under Factories Act 1946 to continue in force [Repealed]

Preventing overcrowding

[Repealed]

637 Overcrowding of buildings [Repealed]

638 Illegal occupation of building [Repealed]

639 Removal of building illegally erected, etc [Repealed]

Miscellaneous provisions

640 Design and construction of buildings to resist earthquake shocks [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]

643 Permit for erection of building on 2 or more allotments [Repealed]

644 Thermal insulation of new residential buildings [Repealed]

Part 38
Urban renewal

[Repealed]

644A Interpretation [Repealed]

644B Council may undertake urban renewal [Repealed]

644C Notice of urban renewal to be given [Repealed]

644D Provisions as to subdivisions and development to be complied with [Repealed]

644E Advances by council to owners [Repealed]

644F Acquisition of land by council where house unfit for habitation or area below minimum [Repealed]

Part 39
Prevention of fires

645 Council defined [Repealed]

646 Fire prevention [Repealed]

647 Fire hydrants

648 Pipes to be kept charged with water

649 Council to make bylaws in respect of prevention of spread of fires involving vegetation [Repealed]

650 Removal of scrub, etc, likely to constitute a fire hazard [Repealed]

Part 39A
Navigation

650A Councils may carry out harbour works [Repealed]

650B Appointment of harbourmasters, enforcement officers, and honorary officers [Repealed]

650C General powers of harbourmasters and enforcement officers [Repealed]

650D Harbourmaster may remove ships [Repealed]

650E Harbourmasters and others may regulate some navigation activities [Repealed]

650F Application of section 710 and other requirements [Repealed]

650G Offence [Repealed]

650H Freedom of passage for officers of Customs, etc [Repealed]

650I Crown harbours and facilities [Repealed]

650J Delegation or transfer of council's functions, duties, or powers under this Part [Repealed]

Wreck

[Repealed]

650K Removal of wreck [Repealed]

Part 40
Miscellaneous powers

[Repealed]

651 Council defined [Repealed]

Markets and weighing machines

[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]

Harbour works and navigation

[Repealed]

656 Powers of council with respect to harbour works to be exercised subject to Harbours Act 1950 [Repealed]

Telegraphs, telephones, and electric lines

[Repealed]

657 Telegraphs and telephones [Repealed]

658 Underground telephone and electric lines [Repealed]

Miscellaneous provisions

[Repealed]

659 Council may sell coal, coke, and firewood [Repealed]

660 Road metal and lime [Repealed]

661 Stock dips [Repealed]

662 Stock paddocks [Repealed]

663 Council may install, light, and maintain public clocks [Repealed]

664 Council may contribute towards cemeteries and crematoria not vested in council [Repealed]

664A Regional councils may contribute to works of constituent authorities [Repealed]

Part 41
Functions and powers of district community councils and community councils

[Repealed]

665 Functions and powers of district community councils [Repealed]

666 Delegated functions and powers of community councils [Repealed]

667 Community council to be a committee of territorial authority [Repealed]

668 Powers of territorial authority as to improvement and development works in communities [Repealed]

669 Advances and grants for development works in communities [Repealed]

Part 42
Private works

[Repealed]

670 Order for execution of private works [Repealed]

671 Duties of occupier [Repealed]

672 Occupier may act if owner of premises makes default [Repealed]

673 Council may agree with owner to execute drainage and other works on private land [Repealed]

674 Advances by council to land owners to meet emergency expenditure [Repealed]

675 Grants and advances for conversion of domestic fires or installation of electric domestic heating [Repealed]

675A Council may advance to owner of premises in clean air zone cost of installing electric domestic heating [Repealed]

676 Council may execute works on default by owner or occupier [Repealed]

677 Recovery of cost of works by council [Repealed]

678 Amounts payable in respect of private land [Repealed]

Part 43
Bylaws

[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]

684AA Certain provisions of Local Government Act 2002 to apply to bylaws made under this Act [Repealed]

684 Subject matter of bylaws [Repealed]

684A Effect of Building Act 1991 on bylaws [Repealed]

Navigation bylaws

[Repealed]

684B Bylaws relating to navigation and related activities [Repealed]

684C Navigation bylaws not to affect port operations [Repealed]

684D No marine pollution charges [Repealed]

684E General provisions relating to navigation bylaws [Repealed]

684F Council must consult Director [Repealed]

685 Licences to hawkers and pedlars [Repealed]

686 Bylaws as to billiard rooms, amusement galleries, and shooting galleries [Repealed]

687 Enforcement and administration of regional bylaws [Repealed]

688 Metric conversions of bylaws [Repealed]

689 Council to provide copies of bylaws [Repealed]

690 Power to join with other bodies to make bylaws [Repealed]

690A Prescription of fees by bylaw or by resolution [Repealed]

691 Regulations applying to outlying islands not included in district of territorial authority [Repealed]

692 Removal of works executed contrary to bylaws [Repealed]

Part 43A
Commissioner for Disaster Recovery

[Repealed]

[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]

692F Powers, functions, and duties of Deputy Commissioner [Repealed]

692G Commissioner and Deputy Commissioner not to be personally liable [Repealed]

692H Local authority and members not to act while Commissioner in office [Repealed]

692I Appointment and function of advisory committee [Repealed]

692J Advances and guarantees of advances to Commissioner [Repealed]

692K Remuneration and expenses [Repealed]

Part 43B
Ministerial reviews of local authorities

[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]

692S Procedure [Repealed]

692T Action on receipt of report [Repealed]

692U Implementation of recommendations [Repealed]

692V Minister may provide for implementation of recommendations [Repealed]

692W Implementation of recommendations for appointment of commission [Repealed]

692X Membership of commission [Repealed]

692Y Powers of commission [Repealed]

692Z General provisions relating to commission [Repealed]

692ZA Members not to act while commission in office [Repealed]

692ZB Publication of report [Repealed]

Part 43C
Removal orders

[Repealed]

Application for removal order

[Repealed]

692ZC Interpretation [Repealed]

692ZD Application for removal order [Repealed]

692ZE Evidence of convictions [Repealed]

692ZF Form of removal order [Repealed]

Objection to 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]

Compliance with removal order

[Repealed]

692ZK Compliance with removal order [Repealed]

692ZL No civil proceedings against person executing removal order [Repealed]

Miscellaneous provisions

[Repealed]

692ZM Relationship with Fencing Act 1978 [Repealed]

692ZN Rules of court [Repealed]

Part 44
Offences and legal proceedings

Offences

693 Obstruction of member or officer or agent of council [Repealed]

694 Wilful or negligent destruction of or damage to works or property [Repealed]

695 Recovery of amount of destruction, damage, etc, to works or property [Repealed]

695A Removal of fences, structures, and vegetation [Repealed]

696 Coat of Arms [Repealed]

697 Default in compliance with Act, or direction given pursuant to Act [Repealed]

698 General penalty

699 Time for filing charging document

699A Infringement offences relating to navigation bylaws [Repealed]

699B Commission of infringement offence [Repealed]

699C Infringement notices

699D Entitlement to infringement fees [Repealed]

Legal proceedings

[Repealed]

700 Judges, District Court Judges, and Justices not disqualified as being ratepayers [Repealed]

701 Proceedings in District Court, etc [Repealed]

702 Service of legal proceedings on council [Repealed]

703 Valuation roll to be evidence as to owner or occupier [Repealed]

704 Evidence that works or property vested in or under control of council [Repealed]

705 Recovery of debts [Repealed]

706 Members may be required to pay costs of proceedings in certain cases [Repealed]

Recovery of losses incurred by local authorities

[Repealed]

706A Report by Auditor-General on loss incurred by local authority [Repealed]

706B Local authority to respond to Auditor-General [Repealed]

706C Members of local authority liable for loss [Repealed]

General provisions

[Repealed]

707 Council may make compositions [Repealed]

Part 44A
Special provisions applying to Auckland Regional Authority

[Repealed]

707A Application of provisions to Auckland Regional Council [Repealed]

707AA Residual powers of Auckland Regional Council [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]

707H Application for registration as a parliamentary elector [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 [Repealed]

707V Stamp duty exemption [Repealed]

707W Taxation [Repealed]

707X Taxes and duties [Repealed]

707Y Uses deemed to be permitted uses [Repealed]

707Z Modification of provisions of Public Works Act 1981 [Repealed]

707ZA Obligation to lodge caveat [Repealed]

707ZB Exclusions [Repealed]

707ZC Reduction in functions, duties, and powers of Auckland Regional Council [Repealed]

707ZD Continuous service of transferred employees [Repealed]

707ZE Maintenance of conditions of employment [Repealed]

707ZEA Restrictions on compensation for redundancy [Repealed]

707ZF Water services [Repealed]

707ZG Refusal disposal sites [Repealed]

707ZH Properties and funds acquired from Auckland Harbour Board [Repealed]

707ZI Special obligation of Trust in relation to carrying out of its work and functions [Repealed]

Functions of Trust

707ZJ Functions of Trust [Repealed]

707ZJA Functions in relation to America's Cup [Repealed]

707ZJB Management of assets [Repealed]

707ZJC Obligation of Trust to report annually on assets owned by it [Repealed]

707ZJD Power to dispose of assets [Repealed]

707ZJE Effect of sections 707ZJA to 707ZJD [Repealed]

707ZK Trust to be local authority for certain purposes [Repealed]

Elections

707ZL Election of members of Trust [Repealed]

707ZM First election of members [Repealed]

Chief executive

707ZN Special provision in respect of appointment by Auckland Regional Council of chief executive of Trust [Repealed]

Accountability and accounting

707ZO Conduct of affairs [Repealed]

707ZP Annual report to public concerning plans [Repealed]

707ZQ Annual report to public concerning performance [Repealed]

707ZR Audit Office to be auditor [Repealed]

Funding

707ZS Funding [Repealed]

707ZT Establishment costs [Repealed]

707ZU Application of revenue [Repealed]

707ZV Rating for funding of Trust [Repealed]

707ZVA Power of Auckland Regional Council to rate in respect of retained liabilities [Repealed]

Community Trust

707ZW Establishment of Community Trust [Repealed]

707ZX Trustees [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]

707ZZE Trust deed not to be inconsistent with provisions of this Act [Repealed]

707ZZF Application of Trustee Act 1956 [Repealed]

Achievement of objects

707ZZG Duty to act in furtherance of this Part [Repealed]

Part 44C
Infrastructure Auckland

[Repealed]

707ZZH Commencement [Repealed]

707ZZI Interpretation [Repealed]

707ZZJ Constitution of Infrastructure Auckland [Repealed]

707ZZK Principal function of Infrastructure Auckland [Repealed]

707ZZL Grants [Repealed]

707ZZM Special obligations 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]

707ZZP Infrastructure Auckland to be local authority for certain purposes [Repealed]

707ZZQ Statement of corporate intent [Repealed]

707ZZR Transport-related enterprises [Repealed]

707ZZS Electoral College [Repealed]

707ZZT Functions of Electoral College [Repealed]

707ZZU Appointment of members of Infrastructure Auckland [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 Long-term funding plan [Repealed]

707ZZZC Proceedings of Infrastructure Auckland [Repealed]

Accountability and accounting

[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]

America's Cup

[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

[Repealed]

707ZZZL Dissolution of Auckland Regional Services Trust [Repealed]

707ZZZLA Transfer of money subject to trust [Repealed]

707ZZZM Taxes and duties [Repealed]

707ZZZN Modification of provisions of Public Works Act 1981 [Repealed]

707ZZZO Obligation to lodge caveat [Repealed]

707ZZZP Employees [Repealed]

707ZZZQ Final accounts of Auckland Regional Services Trust [Repealed]

707ZZZR Vesting of shares in Watercare Services Limited [Repealed]

707ZZZS Water services [Repealed]

707ZZZT Auckland Regional Council allowed certain deductions for tax purposes [Repealed]

707ZZZU Expiry [Repealed]

Dissolution of Regional Treasury Management Limited

[Repealed]

707ZZZV Dissolution of Regional Treasury Management Limited [Repealed]

707ZZZW Final accounts of Regional Treasury Management Limited [Repealed]

707ZZZX Taxes and duties [Repealed]

Miscellaneous provisions

[Repealed]

707ZZZY Certain matters not affected by this Part [Repealed]

707ZZZZ Provisions relating to vesting of assets and liabilities in Infrastructure Auckland [Repealed]

707ZZZZA Registers [Repealed]

Transitional provisions

[Repealed]

707ZZZZB Initial membership of 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]

Part 44D
Westport Harbour

[Repealed]

707ZZZZH Harbour assets vested in Buller District Council [Repealed]

Part 45
Miscellaneous provisions

[Repealed]

Works on private land

[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

[Repealed]

709A Prohibition of vehicles and consumption or possession of intoxicating liquor in public place [Repealed]

709B Interpretation [Repealed]

709C Further power to prohibit vehicles and liquor in public places [Repealed]

709D Exceptions to prohibition for residents and their visitors [Repealed]

709E Exceptions to prohibition for licensed premises [Repealed]

709F Public notice [Repealed]

709G Offences [Repealed]

709H Powers of arrest, search, and seizure [Repealed]

General provisions

[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]

714 Delegation of Minister's or Secretary's powers [Repealed]

715 Delegation of powers by council [Repealed]

716 Delegation of powers by officers [Repealed]

716A Special consultative procedure [Repealed]

Special orders

[Repealed]

716B Special orders [Repealed]

716C Evidence of special order [Repealed]

716D Time within which proceedings to quash special order must be commenced [Repealed]

717 Application of provisions to Auckland Regional District [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]

720 Misnomer, etc, not to prevent operation of Act [Repealed]

721 Appointment of person to exercise powers and functions of council [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]

Schedule 1
Local authorities

[Repealed]

Schedule 1A
Classes of local authorities for the purposes of sections 214 to 214M

[Repealed]

Schedule 2
Matters which (where applicable) Local Government Commission shall provide for in 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]

Schedule 3A
Provisions relating to Commission

[Repealed]

Schedule 3B
Provisions for giving effect to reorganisation schemes

[Repealed]

Schedule 4
Declaration by mayor or chairperson or member

[Repealed]

Schedule 4A
Classes of local authorities for the purposes of Part 4C

[Repealed]

Schedule 5
Procedure for classification of lands for purposes of making and levying water race or rural drainage rates

[Repealed]

Schedule 5A
Form relating to lump sum contributions

[Repealed]

Schedule 6
Scales of local authorities fuel tax

Schedule 7

Schedule 8
Notice of imposition or alteration of local authorities fuel tax

Schedule 9
Tenders and contracts

[Repealed]

Schedule 10
Conditions as to stopping of roads and the temporary prohibition of traffic on roads

Schedule 11
Width of roads, access ways, and service lanes

[Expired]

Schedule 12

Schedule 13
Conditions of fixing levels of roads

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 15
Conditions as to use of buildings for public meetings, and for other purposes

[Repealed]

Schedule 16
Conditions of constructing or undertaking works on private land

[Repealed]

Schedule 17
Acts under which functions, powers, and duties are conferred or imposed on Minister of Local Government and Secretary for Local Government

[Repealed]

Schedule 17A
Provisions relating to Auckland Regional Services Trust

[Repealed]

Schedule 17B
Provisions relating to Infrastructure Auckland

[Repealed]

Schedule 18
Enactments amended

[Repealed]

Schedule 19
Enactments repealed

[Repealed]

Local Government Amendment Act (No 2) 1999

Maritime Transport Amendment Act 2013

Reprint notes


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

  • Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

  • Title: amended, on 12 December 1979, by section 7(1) of the Local Government Amendment Act 1979 (1979 No 59).