Local Government Act 1974

An Act to consolidate and amend the law relating to the reorganisation of the districts and functions of local authorities, to make better provision for the administration of those functions which can most effectively be carried out on a regional basis, and to make provision for the establishment of united councils, regional councils, district councils, district community councils, and community councils, and to consolidate and amend the Municipal Corporations Act 1954, the Counties Act 1956, the Local Authorities (Petroleum Tax) Act 1970, and provisions of other Acts of the Parliament of New Zealand relating to the powers and functions of regional councils, united councils, and territorial local authorities

The Long Title was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words “and to consolidate and amend the Municipal Corporations Act 1954, the Counties Act 1956, the Local Authorities (Petroleum Tax) Act 1970, and provisions of other Acts of the General Assembly relating to the powers and functions of regional councils and territorial local authorities”.
The Long Title was amended by section 29(2) Constitution Act 1986 (1986 No 114) by substituting the words “the Parliament of New Zealand” for the words “the General Assembly”.

1 Short Title and commencement

(1) This Act may be cited as the Local Government Act 1974.
(2) Section 138(2) and so much of Schedule 3 as relates to the Local Authorities (Petroleum Tax) Act 1970 shall come into force on 1 April 1975.
(3) Except as provided in subsection (2), this Act shall come into force on 1 December 1974.

2 Interpretation

(1) In this Act, unless the context otherwise requires,—
Act includes Provincial Ordinance
Act: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
adjusted net capital value, in relation to any district, means the net capital value of the district adjusted under Part 14 of the Rating Powers Act 1988, which Part shall apply as if the territorial authority were a special-purpose authority
Adjusted net capital value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Adjusted net capital value: this definition was substituted by section 208(1) Rating Powers Act 1988 (1988 No 97).
administering authority
[Repealed]
Administering authority: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
annual plan means a report under section 223D
Annual plan: this definition was inserted, as from 27 July 1996, by section 2 Local Government Amendment Act (No 3) 1996 (1996 No 83).
annual report means a report under section 233E
Annual report: this definition was inserted, as from 27 July 1996, by section 2 Local Government Amendment Act (No 3) 1996 (1996 No 83).
borough
[Repealed]
Borough: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
borough council
[Repealed]
Borough council: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
building consent has the meaning ascribed to it by section 7 of the Building Act 2004
Building consent: this definition was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Building consent: this definition was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “section 7 of the Building Act 2004” for the words “section 2 of the Building Act 1991”. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
capital value has the same meaning as in the Rating Valuations Act 1998
Capital value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Capital value: this definition was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words “Rating Valuations Act 1998” for the words “Valuation of Land Act 1951”. See sections 55 to 63 for the savings and transitional provisions.
chairperson includes the mayor of a territorial authority and the chairman of a regional council; and deputy chairperson includes a deputy mayor or deputy chairman
Chairman: this definition was inserted by section 7(2) Local Government Amendment Act (No 3) 1977).
Chairperson: this definition was substituted for the definition of “Chairman”, as from 6 June 1989, by section 2(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
clerk
[Repealed]
Clerk: this definition was repealed, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
commercial or industrial purpose means any purpose of commerce, trade, or industry; but does not include any farming purpose; and commercial or industrial allotment and commercial or industrial building have meanings corresponding to the meaning of the term commercial or industrial purpose
Commercial or industrial purpose: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Commission means the Local Government Commission established under this Act
community means a community constituted under section 101ZG
Community: this definition was amended, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122), by substituting the expression “Part 2” for the expression “Part 7”.
Community: this definition was substituted, as from 6 June 1989, by section 2(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).
community board means a community board constituted under section 101ZP
Community board: this definition was inserted, as from 6 June 1989, by section 2(3) Local Government Amendment Act (No 2) 1989 (1989 No 29).
community council
[Repealed]
Community council: this definition was repealed, as from 6 June 1989, by section 2(3) Local Government Amendment Act (No 2) 1989 (1989 No 29).
constituency—
- (a) means a constituency of a region that is under the jurisdiction of a regional council and is established for electoral purposes under this Act; but
- (b) does not include any subdivision for electoral purposes of a territorial authority that has the functions, duties, and powers of a regional council
Constituency: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Constituency: this definition was substituted, as from 1 July 1992, by section 2(1) Local Government Amendment Act 1992 (1992 No 42).
constituent authority, in relation to any constituent district, means the territorial authority having jurisdiction over that constituent district
Constituent authority: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
constituent district means the district of a territorial authority which is wholly or partly within a region
Constituent district: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Constituent district: this definition was substituted, as from 1 July 1992, by section 2(2) Local Government Amendment Act 1992 (1992 No 42).
construction, in relation to any work authorised by this Act, includes the execution, establishment, constitution, undertaking, or carrying out thereof; and construct has a corresponding meaning
Construction: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
council means a territorial authority or a regional council, as the case may require
Council: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Council: this definition was substituted, as from 1 July 1992, by section 2(3) Local Government Amendment Act 1992 (1992 No 42).
county
[Repealed]
County: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Crown health enterprise
[Repealed]
Crown Health Enterprise: this definition was repealed, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
debt security has the same meaning as in the Securities Act 1978
Debt security: this definition was inserted, as from 6 June 1989, by section 2(4) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Director of Maritime New Zealand means the person for the time being holding the office of Director of Maritime New Zealand under section 439 of the Maritime Transport Act 1994
Director of Maritime New Zealand: this definition was inserted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
Director of Maritime Safety
[Repealed]
Director of Maritime Safety: this definition was repealed, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
district means the district of a local authority; and includes a region
District Commissioner of Works
[Repealed]
District Commissioner of Works: this definition was repealed, as from 1 April 1988, by section 2(1)(a) Local Government Amendment Act 1988 (1988 No 71).
district community council
[Repealed]
District community council: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
district council means a district council constituted under Part 1A
District council: this definition was amended, as from 6 June 1989, by section 2(15)(a) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression “Part 1A” for the expression “Part 2”.
district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000
District health board: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
district plan, operative, in relation to a district plan, and proposed plan have the same meaning as in section 2 of the Resource Management Act 1991
District plan, operative, in relation to a district plan, and proposed plan: this definition was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
district scheme, operative and proposed district scheme
[Repealed]
District scheme, operative, and proposed district scheme: these definitions were repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
divided district
[Repealed]
Divided district: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
elector means a person qualified to be an elector by virtue of section 23 or 24 of the Local Electoral Act 2001
Elector: this definition was substituted, as from 17 June 1986, by section 2(1) Local Government Amendment Act 1986 (1986 No 21), and amended, as from 6 June 1989, by section 2(14)(b) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression “101F” for the expression “section 69”.
Elector: this definition was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by substituting the words “section 23 or 24 of the Local Electoral Act 2001” for the words “section 101F of this Act”. See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
engineer, in relation to any council, means the engineer appointed by the council; and includes any person for the time being appointed by the council to perform the duties of engineer thereto
Engineer: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Environment Court means the Environment Court as defined in the Resource Management Act 1991
Environment Court: this definition was inserted, as from 2 September 1996, pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
equity security has the same meaning as in the Securities Act 1978
Equity security: this definition was inserted, as from 6 June 1989, by section 2(5) Local Government Amendment Act (No 2) 1989 (1989 No 29).
farm land means land used or intended to be used solely or principally for agricultural or horticultural or pastoral purposes or the keeping of bees or poultry or other livestock; and farming and farming purposes have corresponding meanings
Farm land: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
final scheme means a final scheme under Part 1; and includes a final reorganisation scheme prepared under section 15B
Final scheme: this definition was substituted, as from 6 June 1989, by section 2(6) Local Government Amendment Act (No 2) 1989 (1989 No 29).
financial year means—
- (a) in relation to any period before 1 April 1990, a period of 12 months ending with 31 March:
- (b) in relation to the period commencing on 1 April 1990 and ending with 30 June 1990, that period of 3 months:
- (c) in relation to any period commencing on or after 1 July 1990, a period of 12 months ending with the 30 June
Financial year: this definition was substituted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Financial year: this definition was substituted, as from 6 June 1989, by section 2(7) Local Government Amendment Act (No 2) 1989 (1989 No 29).
formation, in relation to any road, has the same meaning as the construction of the road, and includes gravelling, metalling, sealing, or permanently surfacing the road; and form has a corresponding meaning
Formation: this definition was inserted, as from 29 April 1985, by section 2(1) Local Government Amendment Act 1985 (1985 No 60).
general election means the triennial general election or a general election of members of a territorial authority or regional council held under the Local Electoral Act 2001
General election: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
General election: this definition was substituted, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
general revenues, in relation to a local authority, means all the funds received or receivable by a local authority, excluding loan money under Part 3 of the Local Authorities Loans Act 1956
General revenues: this definition was inserted, as from 1 July 1992, by section 2(4) Local Government Amendment Act 1992 (1992 No 42).
generally accepted accounting practice means—
- (a) approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) so far as those standards apply to local authorities or local authority trading enterprises, as the case may be; and
- (b) in relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) and which are not subject to any applicable rule of law, accounting policies that—
  - (i) are appropriate to the local authority or local authority trading enterprise, as the case may be; and
  - (ii) have authoritative support within the accounting profession in New Zealand
Generally accepted accounting practice: this definition was inserted, as from 27 July 1996, by section 2 Local Government Amendment Act (No 3) 1996 (1996 No 83).
government road means a government road declared as such under any Act
Government road: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
hospital and health service
[Repealed]
Hospital and health service: this definition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
laying out, in relation to any road, means the legal and survey actions necessary to enable the road to be formed; but does not include the formation of the road
Laying out: this definition was inserted, as from 29 April 1985, by section 2(2) Local Government Amendment Act 1985 (1985 No 60).
local authority has the same meaning as in section 5(1) of the Local Government Act 2002
Local authority: this definition was substituted, as from 25 September 1989, by section 2 Local Government Amendment Act (No 3) 1989 (1989 No 72).
Local authority: paragraph (b) of this definition was substituted, as from 1 November 1995, by section 31 Chatham Islands Council Act 1995 (1995 No 41).
Local authority: this definition was substituted, as from 7 July 2004, by section 3(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
maritime facilities includes moorings, wharves, docks, quays, marinas, areas, or places where vessels are maintained, launching ramps, and other launching facilities
Maritime facilities: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).
Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994
Maritime New Zealand: this definition was inserted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
maritime rules means maritime rules made under the Maritime Transport Act 1994
Maritime rules: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).
Maritime Safety Authority
[Repealed]
Maritime Safety Authority: this definition was repealed, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
member, in relation to any local authority, includes any chairperson or mayor
Member: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Member: this definition was substituted, as from 6 June 1989, by section 2(9) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Minister means the Minister of Local Government
navigational aid has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994
Navigational aid: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment (No 2) 1999 (1999 No 24).
navigational bylaws means bylaws made under section 684B
Navigational bylaws: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment (No 2) 1999 (1999 No 24).
net capital value, in relation to any district, means the total of the capital value of all the rateable property in the district and the value of all property in the district in respect of which the local authority receives grants in lieu of rates
Net capital value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
occupier, in relation to any property, means the inhabitant occupier of that property
Occupier: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
out-district
[Repealed]
Out-district: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
owner, in relation to any property, means the person entitled to receive the rack rent thereof, or who would be so entitled if the property were let to a tenant at a rack rent
Owner: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
parliamentary elector means any person lawfully registered as an elector under the Electoral Act 1956
Parliamentary elector: this definition was inserted, as from 17 June 1986, by section 2(2) Local Government Amendment Act 1986 (1986 No 21).
Planning Tribunal
[Repealed]
Planning Tribunal: this definition was repealed, as from 2 September 1996, pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
pleasure craft has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994
Pleasure craft: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment (No 2) 1999 (1999 No 24).
polling day means the day appointed for holding an election or poll
Polling day: this definition was inserted, as from 17 June 1986, by section 2(3) Local Government Amendment Act 1986 (1986 No 21).
pollutant means anything which contaminates water so as to change its physical or chemical or biological condition in such a manner as to make it unclean, noxious, or impure, or as to be detrimental to the health, safety, or welfare of persons using the water, or as to render the water undrinkable; and pollute has a corresponding meaning
Pollutant: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
principal administrative officer means, in relation to a local authority, the principal administrative officer of the local authority irrespective of the designation given to that officer; and includes any person for the time being appointed by the local authority to perform the duties or a particular duty of the principal administrative officer
Principal administrative officer: this definition was substituted, as from 6 June 1989, by section 2(10) Local Government Amendment Act (No 2) 1989 (1989 No 29).
principal authority
[Repealed]
Principal authority: this definition was repealed, as from 25 November 1976, by section 7(2)(a) Local Government Amendment Act 1976 (1976 No 55).
principal local authority, in relation to a reorganisation proposal, means the local authority agreed on, or designated, under section 37ZY, as the principal local authority in relation to that proposal
Principal local authority: this definition was inserted, as from 6 June 1989, by section 2(10) Local Government Amendment Act (No 2) 1989 (1989 No 29).
property includes all real estate, and all personal estate, chattels, and effects, and all money and rates, whether in possession or reversion or recoverable by action or other legal proceeding, and the benefit of any contract or engagement, and every matter or thing the subject of property
Property: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
public notice means—
- (a) a notice published in a newspaper circulating generally in the district to which the subject-matter of the notice relates; or
- (b) where there is no newspaper circulating generally in any district, a notice published on placards affixed to public places in the district to which the subject-matter of the notice relates;—
and published and publicly notified have corresponding meanings. A public notice setting forth the object, purport, or general effect of a document shall in any case be sufficient notice of that document
Public notice: this definition was substituted, as from 1 July 1992, by section 2(5) Local Government Amendment Act 1992 (1992 No 42).
public office or office means, in relation to any local authority, its principal or only public office
Public office: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Public office: this definition was substituted, as from 6 June 1989, by section 2(11) Local Government Amendment Act (No 2) 1989 (1989 No 29).
public work means any public work within the meaning of the Public Works Act 1981
Public work: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
rate records means rate records under the Rating Powers Act 1988
Rate records: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Rate records: this definition was substituted by section 208 Rating Powers Act 1988 (1988 No 97).
rateable value, in relation to any property, means its rateable value within the meaning of the Rating Powers Act 1988
Rateable value: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Rateable value: this definition was substituted by section 208 Rating Powers Act 1988 (1988 No 97).
ratepayer, in relation to any property, means a person whose name appears for the time being in the “Occupiers” column of the rate record for that property
ratepayer: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
rating qualification
[Repealed]
Rating qualification: this definition was repealed, as from 17 June 1986, by section 2(4) Local Government Amendment Act 1986 (1986 No 21).
region means a region in respect of which—
- (a) a regional council is constituted; or
- (b) a territorial authority has, pursuant to section 37N, authority to exercise the functions, duties, and powers of a regional council
Region: this definition was amended, as from 17 June 1986, by section 2(1) Local Government Amendment Act (No 2) 1986 (1986 No 24) by inserting the words “; and includes the Auckland Regional Authority to the extent specified in section 707A of this Act”.
Region: this definition was amended, as from 1 November 1989, by section 2(15)(c) Local Government Amendment Act (No 2) 1989 (1989 No 29) by substituting the expression “Part 2” for the expression “Part 1A”.
Region: this definition was substituted, as from 1 July 1992, by section 2(6) Local Government Amendment Act 1992 (1992 No 42).
Region: this definition was substituted, as from 28 July 1997, by section 2(1) Local Government Amendment Act 1997 (1997 No 49).
regional council—
- (a) has the same meaning as in section 5(1) of the Local Government Act 2002; and
- (b) includes, in Part 39A and sections 684B to 684F, the Chatham Islands Council
Regional council: this definition was amended, as from 17 June 1986, by section 2(2) Local Government Amendment Act (No 2) 1986 (1986 No 24) by inserting the words “; and includes the Auckland Regional Authority to the extent specified in section 707A of this Act”.
Regional council: this definition was substituted, as from 1 July 1992, by section 2(7) Local Government Amendment Act 1992 (1992 No 42).
Regional council: this definition was amended, as from 29 April 1999, by section 2(2) Local Government Amendment Act (No 2) 1999 (1999 No 24) by inserting the words “; and, in Part 39A and in sections 684C to 684F, includes the Chatham Islands Council”.
Regional council: this definition was substituted, as from 7 July 2004, by section 3(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
regional planning scheme has the same meaning as in section 2(1) of the Town and Country Planning Act 1977
Regional planning scheme: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
regional road
[Repealed]
Regional road: this definition was repealed, as from 1 July 1992, by section 2(8) Local Government Amendment Act 1992 (1992 No 42).
regional scheme
[Repealed]
Regional scheme: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
reorganisation scheme means a reorganisation scheme within the meaning of section 37ZZA or section 37ZZZA
Reorganisation scheme: this definition was inserted, as from 1 April 1978, by section 4(2) Local Government Amendment Act (No 2) 1977 (1977 No 109).
Reorganisation scheme: this definition was amended, as from 23 July 1988, by section 2 Local Government Amendment Act (No 3) 1988 (1988 No 109) by inserting the words “section 15B or”.
Reorganisation scheme: this definition was amended, as from 6 June 1989, by section 2(15)(d) Local Government Amendment Act (No 2) 1989 (1989 No 29) by inserting the words “a reorganisation scheme within the meaning of section 37ZZE of this Act; and also includes”.
Reorganisation scheme: this definition was substituted, as from 1 July 1994, by section 2(1) Local Government Amendment Act 1994 (1994 No 68).
residential qualification
[Repealed]
Residential qualification: this definition was repealed, as from 17 June 1986, by section 2(4) Local Government Amendment Act 1986 (1986 No 21).
riding
[Repealed]
Riding: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
road has the meaning defined in section 315
Road: this definition was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
rural area means an area zoned rural in a proposed or an operative district plan
Rural area: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43).
Rural area: this definition was amended, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “district plan” for the words “district scheme”.
Secretary means the Secretary for Local Government
scheme
[Repealed]
Scheme: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
ship has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994
Ship: this definition was inserted, as from 29 April 1999, by section 2(1) Local Government Amendment Act (No 2) 1999 (1999 No 24).
special consultative procedure means the procedure set out in section 83 of the Local Government Act 2002
Special consultative procedure: this definition was inserted, as from 6 June 1989, by section 2(12) Local Government Amendment Act 1989 (1989 No 29).
Special consultative procedure: this definition was substituted, as from 7 July 2004, by section 3(3) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
special order
[Repealed]
Special order: this definition was repealed, as from 7 July 2004, by section 3(4) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
State highway means a State highway declared under section 60 of the Government Roading Powers Act 1989
subdivision
[Repealed]
Subdivision: this definition was repealed, as from 6 June 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002
Territorial authority: this definition was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Territorial authority: this definition was amended, as from 14 January 1983, by section 28(1) Local Government Amendment Act (No 2) 1982 (1982 No 166) by omitting the words “or to land in the County of Fiord”.
Territorial authority: this definition was substituted, as from 6 June 1989, by section 2(13) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Territorial authority: this definition was substituted, as from 1 July 1992, by section 2(10) Local Government Amendment Act 1992 (1992 No 42).
Territorial authority: this definition was substituted, as from 1 July 1994, by section 2(2) Local Government Amendment Act 1994 (1994 No 68).
Territorial authority: paragraph (b)(i) of this definition was substituted, as from 1 November 1995, by section 31(2) Chatham Islands Council Act 1995 (1995 No 41).
Territorial authority: this definition was substituted, as from 7 July 2004, by section 3(5) Local Government Act 1974 Amendment Act 2004 (2004 No 64).
territorial authority district means a district in respect of which a territorial authority is constituted; and, in relation to land in respect of which the Minister of Local Government is the territorial authority, means that land
Territorial authority district: this definition was inserted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Territorial authority district: this definition was amended, as from 1 April 1988, by section 2(1)(d) Local Government Amendment Act 1988 (1988 No 71) by substituting the words “Minister of Local Government” for the words “Minister of Works and Development”.
Territorial authority district: this definition was substituted, as from 1 July 1992, by section 2(11) Local Government Amendment Act 1992 (1992 No 42).
treasurer, in relation to any council, means the treasurer appointed by the council; and includes any person for the time being appointed by the council to perform the duties of treasurer thereto
Treasurer: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
undivided district
[Repealed]
Undivided district: this definition was repealed, as from 1 November 1989, by section 2(16) Local Government Amendment Act (No 2) 1989 (1989 No 29).
united council
[Repealed]
United council: this definition was repealed, as from 6 June 1989, by section 2(17) Local Government Amendment Act (No 2) 1989 (1989 No 29).
upgrading, in relation to any road, includes any change to the composition, width, or surfacing of the road
Upgrading: this definition was inserted, as from 29 April 1985, by section 2(3) Local Government Amendment Act 1985 (1985 No 60).
valuation roll, in relation to any district, means the valuation roll for the district prepared under section 7 of the Rating Valuations Act 1998 and approved by the Valuer-General under section 11 of that Act
Valuation roll: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act 1977 (1977 No 122).
Valuation roll: this definition was substituted, as from 29 June 1988, by section 208(1) Rating Powers Act 1988 (1988 No 97).
Valuation roll: this definition was amended, as from 1 July 1998, by section 54(1) Ratings Valuations Act 1998 (1998 No 69) by substituting the words “section 7 of the Rating Valuations Act 1998 and approved by the Valuer-General under section 11 of that Act” for the words “section 28 of the Valuation of Land Act 1951”. See sections 55 to 63 for the savings and transitional provisions.
ward means a subdivision, for electoral purposes, of the district of a territorial authority
Ward: this definition was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122)
Ward: this definition was substituted, as from 1 July 1992, by section 2(12) Local Government Amendment Act 1992 (1992 No 42).
working day means any day of the week other than—
- (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
- (b) a day in the period commencing with the 25 December in any year and ending with the 15 January in the following year.
Working day: this definition was inserted, as from 6 June 1989, by section 2(14) Local Government Amendment Act (No 2) 1989 (1989 No 29).
(2) The Governor-General may, from time to time, by Order in Council,—
- (a) add to, or omit from, Schedule 1, or any Part thereof, the name of any class of local authority or the name of any specified local authority:
- (b) otherwise amend Schedule 1, or revoke any such Schedule or any Part of any such Schedule, and substitute a new Schedule or a new Part, as the case may require.
(3) [Repealed]
(4) For the purposes of this Act, any 2 or more districts or communities shall be deemed to be adjoining districts or communities and any area shall be deemed to adjoin a district or community or another area, notwithstanding that they may be separated by a public highway, any railway, any watercourse (whether natural or artificial), any harbour, the sea, or any other natural or artificial feature.
(5) For the purposes of this Act, the certificate of the Government Statistician as to the population of any district or area or the electoral population of any general electoral district, Maori electoral district, district, or area at any date shall be conclusive evidence thereof.
(6) Every provision of this Act vesting any land in a territorial authority shall, in the case of land situated in a territorial authority district of which the Minister of Local Government is the territorial authority, be read as a provision vesting the land in the Crown.
Compare: 1967 No 134 s 2
State highway: this definition was inserted, as from 20 October 1978, by section 3(2) Local Government Amendment Act 1978 (1978 No 43), and amended by section 116(4) Transit New Zealand Act 1989 (1989 No 75).
Section 2(1) State highway: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (2) was inserted, as from 6 June 1989, by section 2(18) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (3) was repealed, as from 6 June 1989, by section 2(18) Local Government Amendment Act (No 2) 1989 (1989 No 29).
Subsection (4) was amended, as from 25 November 1976, by section 3(1) Local Government Amendment Act 1976 (1976 No 55) by omitting the words “and in the case of districts of territorial authorities, notwithstanding that they may be separated by the whole or part of not more than one other district of a territorial authority”.
Subsection (5) was inserted, as from 1 April 1978, by section 7(2) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (5) was amended, as from 17 June 1986, by section 2(3) Local Government Amendment Act (No 2) 1986 (1986 No 24) by inserting the words “or the electoral population of any general electoral district, Maori electoral district, district, or area”.
Subsection (6) was inserted, as from 12 December 1979, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Subsection (6) was amended, as from 1 April 1988, by section 2(2) Local Government Amendment Act 1988 (1988 No 71) by substituting the words “Minister of Local Government” for the words “Minister of Works and Development”.

2A Functions, powers, and duties of Minister of Local Government

[Repealed]
Section 2A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

2B Secretary for Local Government

[Repealed]
Section 2B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 1
The Local Government Commission

[Repealed]

Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

The Commission

[Repealed]

3 Local Government Commission

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

4 Term of office of members

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

5 Extraordinary vacancies

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

6 Deputies of members

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

7 Deputy Chairman

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

8 Temporary members

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

8A Committees

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

9 Meetings

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

10 Remuneration, allowances, and expenses

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

11 Commission may co-opt specialist advice

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

11A Power of Commission to engage consultants

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

12 Officers of Commission

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

13 Commission to be a Commission of Inquiry

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

14 Evidence in proceedings before Commission

[Repealed]
Part 1 (comprising sections 3 to 14) was repealed, as from 1 April 1990, by section 4(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Functions and powers of Commission

[Repealed]

15 Functions of Commission

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

15A Object

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

15B Duty of Commission to prepare final reorganisation schemes

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

15E Procedures for preparing final reorganisation schemes

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Regional schemes

[Repealed]

16 Commission may direct investigations

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

17 Regional schemes

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

18 Procedure for preparation of regional schemes

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

19 Holding of public meetings

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

20 Notice of provisional regional scheme

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

21 Objections to provisional regional scheme

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

22 Final regional scheme

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

23 Notice of final regional scheme

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

24 Minister may refer final scheme back to Commission for reconsideration

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Reorganisation schemes

[Repealed]

25 Matters which may be included in reorganisation schemes

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

26 Initiation of reorganisation schemes

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

26A Commission may decide not to proceed with proposal

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

27 Commission to endeavour to negotiate agreements

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

29 Conduct of survey

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

30 Action to be taken after survey taken

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

31 Fate of proposal after survey

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

32 Public notice of provisional reorganisation scheme

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

33 Objections to provisional reorganisation scheme

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Matters common to regional and reorganisation schemes

[Repealed]

34 Final reorganisation scheme

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

35 Supplementary provisions for giving effect to schemes

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

36 Effect to be given to final scheme

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37 Provisions to be included in Order in Council

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37A Appeal against determination of Commission

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37E Apportionment of assets and liabilities

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37F Apportionment of loan liabilities

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37G Apportionment of petroleum tax revenue

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37H Payment on transfer of trading undertaking

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37HB Registers

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Annual report

[Repealed]

37I Annual report

[Repealed]
Sections 15 to 37I were repealed, as from 1 November 1989, by section 3(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 1A
Purposes and structure of local government

Part 1A (comprising sections 37J to 37T) was inserted, as from 1 November 1989, by section 5(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

37J Commencement

[Repealed]
Section 37J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37K Purposes of local government

[Repealed]
Section 37K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37L Structure of local government

[Repealed]
Section 37L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37M Cities

[Repealed]
Section 37M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37N Unitary authorities

[Repealed]
Section 37N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37O Regional boundaries

[Repealed]
Section 37O was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37P Territorial authority boundaries

[Repealed]
Section 37P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37Q Out-districts

[Repealed]
Section 37Q was repealed, as from 1 July 1992, by section 5 Local Government Amendment Act 1992 (1992 No 42).

37R Minister of Local Government to be territorial authority

[Repealed]
Section 37R was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 37RA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37S Functions of regional councils

[Repealed]
Section 37S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37SA Further provisions relating to functions of regional councils

[Repealed]
Section 37SA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37SB Hazardous waste management

[Repealed]
Section 37SB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37SC Transfer of functions, duties, etc

[Repealed]
Section 37SC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37SD Revocation of transfer of functions, duties, etc

[Repealed]
Section 37SD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Auckland regional growth strategy

[Repealed]

Heading: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

37SE Auckland regional growth strategy

[Repealed]
Section 37SE: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

37SF Copies of regional growth strategy

[Repealed]
Section 37SF: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

37SG Regional growth forum

[Repealed]
Section 37SG: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

37SH Consultation

[Repealed]
Section 37SH: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

37T Functions of territorial authorities

[Repealed]
Section 37T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2A
Local Government Commission

[Repealed]

Part 2A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37U Commencement

[Repealed]
Section 37U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37V Local Government Commission

[Repealed]
Section 37V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37W Functions of Commission

[Repealed]
Section 37W was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37X Commission to report to Minister

[Repealed]
Section 37X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37Y Membership of Commission

[Repealed]
Section 37Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37Z Term of office

[Repealed]
Section 37Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZA Deputies of members

[Repealed]
Section 37ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZB Temporary members

[Repealed]
Section 37ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZC Further provisions applying in respect of Commission

[Repealed]
Section 37ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2AA
Appeals against decisions of commission

[Repealed]

Part 2AA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZD Commencement

[Repealed]
Section 37ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZE Appeal against decision of Commission on question of law

[Repealed]
Section 37ZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZF Notice of appeal

[Repealed]
Section 37ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZG Right to appear and be heard on appeals

[Repealed]
Section 37ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZH Orders relating to determination of appeals

[Repealed]
Section 37ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZI Dismissal of appeal

[Repealed]
Section 37ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZJ Appeal in respect of additional points of law

[Repealed]
Section 37ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZK Extension of time

[Repealed]
Section 37ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZL Date of hearing

[Repealed]
Section 37ZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZM Restriction on appeals

[Repealed]
Section 37ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2B
Initiation of reorganisation proposals

[Repealed]

Part 2B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Reorganisation proposals

37ZN Matters that may be included in reorganisation proposal

[Repealed]
Section 37ZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZO Initiation of reorganisation proposal

[Repealed]
Section 37ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZP Procedure for initiation of reorganisation proposal

[Repealed]
Section 37ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZQ Contents of reorganisation proposal

[Repealed]
Section 37ZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Criteria

37ZQA Criteria

[Repealed]
Section 37ZQA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZR Boundaries

[Repealed]
Section 37ZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZRA Membership

[Repealed]
Section 37ZRA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]

Parts 2BA to 2BC were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZS Interpretation

[Repealed]
Section 37ZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZT Action required on receipt of reorganisation proposal

[Repealed]
Section 37ZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZU Relevant criteria

[Repealed]
Section 37ZU was repealed, as from 1 July 1994, by section 5(2) Local Government Amendment Act 1994 (1994 No 68).

Principal local authority

37ZV Designation of principal local authority

[Repealed]
Section 37ZV was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZW Duties of principal local authority

[Repealed]
Section 37ZW was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Submissions

37ZX Submissions in relation to draft reorganisation scheme

[Repealed]
Section 37ZX was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZY Power to appoint committee to consider submissions

[Repealed]
Section 37ZY was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZ Consideration and hearing of submissions

[Repealed]
Section 37ZZ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Decisions

37ZZA Decisions in relation to draft reorganisation scheme

[Repealed]
Section 37ZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZB Procedure where no submissions received

[Repealed]
Section 37ZZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Appeals

37ZZC Appeal against decision of principal local authority

[Repealed]
Section 37ZZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZD Notice of appeal

[Repealed]
Section 37ZZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZE Right to appear and be heard on appeals

[Repealed]
Section 37ZZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZF Orders relating to determination of appeals

[Repealed]
Section 37ZZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZG Dismissal of appeal

[Repealed]
Section 37ZZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZH Appeal in respect of additional matters

[Repealed]
Section 37ZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZI Extension of time

[Repealed]
Section 37ZZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZJ Date of hearing

[Repealed]
Section 37ZZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZK Hearing and determination of appeal

[Repealed]
Section 37ZZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZL Power to refer appeal back for reconsideration

[Repealed]
Section 37ZZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZM Notice of decision on appeal

[Repealed]
Section 37ZZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZMA Procedure after appeal

[Repealed]
Section 37ZZMA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZN Provisions pending determination of appeal

[Repealed]
Section 37ZZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Similar proposals

37ZZNA Power to decline to consider reorganisation proposal

[Repealed]
Section 37ZZNA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2BB
Consideration of proposals for new districts

[Repealed]

Parts 2BA to 2BC were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZO Interpretation

[Repealed]
Section 37ZZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZP Minimum populations of districts and regions

[Repealed]
Section 37ZZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZQ Duties of principal administrative officer

[Repealed]
Section 37ZZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZQA Representative of electors

[Repealed]
Section 37ZZQA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZQB Commission to obtain views

[Repealed]
Section 37ZZQB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZR Commission to prepare draft reorganisation scheme and explanatory statement

[Repealed]
Section 37ZZR was repealed, as from 1 July 1994, by section 7 Local Government Amendment Act 1994 (1994 No 68).

37ZZS Consideration of proposal by Commission

[Repealed]
Section 37ZZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZSA Power to decline to consider reorganisation proposal

[Repealed]
Section 37ZZSA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZT Referral back of proposal

[Repealed]
Section 37ZZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTA Power to decline resubmitted proposal

[Repealed]
Section 37ZZTA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Reviews

37ZZTB Reviews

[Repealed]
Section 37ZZTB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTC Statement of review

[Repealed]
Section 37ZZTC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTD Public notice of review

[Repealed]
Section 37ZZTD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTE Submissions on review

[Repealed]
Section 37ZZTE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTF Requirement to consult

[Repealed]
Section 37ZZTF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTG Consideration of submissions

[Repealed]
Section 37ZZTG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTH Inquiries and investigations

[Repealed]
Section 37ZZTH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTI Decisions on review

[Repealed]
Section 37ZZTI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTJ Completion of review

[Repealed]
Section 37ZZTJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZTK Application of Part 2BA with modifications

[Repealed]
Section 37ZZTK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZU Commission to deal with amended proposal

[Repealed]
Section 37ZZU was repealed, as from 1 July 1994, by section 8 Local Government Amendment Act 1994 (1994 No 68).

Reorganisation schemes

This heading was inserted, as from 1 July 1994, by section 9 Local Government Amendment Act 1994 (1994 No 68).

37ZZV Draft reorganisation scheme

[Repealed]
Section 37ZZV was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZVA Power to amend basis of certain rates

[Repealed]
Section 37ZZVA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZVB Power to amend reorganisation schemes

[Repealed]
Section 37ZZVB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZW Explanatory statement

[Repealed]
Section 37ZZW was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZX Commission to give public notice of draft reorganisation scheme and explanatory statement

[Repealed]
Section 37ZZX was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZY Submissions on draft reorganisation scheme

[Repealed]
Section 37ZZY was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZ Consideration of submissions

[Repealed]
Section 37ZZZ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZA Reorganisation scheme

[Repealed]
Section 37ZZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZB Explanatory statement

[Repealed]
Section 37ZZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZC Duty of Commission to give notice

[Repealed]
Section 37ZZZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZD Power of proposer to withdraw proposal

[Repealed]
Section 37ZZZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZDA Power of Commission to abandon reorganisation scheme or to resolve to conduct review

[Repealed]
Section 37ZZZDA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Polls

This heading was inserted, as from 1 July 1994, by section 14 Local Government Amendment Act 1994 (1994 No 68).

37ZZZE Polls to be held

[Repealed]
Section 37ZZZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZF Timing of poll

[Repealed]
Section 37ZZZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZG Official result of poll

[Repealed]
Section 37ZZZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZH Fate of proposal after poll

[Repealed]
Section 37ZZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZHA Power to decline to consider reorganisation proposal

[Repealed]
Section 37ZZZHA was repealed, as from 1 July 1994, by section 15 Local Government Amendment Act 1994 (1994 No 68).

37ZZZI Regulations

[Repealed]
Section 37ZZZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Expenditure limits

37ZZZIA Interpretation

[Repealed]
Section 37ZZZIA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIB Population

[Repealed]
Section 37ZZZIB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIC Advertising in relation to polls

[Repealed]
Section 37ZZZIC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZID Provision of funding to proposer

[Repealed]
Section 37ZZZID was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIE Returns of expenditure

[Repealed]
Section 37ZZZIE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIF Authorisation of advertising

[Repealed]
Section 37ZZZIF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZIG Application

[Repealed]
Section 37ZZZIG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2BC
Implementation of reorganisation schemes

[Repealed]

Parts 2BA to 2BC were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZJ Implementation of reorganisation schemes

[Repealed]
Section 37ZZZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 37ZZZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZL Order in Council may set ward and constituency boundaries

[Repealed]
Section 37ZZZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 37ZZZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZN Power to amend basis of certain rates

[Repealed]
Section 37ZZZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZO Power to amend reorganisation schemes

[Repealed]
Section 37ZZZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Miscellaneous provisions

37ZZZP No compensation payable where function transferred

[Repealed]
Section 37ZZZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 37ZZZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

37ZZZR Registers

[Repealed]
Section 37ZZZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 37ZZZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 2
Regions, territorial districts, and communities

[Repealed]

Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

38 This Part to be read subject to Part 1

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

39 Application of this Act

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Regions and regional and united councils

[Repealed]

40 Constitution, alteration, union, and abolition of regions

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

41 Regional councils and united councils

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

42 Membership of regional councils

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

43 Review of constituencies and membership

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

44 Objections to decision of regional council

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

45 Membership of united councils

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

46 Alteration of allocation of appointments to united councils

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

46A Joint appointments to united council

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Constitution of districts of territorial authorities

The heading “Constitution of Districts of Territorial Authorities” was substituted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122), and repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

47 Interpretation

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

48 Constitution, alteration, and union of districts

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

49 Electors may request constitution of new district or alteration of boundaries of existing district

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

50 Boundaries of districts

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

51 New cities

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Councils of districts

[Repealed]

52 Councils of districts

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

53 Incorporation of councils

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

54 District Councils

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

55 Membership of councils

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56 Review of basis of election

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56A Review of basis of election and division of district with population over 70,000 into wards

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56B Commission to determine wards

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56C Factors to be used in determining wards

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

56D Ward system where members of territorial authority elected on wards system in 1983

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Constitution of communities

[Repealed]

57 Constitution of communities

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

58 Union, alteration, or abolition of communities

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

District community councils and community councils

[Repealed]

59 District community councils and community councils

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

60 Membership of district community councils and community councils

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

61 Purpose of community council

[Repealed]
Part 2, comprising sections 38 to 61, was repealed, as from 1 November 1989, by section 6 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 3
Elections, electors, and electoral rolls

[Repealed]

Part 3, (comprising sections 62 to 89) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

Members other than members of united council

62 Election of members

[Repealed]
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

63 Electors qualified for election

[Repealed]
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

64 Persons disqualified for election

[Repealed]
Section 64 was repealed, as from 17 June 1986, by section 6 Local Government Amendment Act 1986 (1986 No 21).

Members of united council

65 Members of united council

[Repealed]
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Special provisions relating to communities

[Repealed]

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

[Repealed]
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

67 Representation of district community council on territorial authority and other bodies

[Repealed]
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

68 Appointment of representative of community council to attend territorial authority meetings

[Repealed]
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Electors

[Repealed]

69 Parliamentary electors with appropriate residential qualification qualified as electors of territorial authority, ward, or community

[Repealed]
Sections 62 and 63, and sections 65 to 69 were repealed, as from 1 November 1989, by section 12(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

70 Electors and voting rights

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

71 Electors of regions

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Electoral rolls

[Repealed]

72 Compilation of electoral roll

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

73 No person to be enrolled more than once

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Electoral rolls

[Repealed]

74 Roll to be available for public inspection

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

75 Application for registration as a parliamentary elector

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

76 Completion of roll

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

77 Amendments to roll

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

78 When roll in force

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

79 Proof of roll

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

80 Roll for by-election or poll

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

81 Use of roll for other local authority election, by election, or poll

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

82 When roll in force, and amendment thereto

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

83 Local Elections and Polls Act 1976 applied

[Repealed]
Sections 70 to 83 were repealed, as from 1 July 1989, by section 11(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

84 Revision of rolls

[Repealed]
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

85 Rolls for purposes of by-elections and polls

[Repealed]
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

86 Use of rolls for other local authority elections and polls

[Repealed]
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

87 Special provisions relating to regional council elections

[Repealed]
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

88 Local Elections and Polls Act 1976 applied

[Repealed]
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

89 Compulsory enrolment of residential electors

[Repealed]
Sections 69 to 83 were substituted, and sections 84 to 89 were repealed, as from 17 June 1986, by section 7 Local Government Amendment Act 1986 (1986 No 21).

Part 4
Mayor, chairman, and members of councils

[Repealed]

90 Mayor of borough

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

91 Mayor or Chairman of district of district council

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

92 Election of mayor

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

93 Election of chairman of regional council, united council, county, district of a district council, town district, district community council, or community council

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

93A Regional, united county, district, town, district community, or community council may remove Chairman from office and elect new Chairman

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

93B Election of Chairman by open voting

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

94 Principal administrative officer to preside at meeting for election of chairman

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

96 Provisions applying to all mayors and chairmen

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Disqualification of members of councils, and filling of extraordinary vacancies

[Repealed]

97 Disqualification of members of councils other than united councils

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

98 Extraordinary vacancies (council other than united councils)

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

99 Vacancies in membership of united council

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

100 Ouster of office of member

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

101 Audit Office to institute proceedings

[Repealed]
Part 4, comprising sections 90 to 101, was repealed, as from 1 November 1989, by section 12(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 4A
Membership, wards and constituencies

[Repealed]

Part 4A, comprising sections 101A to 101ZE, was inserted, as from 1 November 1989, by section 13 Local Government Amendment Act (No 2) 1989 (1989 No 29).

101A Commencement

[Repealed]
Section 101A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101B Application

[Repealed]
Section 101B was repealed, as from 10 October 1992, by section 9(1) Local Government Amendment Act 1992 (1992 No 42).

101C Membership of territorial authorities

[Repealed]
Section 101C was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101CA Membership of regional councils

[Repealed]
Section 101CA was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101D Wards and constituencies of districts and regions

[Repealed]
Section 101D was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101E Membership

[Repealed]
Section 101E was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101F Electors of regions, territorial authorities, and communities

[Repealed]
Section 101F was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

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

[Repealed]
Section 101G was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101GA Candidacy for both regional council and constituent authority prohibited

[Repealed]
Section 101GA was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101H Review of membership and basis of election

[Repealed]
Section 101H was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101I Distribution of copies of resolution

[Repealed]
Section 101I was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101J Objections

[Repealed]
Section 101J was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101K Commission to determine wards and constituencies

[Repealed]
Section 101K was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.

101L Factors in determination of membership and basis of election

[Repealed]
Section 101L was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85).

101M When ward and constituency determinations take effect

[Repealed]
Section 101M was repealed, as from 25 December 2002, by section 53(d) Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.

Presiding members of territorial authorities and regional councils

[Repealed]

101N Presiding member

[Repealed]
Section 101N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101O Qualification and election of mayor of territorial authority

[Repealed]
Section 101O was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101P Election of chairperson of regional council

[Repealed]
Section 101P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101Q Provisions applying to all mayors and chairpersons

[Repealed]
Section 101Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101R Filling of vacancy in office of mayor

[Repealed]
Section 101R was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101S Filling of vacancy in office of chairperson

[Repealed]
Section 101S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101T Mayors and chairpersons to be Justices of the Peace

[Repealed]
Section 101T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101U Election of deputy mayor or deputy chairperson

[Repealed]
Section 101U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 101V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 101W was repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

Extraordinary vacancies

[Repealed]

101X Disqualification of members

[Repealed]
Section 101X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101Y Ouster of office of member

[Repealed]
Section 101Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101Z Secretary to institute proceedings

[Repealed]
Section 101Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZA Member's right to resign

[Repealed]
Section 101ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZB Extraordinary vacancies

[Repealed]
Section 101ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZC Procedure in relation to extraordinary vacancy in local authority

[Repealed]
Sections 101ZC to 101ZE were repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101ZD Power to require election to be held

[Repealed]
Sections 101ZC to 101ZE were repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

101ZE Election to extraordinary vacancy

[Repealed]
Sections 101ZC to 101ZE were repealed, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35). See sections 153 to 157 of that Act as to the transitional provisions. See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).

Part 4B
Communities

[Repealed]

Part 4B, comprising sections 101ZF to 101ZZC, was inserted, as from 1 November 1989, by section 14 Local Government Amendment Act (No 2) 1989 (1989 No 29).

101ZF Commencement

[Repealed]
Section 101ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZG Constitution of communities

[Repealed]
Section 101ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZH Matters pertaining to constitution of communities

[Repealed]
Section 101ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZI Proposal to establish community

[Repealed]
Section 101ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZJ Requirements in relation to proposal

[Repealed]
Section 101ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZK Proposal seeking constitution of communities

[Repealed]
Section 101ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZL Matters to be considered when constituting community

[Repealed]
Section 101ZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZM Appeal against refusal to constitute community

[Repealed]
Section 101ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZN Procedures relating to resolution to constitute community

[Repealed]
Section 101ZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZO Union, alteration, or abolition of communities

[Repealed]
Section 101ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Community boards

[Repealed]

101ZP Community boards

[Repealed]
Section 101ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZQ Membership of community boards

[Repealed]
Section 101ZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZR Elections of community boards

[Repealed]
Section 101ZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZS Application of certain provisions relating to extraordinary vacancies

[Repealed]
Section 101ZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Procedural matters

[Repealed]

101ZT Chairperson of community board

[Repealed]
Section 101ZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZU Community board committees

[Repealed]
Section 101ZU was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZV Quorum of community board and committees of community board

[Repealed]
Section 101ZV was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZW Application of Part 5A

[Repealed]
Section 101ZW was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZX Community boards not committees of territorial authority

[Repealed]
Section 101ZX was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Purposes, functions, duties, and powers of community boards

[Repealed]

101ZY Purposes of community board

[Repealed]
Section 101ZY was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZ Functions, duties, and powers of community board

[Repealed]
Section 101ZZ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZA Specific functions determined by Order in Council

[Repealed]
Section 101ZZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Administrative and other facilities

[Repealed]

101ZZB Provision of administrative and other facilities for community boards

[Repealed]
Section 101ZZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZC Expenses of community boards

[Repealed]
Section 101ZZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 4C
Remuneration of members

[Repealed]

Part 4C, comprising sections 101ZZD to 101ZZV, was inserted, as from 1 July 1989, by section 15 Local Government Amendment Act (No 2) 1989 (1989 No 29).

101ZZD Commencement

[Repealed]
Section 101ZZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZE Interpretation

[Repealed]
Section 101ZZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZF Remuneration Authority to determine remuneration

[Repealed]
Section 101ZZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZG Mandatory criteria for Commission

[Repealed]
Section 101ZZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZH Submissions to Authority

[Repealed]
Section 101ZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZI Frequency of adjustments

[Repealed]
Section 101ZZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZJ Determination is a regulation

[Repealed]
Section 101ZZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZK Publication of determinations

[Repealed]
Section 101ZZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZL Levy to pay Authority's costs

[Repealed]
Section 101ZZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZM Members and officers of Remuneration Authority to maintain secrecy

[Repealed]
Section 101ZZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZN Meaning of remuneration

[Repealed]
Section 101ZZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZO Greytown District Trust Lands Trustees

[Repealed]
Section 101ZZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

101ZZP Salary or allowances not payable in certain circumstances

[Repealed]
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

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

[Repealed]
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZR Reduction of salary where full term not served

[Repealed]
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZS Office holder may decline to accept salary or allowance

[Repealed]
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZT Fund from which salaries and allowances to be paid

[Repealed]
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZU Travelling expenses of members

[Repealed]
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

101ZZV Travelling expenses of members attending conferences

[Repealed]
Sections 101ZZF to 101ZZO were substituted, and sections 101ZZP to 101ZZV were repealed, as from 15 December 2001, by section 4 Local Government (Elected Member Remuneration And Trading Enterprises) Amendment Act 2001 (2001 No 98).

Part 5
Procedural matters

[Repealed]

Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

102 Interpretation

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

103 Declaration by member

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Committees

[Repealed]

104 Standing or special committees

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

105 Joint committees

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

106 Subcommittees

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Meetings

[Repealed]

107 Chairman of meetings

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

108 Quorum of councils and committees, and voting at meetings

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

108A Voting system for certain elections and appointments

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

109 Proceedings not invalidated by vacancies, irregularities, etc

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

110 Ordinary meetings

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

111 Special meetings

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

112 Minutes of proceedings

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Special orders

[Repealed]

113 Special orders

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Procedural rules

[Repealed]

114 Rules as to proceedings of council, committees, etc

[Repealed]
Part 5, comprising sections 102 to 114, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 5A
Procedural and organisational matters

[Repealed]

Part 5A, comprising sections 114A to 114V, was inserted, as from 1 November 1989, by section 18 Local Government Amendment Act (No 2) 1989 (1989 No 29).

114A Commencement

[Repealed]
Section 114A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114B Interpretation

[Repealed]
Section 114B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Meetings

[Repealed]

114C General provisions as to meetings

[Repealed]
Section 114C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114D First meeting following triennial general election

[Repealed]
Section 114D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114E Ordinary meetings

[Repealed]
Section 114E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114F Special meetings

[Repealed]
Section 114F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114G Emergency meetings

[Repealed]
Section 114G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114H Meetings not invalid because notice not given

[Repealed]
Section 114H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Conduct of meetings

[Repealed]

114I Quorum of councils and committees

[Repealed]
Section 114I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114J Voting

[Repealed]
Section 114J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114K Voting systems for certain appointments

[Repealed]
Section 114K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114L Chairperson of meetings

[Repealed]
Section 114L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Procedures at meetings

[Repealed]

114M Standing orders

[Repealed]
Section 114M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114N Minutes of proceedings

[Repealed]
Section 114N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114O Proceedings not invalidated by vacancies, irregularities, etc

[Repealed]
Section 114O was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Committees and subcommittees

[Repealed]

114P Power to appoint committees and subcommittees

[Repealed]
Section 114P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114Q Delegation to committees and subcommittees

[Repealed]
Section 114Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114R Membership of committees and subcommittees

[Repealed]
Section 114R was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114S Joint committees

[Repealed]
Section 114S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Conduct of members

[Repealed]

114T Members to give notice of addresses

[Repealed]
Section 114T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114U Declaration by member

[Repealed]
Section 114U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

114V Members shall abide by standing orders

[Repealed]
Section 114V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 6
Administrative and other facilities

[Repealed]

Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

115 Administration of united council

[Repealed]
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

117 Staff of regional councils and territorial authorities

[Repealed]
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

118 Provision of administrative and other facilities for district community councils and community councils

[Repealed]
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

119 Expenses of community councils

[Repealed]
Part 6, comprising sections 115 to 119, was repealed, as from 1 November 1989, by section 17 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 6A
Employment of staff

[Repealed]

Part 6A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119A Commencement

[Repealed]
Section 119A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119B Staff of local authorities

[Repealed]
Section 119B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119C Chief executive officer or group of senior executive officers

[Repealed]
Section 119C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119D Responsibilities of executive officers

[Repealed]
Section 119D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119E Maximum term of employment

[Repealed]
Section 119E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119F General employment principles

[Repealed]
Section 119F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119G Equal employment opportunities programme

[Repealed]
Section 119G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119H Appointments on merit

[Repealed]
Section 119H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119I Obligation to notify vacancies

[Repealed]
Section 119I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

119J Maximum term of office of certain employees

[Repealed]
Section 119J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 7
General revenues and estimates

[Repealed]

Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).

120 General revenues

[Repealed]
Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).

121 Annual estimates

[Repealed]
Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).

122 Application of income

[Repealed]
Part 7, comprising sections 120 to 122, was repealed, as from 1 July 1992, by section 16 Local Government Amendment Act 1992 (1992 No 42).

Part 7A
Financial management

[Repealed]

Part 7A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122A Interpretation

[Repealed]
Section 122A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122B Purposes

[Repealed]
Section 122B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122C Principles of financial management

[Repealed]
Section 122C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122D Local authorities not required to use specific funding mechanisms

[Repealed]
Section 122D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122E Funding of expenditure needs

[Repealed]
Section 122E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122F Principles relating to funding of expenditure needs

[Repealed]
Section 122F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122G Considerations related to funding of expenditure needs

[Repealed]
Section 122G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122H Matters related to mechanisms for funding of expenditure needs

[Repealed]
Section 122H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122I Compliance

[Repealed]
Section 122I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122J Short-term borrowing, reserves, etc

[Repealed]
Section 122J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122K Long-term financial strategy

[Repealed]
Section 122K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122L Content of long-term financial strategy

[Repealed]
Section 122L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122M Significant forecasting assumptions of long-term financial strategy

[Repealed]
Section 122M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122N Funding policy

[Repealed]
Section 122N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122O Content of funding policy

[Repealed]
Section 122O was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122P Investment policy

[Repealed]
Section 122P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122Q Content of investment policy

[Repealed]
Section 122Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122R Borrowing management policy

[Repealed]
Section 122R was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122S Content of borrowing management policy

[Repealed]
Section 122S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122T Changes to long-term financial strategy and policies

[Repealed]
Section 122T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 122U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122V Report on long-term financial strategy and policies

[Repealed]
Section 122V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122W Limitation of review

[Repealed]
Section 122W was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122X Statement of compliance

[Repealed]
Section 122X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 7AB
Remission and postponement policies and policies for rates relief on Maori freehold land

[Repealed]

Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122XA Remission policy

[Repealed]
Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122XB Postponement policy

[Repealed]
Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122XC Rates relief policy for Maori freehold land

[Repealed]
Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122XD Factors applying to policy on rates relief for Maori freehold land

[Repealed]
Part 7AB (comprising sections 122XA to 122XD) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 7B
Borrowing and security

[Repealed]

Part 7B (comprising sections 122Y to 122ZT) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122Y Commencement

[Repealed]
Section 122Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122Z Interpretation

[Repealed]
Section 122Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Power to borrow

[Repealed]

122ZA General power to borrow

[Repealed]
Section 122ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZAA Internal borrowing

[Repealed]
Section 122ZAA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZB Power to enter into incidental arrangements

[Repealed]
Section 122ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZC Prohibition on borrowing in foreign currency

[Repealed]
Section 122ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Procedure for raising loans

[Repealed]

122ZD Procedure for borrowing money

[Repealed]
Section 122ZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Securities and charges

[Repealed]

122ZE Security for loans

[Repealed]
Section 122ZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZF Provisions applying to special rates

[Repealed]
Section 122ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZG Effects of breach on third parties

[Repealed]
Section 122ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Registration of charges

[Repealed]

122ZH Registration of charges

[Repealed]
Section 122ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZI Register of charges maintained by Registrar of Companies

[Repealed]
Section 122ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZJ Register of charges maintained by local authority

[Repealed]
Section 122ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZK Registration of subsisting charges

[Repealed]
Section 122ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Receivership

[Repealed]

122ZL Appointment of receivers

[Repealed]
Section 122ZL was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZM Powers and duties of receivers

[Repealed]
Section 122ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZN Constraints on receiver

[Repealed]
Section 122ZN was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZO Protection for receiver

[Repealed]
Section 122ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Miscellaneous provisions

[Repealed]

122ZP Loans not guaranteed by Crown

[Repealed]
Section 122ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZQ Assimilation of existing stock with new stock

[Repealed]
Section 122ZQ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZR Provisions relating to sinking funds

[Repealed]
Section 122ZR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZS Conversion of existing loans

[Repealed]
Section 122ZS was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

122ZT Preservation of existing status

[Repealed]
Section 122ZT was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 8
Assessments of united councils

[Repealed]

Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

123 Constituent authorities to meet expenditure

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

124 Valuation equalisation

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

125 Alterations to apportionment of expenditure

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

125A Objections as to alterations to apportionment of expenditure

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

126 Assessment of contributions

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

127 Jurisdiction of Magistrate's Court

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

128 Production of documents to be evidence

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

129 Payment of assessments

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

130 Powers of constituent authorities and other territorial authorities in respect of payments

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

131 Powers of united council to recover contributions in case of default

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

132 United councils not to have rating powers

[Repealed]
Part 8 (comprising sections 123 to 132) was repealed, as from 1 April 1990, by section 21 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 9
Rates and charges

[Repealed]

Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

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

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

General rating by regional councils

[Repealed]

134 Determination of rating system

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

135 Regional general rate

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Territorial authority general rates

[Repealed]

136 Territorial authority general rates

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

137 Levying of territorial authority general rate where ward accounts kept

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

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

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

General rating in communities

[Repealed]

139 Community general rate

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Regional works and services rules

[Repealed]

140 Regional works and services rates

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

141 Exercise of rating and levying powers of other authorities

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Territorial authority separate rates

[Repealed]

142 Works and services rates

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

143 Separate rates

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Improvement and development rates in communities

[Repealed]

144 Community improvement and development rates

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

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

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Rating methods

146 Interpretation

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

147 Differential rates

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

147A Introduction of differential rating

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

148 Alteration to system of differential rating

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

148A Alteration to system of differential rating

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

149 Revocation of differential rating

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

150 Notice to Valuer-General

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

151 Levying of differential rate

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

152 Application of proceeds of differential rate

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

153 Rating on a graduated scale

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

154 Land drainage or water-race rating on area system

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

155 Appeal against operation of area system

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

156 Classification for the purposes of area rate

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

157 Fire protection rate on value of improvements

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Charges instead of rates

[Repealed]

157A Uniform annual general charge

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

157B Reduction or cancellation of uniform annual general charge

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

157C Uniform annual general charges on properties only partly in district

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

158 Water charges

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

159 Provisions as to water meters

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

160 Water-race charge

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

161 Owner granting land for water race may have water free of charge or at reduced charge

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

162 Sewerage and stormwater drainage charges

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

163 Refuse charges

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164 Fire protection charges

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164A Territorial authority may levy uniform annual charge instead of rates for certain purpose

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164AA Annual charges on properties in common occupation

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Lump sum contribution to capital cost of works

164B Interpretation

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

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

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164D Preparation of cost estimates and calculation of contributions and rates or charges relating to works

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164E Right to make lump sum contribution

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164F Notification to ratepayer of right to make election

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164G Effect of election to make a lump sum contribution

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164H Payment of lump sum contributions

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164I Recalculation of lump sum contributions on completion of work

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164J Refund of or increase in lump sum contribution

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

164K Lump sum contribution deemed to be separate rate

[Repealed]
Part 9 (comprising sections 133 to 164K) was repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

Part 10
Miscellaneous financial provisions

[Repealed]

Part 10, comprising sections 165 to 180, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

165 Interpretation

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

166 Minimum rates

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

167 Charges deemed to be rates

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

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

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

169 Adjusted valuation

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

170 Adoption of different rating system in community

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

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

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

172 Separate rate may be made an annually recurring rate

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

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

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

174 Consolidation of special rates

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

175 Consolidation of rates

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

176 Application of surplus of certain rates and contributions

[Repealed]
Sections 165 to 176 were repealed, as from 1 April 1989, by section 209(1) Rating Powers Act 1988 (1988 No 97).

177 Unauthorised expenditure

[Repealed]
Section 177 was repealed, as from 1 July 1990, by section 24(2) Local Government Amendment Act (No 2) 1989 (1989 No 29).

178 Special provisions as to County of Chatham Islands

[Repealed]
Section 178 was repealed, as from 22 December 1980, by section 14(3) Chatham Islands County Council Empowering Act 1980 (Local) and section 209(1) Rating Powers Act 1988 (1988 No 97).

Timber levy

[Repealed]

179 Levy on timber

[Repealed]
Section 179 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Borrowing

[Repealed]

180 Security for loans

[Repealed]
Section 180 was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

Part 11
Local authorities fuel tax

Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Part 11 heading: amended, on 1 October 2008, by section 4 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

181 Interpretation

(1) In this Part—
component authority means a territorial authority
Component authority: a proviso was omitted, as from 16 December 1989, by section 23 Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27).
Component authority: substituted, as from 1 July 1992, by section 18 Local Government Amendment Act 1992 (1992 No 42).
component district means the district of a component authority
Component district: substituted, as from 1 July 1992, by section 18 Local Government Amendment Act 1992 (1992 No 42).
distribution authority means the territorial authority in each tax area whose name is for the time being distinguished by the letter D in that part of the second column of Schedule 7 which relates to that tax area
Distribution authority: substituted, as from 1 July 1992, by section 18 Local Government Amendment Act 1992 (1992 No 42).
engine fuel has the meaning given by section 1B of the Energy (Fuels, Levies, and References) Act 1989
petroleum
[Repealed]
specified engine fuel—
- (a) means,—
  - (i) if no Order in Council is in force under subparagraph (ii), engine fuel specified in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996) as a type of—
    (A) motor spirit; or
    (B) diesel (including blends of diesel and kerosene); or
    (C) biodiesel; or
    (D) ethyl alcohol specified under the heading Fuels in Part A or B of the Excise and Excise-equivalent Duties Table (as so defined); or
  - (ii) that part of engine fuel specified in the Excise and Excise-equivalent Duties Table (as so defined) and prescribed by an Order in Council made under section 199A; but
- (b) excludes—
  - (i) engine fuel supplied for use in the generation of electricity, or the manufacture of gas, for public use at any electric-power station or gas works; or
  - (ii) engine fuel supplied for use as fuel for any commercial ship within the meaning of section 2(1) of the Maritime Transport Act 1994; or
  - (iii) engine fuel used in the manufacture of refined petroleum products at any refinery
tax area means a tax area under this Part
wholesale distributor means a person who, whether exclusively or not,—
- (a) engages in the sale of engine fuel by wholesale; or
- (b) sells engine fuel to a retailer; or
- (c) manufactures or produces engine fuel within New Zealand.
(2) For the purposes of this section, the part of engine fuel that is motor spirit, diesel, biodiesel, or ethyl alcohol remains so whether or not it is blended with anything else.
Compare: 1970 No 134 s 2; 1973 No 71 s 2; 1974 No 66 s 138
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 181(1) engine fuel: inserted, on 1 October 2008, by section 5(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(1) petroleum: repealed, on 1 October 2008, by section 5(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(1) specified engine fuel: inserted, on 1 October 2008, by section 5(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(1) specified engine fuel paragraph (a): substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).
Section 181(1) wholesale distributor: substituted, on 1 October 2008, by section 5(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(2): added, on 1 October 2008, by section 5(4) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

182 Application of this Part

(1) Unless the Governor-General by Order in Council determines otherwise, a local authorities fuel tax in accordance with this Part may be levied and collected by the Crown, and is payable on any specified engine fuel purchased in New Zealand.
(2) This Part shall not apply in the Chatham Islands, or to specified engine fuel sold, or agreed to be sold, or disposed of, for delivery within the Chatham Islands or used there by any wholesale distributor.
Compare: 1970 No 134 s 3
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 182(1): substituted, on 1 October 2008, by section 6(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 182(2): substituted, on 1 October 2008, by section 6(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

183 Tax areas for purposes of tax

(1) The tax areas shall be those named in the first column of Schedule 7, and the component districts of each such tax area shall be those specified in the second column of the said Schedule opposite the name of the tax area.
(2) If at any time the boundaries of the district of a territorial authority comprised in any tax area are altered, the alteration shall have effect with respect to the tax area, and the boundaries of the tax area shall be deemed to be altered accordingly.
Part 11 (comprising sections 181 to 200) was inserted, as from 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsections (3) and (4) were repealed, as from 10 July 1987, by section 2(1) Local Government Amendment Act 1987 (1987 No 149).
Section 183 was substituted, as from 1 July 1992, by section 19 Local Government Amendment Act 1992 (1992 No 42).

184 Notice of change of distribution authority

Where pursuant to this Part the functions of a distribution authority are transferred from one component authority to another component authority, the component authority to which the functions are transferred shall give notice accordingly to—
- (a) every wholesale distributor at his head office in New Zealand; and
- (b) the Secretary.
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

185 Powers of component authorities to levy fuel tax

(1) There may from time to time, on behalf of the component authorities of any tax area, be levied in accordance with this Part a tax, to be called the local authorities fuel tax, on all specified engine fuel that, on or after the date on which the tax becomes effective, is—
- (a) delivered within the tax area by or on behalf of any wholesale distributor pursuant to any sale, agreement to sell, or disposition made by the wholesale distributor before or after the commencement of this Part, irrespective of where the sale, agreement to sell, or disposition was made; or
- (b) used by any wholesale distributor within the tax area.
(2) Any tax so levied shall be—
- (a) at the rates specified in Scale A or in Scale B or in Scale C in Schedule 6; and
- (b) in respect of each class of specified engine fuel specified in that Schedule, at the rate specified for that class in the scale under which the tax is levied.
(3) Notwithstanding anything in subsection (1), no local authorities fuel tax shall be levied or payable in respect of any transaction whereby—
- (a) any specified engine fuel is sold or agreed to be sold or disposed of by a wholesale distributor to another wholesale distributor; or
- (b) any specified engine fuel is exported by a wholesale distributor, or is sold or agreed to be sold or disposed of by him for exportation, and is loaded upon the exporting ship or aircraft.
(3A) If any type of diesel is a specified engine fuel, the local authorities fuel tax applies to blends of kerosene and diesel as if they were entirely diesel.
(4) Subject to this Part, the local authorities petroleum tax being levied immediately before the commencement of this Part pursuant to the Local Authorities (Petroleum Tax) Act 1970 shall continue to be levied under this Part, as if the decision to levy the tax had been made under this Part, until the scale of tax is altered pursuant to section 186, and every notice in the form set out in Schedule 3 to the Local Authorities (Petroleum Tax) Act 1970 given by a local authority under section 10(a) of that Act shall continue in force after the commencement of this Part as if it were a notice given under this Act in the form set out in Schedule 8.
(5) Every reference in an enactment or document to the local authorities petroleum tax must, unless the context otherwise requires, be read as a reference to the local authorities fuel tax.
Compare: 1970 No 134 s 4
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 185 heading: amended, on 1 October 2008, by section 7(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(1): amended, on 1 October 2008, by section 7(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(1): amended, on 1 October 2008, by section 7(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(2)(b): amended, on 1 October 2008, by section 7(3) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(3): amended, on 1 October 2008, by section 7(4) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(3)(a): amended, on 1 October 2008, by section 7(5) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(3)(b): amended, on 1 October 2008, by section 7(5) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(3A): inserted, on 1 October 2008, by section 7(6) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 185(5): added, on 1 October 2008, by section 7(7) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

186 Alteration of scale of tax

(1) The scale of the tax in force in any tax area may from time to time be altered by a determination of a meeting of representatives of all component authorities of the tax area.
(2) [Repealed]
(3) No alteration in the scale of the tax shall be made under subsection (1) to take effect at any time within 12 months after the date of the taking effect of a previous determination under this section.
(4) Each component authority (including the distribution authority) may appoint 1 of its members to attend as its representative any meeting under subsection (1).
(5) Every representative so appointed shall be entitled to exercise 1 vote at the meeting:
provided that if the population of any component district is 7 500 or more, its representative shall have 1 additional vote.
(6) Every question at the meeting shall be decided on a majority of the valid votes cast at the meeting.
(7) Subject to this section, the representatives present at the meeting may regulate their own procedure.
(8) Sections 6, 7, and 8 of the Local Authorities (Members' Interests) Act 1968 shall apply with respect to every meeting to which subsection (1) applies as if the meeting were a meeting of members of a committee of a local authority within the meaning of that Act.
(9) Every meeting to which subsection (1) applies shall be deemed for the purposes of the Local Government Official Information and Meetings Act 1987 to be a meeting of a public body within the meaning of that Act, and that Act shall apply accordingly. For the purposes of section 51 of that Act, the office of the distribution authority shall be deemed to be the office of the component authorities.
(10) No alteration in the scale of tax shall be made to take effect on any day other than the first day of a specified month.
Compare: 1970 No 134 ss 7(2), (3), (4), (5), 9, 30, 31; 1974 No 66 s 137
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (1) was substituted, as from 1 July 1992, by section 20(1) Local Government Amendment Act 1992 (1992 No 42).
Subsection (2) was repealed, as from 1 July 1992, by section 20(2) Local Government Amendment Act 1992 (1992 No 42).
Subsection (3) was substituted, as from 1 July 1992, by section 20(3) Local Government Amendment Act 1992 (1992 No 42).
The reference to the “Local Government Official Information and Meetings Act 1987” and “section 51” referred to in subsection (9) were substituted, as from 17 July 1987, for references to the “Public Bodies Meetings Act 1962” and “section 7” by section 58 Local Government Official Information and Meetings Act 1987 (1987 No 174).

187 Notice of alteration of tax

On the making of any alteration to the scale of tax to be levied in any tax area, the principal administrative officer of the distribution authority shall forthwith—
- (a) give public notice, which shall be published in newspapers circulating in the tax area, in the form set out in Schedule 8, of the alteration of the tax, of the date on which it becomes effective, and of the tax area to which it applies; and
- (b) send to every wholesale distributor at his head office for New Zealand a notice to the same effect; and
- (c) send to the Secretary of Trade and Industry a notice to the same effect.
Compare: 1970 No 134 s 10
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

188 Functions of distribution authority

The functions of a distribution authority shall be—
- (a) of its own motion or at the request of 2 or more component authorities of the tax area, to convene such meetings as may be required for the purposes of section 186:
- (b) to collect and distribute the proceeds of the tax within the tax area in accordance with section 198:
- (c) to provide such administrative, secretarial, and accounting services as are necessary for the purpose of this section:
Compare: 1970 No 134 ss 17, 18
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
The proviso to section 188 was repealed, as from 1 July 1992, by section 21 Local Government Amendment Act 1992 (1992 No 42).

Collection of tax

189 Returns by wholesale distributors

(1) Within 28 days after the end of each accounting month within the meaning of the Motor Spirits Duty Act 1961, every wholesale distributor shall send to the principal administrative officer of the distribution authority of every tax area in which a local authorities fuel tax is for the time being in force a return (hereafter referred to as the monthly return) in the prescribed form setting forth—
- (a) the quantity of each class of specified engine fuel delivered within the tax area by him or on his behalf pursuant to any sale, agreement to sell, or disposition to which section 185 applies, or used by him within the tax area, during that accounting month; and
- (b) the amount of local authorities fuel tax payable on each such quantity; and
- (c) such other particulars (if any) as may be prescribed.
(2) Every wholesale distributor who fails to send to any such principal administrative officer as aforesaid any monthly return required by this section commits an offence against this Act.
Compare: 1970 No 134 s 20
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 189(1): amended, on 1 October 2008, by section 8(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 189(1)(a): amended, on 1 October 2008, by section 8(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 189(1)(b): amended, on 1 October 2008, by section 8(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

190 Assessment of tax

(1) The monthly return under section 189 may be accepted by the principal administrative officer as sufficient proof of the matters set forth in them, and the local authorities fuel tax may be assessed by the principal administrative officer accordingly.
(2) For the purposes of this Part, the Auditor-General has, in respect of the records of wholesale distributors relating to specified engine fuel sold, agreed to be sold, disposed of, delivered, or used by the local authority, the same powers as it has under the Public Audit Act 2001.
(3) After any such inspection or examination as aforesaid, the Audit Office may require the principal administrative officer of the distribution authority of any tax area in which a local authorities fuel tax is in force to make any assessment or amended assessment for the purpose of this Part, and it shall be the duty of the principal administrative officer to comply with that requirement.
Compare: 1970 No 134 s 21
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 190(1): amended, on 1 October 2008, by section 9(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Subsection (2) was substituted, as from 1 July 2001, by section 46 Public Audit Act 2001 (2001 No 10).
Section 190(2): amended, on 1 October 2008, by section 9(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 190(3): amended, on 1 October 2008, by section 9(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

191 Assessment presumed to be correct

Every assessment made by the principal administrative officer under this Part shall be taken to be correct, and the tax shall be payable accordingly, unless, on an appeal under section 192 or in proceedings taken under this Act in a Court of competent jurisdiction, a different amount is proved to be the tax payable on the specified engine fuel, or it is proved that no tax is payable, as the case may be.
Compare: 1970 No 134 s 22
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 191: amended, on 1 October 2008, by section 10 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

192 Appeal against assessment

(1) Within 14 days after a demand for the tax is made by the principal administrative officer in accordance with his assessment, the wholesale distributor may appeal to a District Court, by way of originating application, against the assessment.
(2) On the hearing of the appeal, the Court, whose decision shall be final, may confirm or amend the assessment made by the principal administrative officer.
Compare: 1970 No 134 s 23
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
In subsection (1) the words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate's Court” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

193 Tax recoverable as a debt

(1) Any local authorities fuel tax payable on any specified engine fuel shall, immediately on the delivery of the specified engine fuel within the tax area, or on its use in the tax area by the wholesale distributor, constitute a debt owing to the distribution authority of the tax area by the wholesale distributor, and be recoverable accordingly.
(2) Subject to this Part, any such debt in respect of any local authorities fuel tax for any accounting month shall become payable by the wholesale distributor on the 20th day of the calendar month following that in which the monthly return for the accounting month is required by section 189 to be sent to the principal administrative officer, whether or not the return is so sent.
(3) The right to recover any tax as a debt under this section shall not be affected by the fact that no proper assessment of the tax has been made in due course under this Part, or that a deficient assessment of the tax has been made.
Compare: 1970 No 134 s 24
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 193(1): amended, on 1 October 2008, by section 11(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 193(1): amended, on 1 October 2008, by section 11(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 193(2): amended, on 1 October 2008, by section 11(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

194 Penalty for late payment of tax

Notwithstanding the provisions of this Part, if any local authorities fuel tax that has become payable remains unpaid after the date on which it became payable under section 193, 10% of the amount of the tax unpaid shall be added to it by way of additional tax, and shall be payable accordingly:
Provided that a meeting of representatives of the component authorities, held in accordance with section 186, may in any particular case, for reasons which in its discretion it thinks sufficient, remit the whole or any part of the additional tax payable.
Compare: 1970 No 134 s 25
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 194: amended, on 1 October 2008, by section 12 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

Application of proceeds of tax

195 Separate bank account to be kept by distribution authority

(1) All money received by the distribution authority of any tax area pursuant to this Part shall be paid into the bank at which the distribution authority keeps its general funds, to the credit of a separate account to be called “The [Name of tax area] Local Authorities Fuel Tax Account”.
(2) The provisions of this Act as to the manner in which money may be paid from its bank accounts shall apply with respect to payments made from the said account.
Compare: 1970 No 134 s 26
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 195(1): amended, on 1 October 2008, by section 13 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

196 Accounts to be kept in accordance with requirements of Audit Office

(1) The distribution authority of every tax area shall keep such accounts, and keep them in such manner, as may be directed by the Audit Office in respect of the collection, application, or distribution of the proceeds of any local authorities fuel tax levied in the tax area.
(2) The decision of the Audit Office as to whether or not any expenditure is properly chargeable against any such account shall be final.
Compare: 1970 No 134 s 27
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 196(1): amended, on 1 October 2008, by section 14 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

197 Transfer by distribution authority of authorised cost of services

(1) The distribution authority of any tax area may from time to time transfer to its general revenues from the Local Authorities Fuel Tax Account all reasonable costs and expenses incurred by it in or about the levying, collection, recovery, application, and distribution of any local authorities fuel tax in the tax area, and a reasonable remuneration for clerical and other work done in the administration of this Part within the tax area.
(2) If any dispute arises as to any amount transferred under subsection (1), or to be transferred or otherwise in relation thereto, it shall be decided by the Audit Office, whose decision shall be final.
(3) Except as provided in this Part, it shall not be lawful for the distribution authority to transfer any money from the Local Authorities Fuel Tax Account to any other account.
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 197 was substituted, as from 1 July 1992, by section 22 Local Government Amendment Act 1992 (1992 No 42).
Section 197(1): amended, on 1 October 2008, by section 15(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 197(1): amended, on 1 October 2008, by section 15(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 197(3): amended, on 1 October 2008, by section 15(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

198 Distribution of proceeds

(1) Subject to this Part, the proceeds of the tax in a tax area in any year shall be distributed by the distribution authority among the component authorities of the tax area (including the distribution authority) according to the proportion which the total rate revenue of each such component authority for the immediately preceding financial year bears to the total rate revenue of all the component authorities for that preceding financial year.
(2) For the purposes of this section, the expression rate revenue, in relation to any component authority, means all rates, and all charges and fees deemed under any enactment to be rates set and assessed by that component authority on its own behalf.
(3) Nothing in this section shall be deemed to prevent a region or district forming part of 2 or more tax areas.
(4) Any money paid to any component authority under this section shall form part of the general revenues of that component authority.
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Subsection (2)(a)(i) was amended, as from 18 January 1981, by section 26(1) Local Government Amendment Act 1980 (1980 No 82), by inserting the words “or levied on its behalf under section 133 of this Act,”.
Subsection (2)(c) was inserted, as from 18 January 1980, by section 26(2) Local Government Amendment Act 1980 (1980 No 82).
Section 198 was substituted, as from 16 December 1989, by section 24(1) Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27).
Subsection (2) was substituted, as from 1 July 1992, by section 23 Local Government Amendment Act 1992 (1992 No 42).
Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words “set and assessed” for the words “made and levied”. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

199 Effect on agreements of imposition or alteration of tax

For the purposes of this Act, section 159 of the Customs Act 1966, so far as it is applicable and with all necessary modifications, shall apply to agreements for the sale of specified engine fuel as if the local authorities fuel tax were duty within the meaning of that Act, and as if the imposition or alteration of the tax were an alteration to which that section applies.
Compare: 1970 No 134 s 33
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 199: amended, on 1 October 2008, by section 16(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 199: amended, on 1 October 2008, by section 16(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

199A Order in Council prescribing local authorities fuel tax

(1) The Governor-General may, by Order in Council,—
- (a) specify the engine fuels set out in the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996) to be specified engine fuel for the purposes of this Act; and
- (b) prescribe the scale rates for specified engine fuel.
(2) The scale rates of the local authorities fuel tax prescribed by an Order in Council under subsection (1)(b) may not exceed the rate of the local authorities fuel tax scale rates set out in Schedule 6 for any class of engine fuel—
- (a) for which the specified engine fuel is a functional substitute; or
- (b) with which the specified engine fuel is commonly blended.
(3) Subsection (2) overrides subsection (1).
Section 199A: inserted, on 1 October 2008, by section 17 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 199A(1)(a): substituted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).

200 Regulations in respect of local authorities fuel tax

Without limiting the power to make regulations conferred by section 723, regulations may be made under that section for all or any of the following purposes:
- (a) prescribing such forms, returns, and notices as may be necessary for any purpose under this Part:
- (b) prescribing matters to be included in any returns to be made or accounts or records to be kept by wholesale distributors or other persons for any purpose under this Part:
- (c) providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
Compare: 1970 No 134 s 34
Part 11 (comprising sections 181 to 200) was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).
Section 200 heading: amended, on 1 October 2008, by section 18 of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
This section was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words “section 723 of this Act, regulations may be made under that section” for the words “section 639 of this Act or by section 410 of the Municipal Corporations Act 1954 or section 449 of the Countries Act 1956, regulations may be made under the said section 639”.

Part 11A
Regional petrol tax

[Repealed]

Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200A Interpretation

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200B Application of this Part

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200C Power of regional councils to levy regional petrol tax

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200D Regional petrol tax to be notified

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200E Restriction on collection of tax

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200F Application of proceeds of tax

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200G Returns by wholesale distributors

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200H Assessment of tax

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200I Assessment presumed to be correct

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200J Appeal against assessment

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200K Tax recoverable as a debt

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200L Penalty for late payment of tax

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200M Effect on agreements of imposition or alteration of tax

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

200N Accounting month

[Repealed]
Part 11A expired, as from the close of 31 January 1996, pursuant to section 4 of that Act and is deemed to have been repealed as from that date.

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

[Repealed]

Part 12, comprising sections 201 to 223, was inserted, as from 1 April 1978, by section 2 Local Government Amendment Act (No 3) 1977 (1977 No 122).

201 Application and interpretation of Part 12

[Repealed]
Section 201 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Financial records

[Repealed]

202 Financial records

[Repealed]
Repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

203 Allocation of administration costs

[Repealed]
Section 203 was repealed, as from 18 January 1981, by section 27(1) Local Government Amendment Act 1980 (1980 No 82).

204 Inspection of documents by electors and others

[Repealed]
Section 204 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Custody of and payment of money

[Repealed]

205 Payment to and withdrawal from bank accounts

[Repealed]
Section 205 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

206 Deposit at interest

[Repealed]
Section 206 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

207 Council may establish Imprest Accounts

[Repealed]
Section 207 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

208 Council may establish special funds

[Repealed]
Section 208 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

209 Certain funds deemed to be special funds under this Act

[Repealed]
Section 209 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Special provisions as to trading undertakings

[Repealed]

210 Asset renewal charge

[Repealed]
Section 210 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

211 Application of asset renewal charge

[Repealed]
Section 211 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

212 Investment of asset renewal charge

[Repealed]
Section 212 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

213 Power to revoke appointment of Commissioners

[Repealed]
Section 213 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]

214 Remuneration of mayor or chairman and other members

[Repealed]
Section 214 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214A Annual allowances to be determined by Higher Salaries Commission

[Repealed]
Section 214A was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214B Annual allowances and remuneration to be determined by Minister following determination by Higher Salaries Commission

[Repealed]
Section 214B was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214C Alteration to annual allowances or remuneration of chairmen, deputy chairmen, chairmen of standing or special committees, and other members of local authorities

[Repealed]
Section 214C was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214D Payment of annual allowances and remuneration

[Repealed]
Section 214D was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214E Attendance at certain conferences and meetings to be remunerated

[Repealed]
Section 214E was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Section 214F was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214G Annual allowances and remuneration not payable in certain circumstances

[Repealed]
Section 214G was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214H Annual allowance of Chairman of district community council

[Repealed]
Section 214H was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214I Remuneration of Chairman and other members of community council

[Repealed]
Section 214I was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Section 214J was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214K Reduction of annual allowance where full term not served

[Repealed]
Section 214K was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Section 214L was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

214M Fund from which allowances and remuneration to be paid

[Repealed]
Section 214M was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

215 Travelling expenses of members

[Repealed]
Section 215 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

216 Travelling expenses of members attending conferences

[Repealed]
Section 216 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

217 Expenses of members of district community councils and community councils

[Repealed]
Section 217 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

218 Use of transport facilities by members

[Repealed]
Section 218 was repealed, as from 1 July 1989, by section 23 Local Government Amendment Act (No 2) 1989 (1989 No 29).

219 Miscellaneous expenditure

[Repealed]
Section 219 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Miscellaneous provisions

[Repealed]

220 Government not liable for district debts

[Repealed]
Section 220 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

221 Rates of interest

[Repealed]
Section 221 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

222 Offences by employees with respect to money or accounts

[Repealed]
Repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

223 Regulations as to collection of and accounting for money

[Repealed]
Section 223 was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

223A Preparation of financial statements in certain circumstances

[Repealed]
Section 223A was repealed, as from 1 July 1990, by section 22 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 12A
Accountability and accounting

[Repealed]

Part 12A, comprising sections 223B to 223L, was inserted, as from 1 July 1990 (except for section 223C which was inserted as from 1 November 1989), by section 24 Local Government Amendment Act (No 2) 1989 (1989 No 29).

223B Commencement

[Repealed]
Section 223B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223C Conduct of affairs

[Repealed]
Section 223C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223CA Special provisions applying to Wellington Regional Council

[Repealed]
Section 223CA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223D Annual plan

[Repealed]
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223E Annual report

[Repealed]
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223F Financial systems

[Repealed]
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223G Failure to comply with financial reporting requirements

[Repealed]
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223H Inspection of financial records by members and specified officers of local authority

[Repealed]
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223I Banking and related matters

[Repealed]
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223J Miscellaneous expenditure

[Repealed]
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223K Unauthorised expenditure

[Repealed]
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

223L Government not liable for debts

[Repealed]
Sections 223D to 223L were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 13
Council property

[Repealed]

Part 13, comprising sections 224 to 228, was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

224 Interpretation

[Repealed]
Section 224 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225 Property for council purposes

[Repealed]
Section 225 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225A Interpretation

[Repealed]
Section 225A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 225B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225C Application of proceeds of sale

[Repealed]
Section 225C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225D Community trusts

[Repealed]
Section 225D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225E Purpose of Trust

[Repealed]
Section 225E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225F Trustees

[Repealed]
Section 225F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225G Term of office of trustees

[Repealed]
Section 225G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225H Persons not capable of holding office as trustee

[Repealed]
Section 225H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225I Financial statements

[Repealed]
Section 225I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225J Trustees to hold public meeting

[Repealed]
Section 225J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225K Matters to be included in trust deed

[Repealed]
Section 225K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 225L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

225M Application of Trustee Act 1956

[Repealed]
Section 225M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

226 Disposal of council property (other than land)

[Repealed]
Section 226 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

227 Shops and offices

[Repealed]
Section 227 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

228 Council may purchase land by instalments

[Repealed]
Section 228 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 14
Sale and leasing of land

[Repealed]

Part 14, comprising sections 229 to 236, was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

229 Interpretation

[Repealed]
Section 229 was repealed, as from 1 July 1992, by section 29 Local Government Amendment Act 1992 (1992 No 42).

230 Sale or exchange of council land

[Repealed]
Section 230 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

231 Leasing of land by council

[Repealed]
Section 231 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

232 Lease of council building as cinematograph theatre

[Repealed]
Section 232 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

233 Leases to other local authorities may be by private contract

[Repealed]
Section 233 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 234 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

235 Council may grant easements

[Repealed]
Section 230 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

236 Transfers and leases to Crown for reserves or public purposes

[Repealed]
Section 236 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 15
Works of councils

[Repealed]

Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

237 Interpretation

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

237A Power to acquire land

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

237B Land for regional planning

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

238 General powers of council in respect of works

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

238A Execution of works and services for united council

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

239 Council involvement in joint ventures with other persons

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

240 Compensation payable by council for land taken or injuriously affected

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

241 Government works not to be interfered with

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

242 Council not authorised to create nuisance

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

243 Protection of permanent reference marks

[Repealed]
Part 15 (comprising sections 237 to 243) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 16
Contracts

[Repealed]

Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

244 Interpretation

[Repealed]
Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

245 Contracts for works

[Repealed]
Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

246 Council may contract with Minister of Works and development and other local authorities and public bodies for execution of works

[Repealed]
Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

247 Co-operative contracts

[Repealed]
Part 16 (comprising sections 244 to 247) was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 16A
Works and contracts

[Repealed]

Part 16A, comprising sections 247A to 247H, was inserted, as from 1 November 1989, by section 26(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

247A Commencement

[Repealed]
Section 247A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247B General powers

[Repealed]
Section 247B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 247C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247D Method to be adopted

[Repealed]
Section 247D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247E Contracts and tenders

[Repealed]
Section 247E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247F Power to acquire land

[Repealed]
Section 247F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 247G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

247H Local authority not authorised to create nuisance

[Repealed]
Section 247H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 17
Documents and local archives

[Repealed]

Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

248 Interpretation

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

Documents

249 Council to make arrangements in connection with documents

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

250 Documents of district community councils and community councils

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

251 Documents of abolished local authorities

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

252 Authentication of documents by council

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

253 Service of documents, etc

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

254 Loss or destruction of documents, etc

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

255 Certified copies of documents

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

Local archives

256 Protection of local archives

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

257 Use of local archives

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

258 Acquisition of local archives and other documents

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

259 Destruction of certain local archives

[Repealed]
Part 17 (comprising sections 248 to 259) was repealed, as from 21 April 2005, by section 66(b) Public Records Act 2005 (2005 No 40).

Part 18
General provisions as to functions and powers

[Repealed]

Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

260 Functions of united councils

[Repealed]
Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

261 Regional or united council may undertake constituent authority functions

[Repealed]
Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

262 Functions conferred by Order in Council

[Repealed]
Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

263 Provisions on transfer of functions

[Repealed]
Part 18 (comprising sections 260 to 263) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 19
Functions of regional and united councils only

[Repealed]

Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

264 Interpretation

[Repealed]
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

265 New regional functions

[Repealed]
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

266 Councils to exercise civil defence functions

[Repealed]
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

266A Functions relating to developments of regional importance

[Repealed]
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

267 Delegation of functions from Crown

[Repealed]
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

268 Territorial authority may perform functions of regional council in certain circumstances

[Repealed]
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

269 Out-districts

[Repealed]
Part 19 (comprising sections 264 to 269) was repealed, as from 1 November 1989, by section 29(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]

Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269A Interpretation

[Repealed]
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269B Regions for the purposes of this Part

[Repealed]
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269C Councils to undertake petroleum products rationing

[Repealed]
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269D Petroleum products rationing organisation plans

[Repealed]
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269E Petroleum products rationing administrative plans

[Repealed]
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269F Amendment to approved plans

[Repealed]
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

269G Regional and united councils and territorial authorities to give effect to operative petroleum products rationing plans

[Repealed]
Part 19A (comprising sections 269A to 269G) was repealed, as from 1 July 1992, by section 33(1) Local Government Amendment Act 1992 (1992 No 42).

Part 20
Subdivision and development of land

[Repealed]

Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

270 Interpretation and application

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

270A Local Government Amendment Act 1981 not to apply to certain developments not completed at 1 January 1981

[Repealed]
This section was inserted, as from 1 January 1981, by s. 5 Local Government Amendment Act 1981 (1981 No 13), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

271 Subdivision defined

[Repealed]
Part 20, comprising sections 270 to 314, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

271A Subdivision defined

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

272 Subdivision defined

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

273 Application of this Part to subdivision or development by council

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

273A Application of this Part to developments by local authorities

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

273B Application of this Part to development by hospital boards

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

273C Application of this Part to relocatable home parks

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

Subdivision

[Repealed]

274 Subdivision not to be permitted in certain circumstances

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

275 Scheme plan to be submitted to council

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

276 Concept plan may be required in certain cases

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

277 Concept plan to be referred to certain authorities

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

278 Action to be taken in respect of concept plan

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

279 Powers of council where scheme plan submitted

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

280 Council and owner may agree for subdivision to proceed

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

281 Application of Part 21

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

282 Minimum frontage and area requirements

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

283 Public water supply, drainage, electricity reticulation, and gas supply

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

Reserves

[Repealed]

284 Reserves policy

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

285 Reserves contributions in case of residential sub-divisions

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

286 Reserves contributions in respect of subdivision for commercial or industrial purposes

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

287 Reserves contributions previously paid

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

288 Payment and use of reserves contributions

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

289 Reserves along areas of water

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

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

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

291 Preservation of trees and buildings of historic interest and wildlife habitat

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

292 Reserves for future service lanes

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

Development

[Repealed]

293 Development plans

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294 Reserves and public services contributions in respect of development

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294A Calculation of development levy

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294B Application of other sections to developments

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294C Variation of development plan or conditions imposed

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294D Reserves contributions or development levy where development varied

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294E Redetermination of assessed value

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294F Determination of actual capital value of development

[Repealed]
Part 20, was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294FA Amendment of development levy when development completed

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294G Calculation of reserves contributions and development levy when development completed

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294H Application of development levies fixed by united council or regional council

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

294I Owner to contribute to certain regional works

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

Provision for parking

[Repealed]

295 Provision for parking

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

General provisions

[Repealed]

296 Variation or revocation of scheme plan or conditions imposed

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

297 Refund of money if scheme plan revoked or lapses

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

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

[Repealed]
This section was inserted, as from 1 January 1981, by section 14 Local Government Amendment Act 1981 (1981 No 13), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

298 Valuation of land or of work done

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

299 Objections to council's decisions

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

300 Appeals to Planning Tribunal

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

301 Appeal against determination of valuer

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

302 Work may be begin pending decision on objection or appeal

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

303 Completion certificate

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

304 Bonds

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

305 Survey plan may be submitted to council for approval

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

306 Survey plan to be deposited

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

306A Vesting of land in council in respect of a development

[Repealed]
This section was inserted, as from 1 November 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

307 Agreement to sell land or building before deposit of plan

[Repealed]
Part 20, comprising sections 270 to 314, was inserted by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

308 Plan approved subject to amalgamation or transfer of allotments

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

309 Plan approved subject to grant or reservation of easements

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

310 Contravention not to affect title to land

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

311 Offences

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

312 Savings as to previous approvals

[Repealed]
Part 20 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

313 Code of urban subdivision

[Repealed]
Part 20, comprising sections 270 to 314, was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43), and repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

314 Registration of company leases and cross leases

[Repealed]
Section 314 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

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

Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

315 Interpretation

(1) In this Part, unless the context otherwise requires,—
access way means any passage way, laid out or constructed by the authority of the council or the Minister of Works and Development or, on or after 1 April 1988, the Minister of Lands for the purposes of providing the public with a convenient route for pedestrians from any road, service lane, or reserve to another, or to any public place or to any railway station, or from one public place to another public place, or from one part of any road, service lane, or reserve to another part of that same road, service lane, or reserve
Access way: this definition was amended, as from 1 April 1988, by section 15(a) Local Government Amendment Act 1988 (1988 No 71) by inserting the words “or, on or after the 1st day of April 1988, the Minister of Lands”.
council means a territorial authority; and, in relation to land that does not form part of any district means the Minister of Local Government
Council: this definition was amended, as from 1 April 1988, by section 15(b) Local Government Amendment Act 1988 (1988 No 71) by substituting the words “Minister of Local Government” for the words “Minister of Works and Development”.
district means the district of a territorial authority; and, in relation to land in respect of which the Minister of Local Government is the council, means that land
District: this definition was amended, as from 1 April 1988, by section 15(c) Local Government Amendment Act 1988 (1988 No 71) by substituting the words “Minister of Local Government” for the words “Minister of Works and Development”.
footpath means so much of any road as is laid out or constructed by authority of the council primarily for pedestrians; and includes the edging, kerbing, and channelling thereof
private road means any roadway, place, or arcade laid out or formed within a district on private land, whether before or after the commencement of this Part, by the owner thereof, but intended for the use of the public generally
Private road: this definition was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the words “or formed”.
private way means any way or passage whatsoever over private land within a district, the right to use which is confined or intended to be confined to certain persons or classes of persons, and which is not thrown open or intended to be open to the use of the public generally; and includes any such way or passage as aforesaid which at the commencement of this Part exists within any district
regional council
[Repealed]
Regional council: this definition was repealed, as from 1 July 1992, by section 34 Local Government Amendment Act 1992 (1992 No 42).
road means the whole of any land which is within a district, and which—
- (a) immediately before the commencement of this Part was a road or street or public highway; or
- (b) immediately before the inclusion of any area in the district was a public highway within that area; or
- (c) is laid out by the council as a road or street after the commencement of this Part; or
- (d) is vested in the council for the purpose of a road as shown on a deposited survey plan; or
- (e) is vested in the council as a road or street pursuant to any other enactment;—
and includes—
- (f) except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988:
- (g) every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—
but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989
scheme plan
[Repealed]
Scheme plan: this definition was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
service lane means any lane laid out or constructed either by the authority of the council or the Minister of Works and Development or, on or after 1 April 1988, the Minister of Lands for the purpose of providing the public with a side or rear access for vehicular traffic to any land
Service lane: this definition was amended, as from 1 April 1988, by section 15(e) Local Government Amendment Act 1988 (1988 No 71) by inserting the words “or, on or after the 1st day of April 1988, the Minister of Lands”.
survey plan has the same meaning as in the Resource Management Act 1991.
Survey plan: this definition was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
(2) [Repealed]
(3) Nothing in this Part shall be construed as imposing any obligation on the council in relation to any private road or private way.
(4) Every accretion to any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake caused by the action of the river or stream or of the sea or lake shall form part of the road.
(5) Where any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake is eroded by the action of the river or stream or of the sea or lake, the portion of road so eroded shall continue to be a road.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 315(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Road: paragraph (f) of this definition was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words “or is laid out or constructed by or vested in any council as an access way or service lane”. It was further amended, as from 1 April 1988, by section 15(d) Local Government Amendment Act 1988 (1988 No 71) by inserting the words “or is declared by the Minister of Lands as an access way or service lane on or after the 1st day of April 1988”.
Road: paragraph (g) of this definition was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression “Public Works Act 1981” for the expression “Public Works Amendment Act 1947”.
Subsection (2) was repealed, as from 1 April 1980 by section 9(1) Local Government Amendment Act 1979 (1979 No 59).

316 Property in roads

(1) Subject to section 318, all roads and the soil thereof, and all materials of which they are composed, shall by force of this section vest in fee simple in the council of the district in which they are situated. There shall also vest in the council all materials placed or laid on any road in order to be used for the purposes thereof.
(2) At the request of the New Zealand Transport Agency, a council may accept or relinquish its property, or any part of its property, in a State highway.
(3) If a council acts under subsection (2),—
- (a) the property in the State highway vests in the council or in the Crown (as the case may be) without any instrument of transfer; and
- (b) on presentation of an authenticated copy of the relevant resolution, the Registrar-General of Land must alter the register accordingly.
(4) In this section the term road does not include—
- (a) any Government road:
- (b) any State highway or part of a State highway situated in a county or in that part of the district of a district council which before the constitution of the district was or formed part of a county:
- (c) any road in respect of which the Minister of Local Government is the council:
- (d) any regional road or part thereof (as defined in Part 22) which is vested in the regional or united council.
Compare: 1954 No 76 s 170(1); 1956 No 64 s 191A(1); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (2) and (3) were substituted, as from 7 July 2004, by section 4 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 316(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (2) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words “Transit New Zealand” for the words “the National Roads Board”.
Subsection (4)(c) was amended, as from 23 July 1988, by section 11 Local Government Amendment Act (No 3) 1988 (1988 No 109) by substituting the words “Minister of Local Government” for the words “Minister of Works and Development”.

317 Control of roads

(1) Subject to section 318, all roads in the district shall be under the control of the council:
provided that—
- (a) a State highway or part thereof shall be under the control of the council only where the New Zealand Transport Agency has, under section 62 of the Government Roading Powers Act 1989, delegated that control to the council:
- (b) a government road shall be under the control of the Minister of Transport:
- (c) [Repealed]
(2) Any powers conferred on the council by this Part may be exercised—
- (a) in relation to any State highway or part thereof, only if that State highway or part is under the control of the council or the exercise of that power by the council has been consented to by the New Zealand Transport Agency:
- (b) [Repealed]
Compare: 1954 No 76 s 170(2); 1956 No 64 s 191A(2); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 317(1) proviso paragraph (a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (1)(a) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words “Transit New Zealand” for the words “the National Roads Board”, and by substituting the words “section 62 of the Transit New Zealand Act 1989” for the words “section 13 of the National Roads Act 1953”.
Subsection (1) proviso (b) was amended, as from 1 April 1988, by section 16 Local Government Amendment Act 1988 (1988 No 71) by substituting the words “Minister of Transport” for the words “Minister of Works and Development”.
Subsection (1) proviso, paragraph (c), was repealed, as from 1 July 1992, by section 35 Local Government Amendment Act 1992 (1992 No 42).
Section 317(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (2)(a) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words “Transit New Zealand” for the words “the National Roads Board”.
Subsection (2)(b) was repealed, as from 1 July 1992, by section 35 Local Government Amendment Act 1992 (1992 No 42).

318 Control and maintenance of boundary roads

(1) Where a final reorganisation scheme under Part 1 contains provision whereby any road forms the boundary of 2 or more districts, whether that road is wholly within one or is partly within one and is partly within another of those districts, the Commission, if so requested by any territorial authority affected by the scheme, may determine—
- (a) in which council or councils the road shall vest; and
- (b) which council or councils shall control the road; and
- (c) whether any other council shall contribute to the cost of the construction, maintenance, lighting, widening, reconstruction, or upgrading of that road, and if so, in what proportions.
(2) Where the Commission determines, pursuant to subsection (1)(c) that any council is liable to pay any proportion of the cost of construction, maintenance, lighting, widening, or reconstruction, or upgrading of a road, the amount of that proportion shall be recoverable from that council in any Court of competent jurisdiction as a debt due to the council having control of the road.
(3) On the commencement of this Part, all warrants made under section 120 of the Public Works Act 1928 before the commencement of this Part shall remain in force until such time as they are either revoked by the Minister, by notice in the Gazette, or amended by an Order in Council made under section 36 giving effect to a final reorganisation scheme.
Compare: 1928 No 21 s 120
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Formation, alteration, stopping, and closing of roads

319 General powers of councils in respect of roads

(1) The council shall have power in respect of roads to do the following things:
- (a) to construct, upgrade, and repair all roads with such materials and in such manner as the council thinks fit:
- (b) [Repealed]
- (c) to lay out new roads:
- (d) to divert or alter the course of any road:
- (e) to increase or diminish the width of any road subject to and in accordance with the provisions of the district plan, if any, and to this Act and any other Act:
- (f) to determine what part of a road shall be a carriageway, and what part a footpath or cycle track only:
- (g) to alter the level of any road or any part of any road:
- (h) to stop or close any road or part thereof in the manner and upon the conditions set out in section 342 and Schedule 10:
- (i) to make and use a temporary road upon any unoccupied land while any road adjacent thereto is being constructed or repaired:
- (j) to name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road:
- (k) to sell the surplus spoil of roads:
- (l) for the purpose of providing access from one road to another, or from one part of a road to another part of the same road, to construct on any road, or on land adjacent to any road, elevators, moving platforms, machinery, and overhead bridges for passengers or other traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith.
(2) Before exercising a power under this section to do anything that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the council must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.
Compare: 1954 No 76 s 170(4)(a)–(h), (j), (l)–(o); 1956 No 64 s 191A(5)(a)–(h), (j), (l)–(o); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Paragraph (a) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the word “upgrade”.
Paragraph (b) was repealed, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).
Paragraph (e) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “district plan” for the words “district scheme”.
Section 319(2): added, on 6 August 2010, by section 27(2) of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).

319A Naming of roads

If the council names any road for the first time, or alters the name of a road, the council must as soon as practicable send a copy of the relevant resolution to the Registrar-General of Land and the Surveyor-General.
Section 319A was inserted, as from 19 January 1981, by section 37 Local Government Amendment Act 1980 (1980 No 82).
Section 319A was substituted, as from 7 July 2004, by section 5 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

319B Allocation of property numbers

(1) For electoral, postal, and other purposes the council may allocate a number to any area of land or building or part of a building within its district and may change the number allocated to any such area of land or building.
(2) The council shall comply with any request from a Chief Surveyor to allocate a number to or change the number of any area of land or building or part of a building in its district.
(3) The principal administrative officer shall advise the Chief Surveyor of the land district in which the land or building is situated of the numbers allocated under subsection (1) or subsection (2).
Section 319B was inserted, as from 30 March 1985, by section 29 Local Government Amendment Act 1985 (1985 No 60).

320 Certain powers as to roads to be exercised by special order

[Repealed]
Section 320 was repealed, as from 7 July 2004, by section 6 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

321 Road access

[Repealed]
Section 321 was repealed, as from 1 August 2003, by section 98(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

321A Roading contributions as condition of approval of scheme plan

[Repealed]
Section 321A was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

322 Land for road formation or widening

[Repealed]
Section 322 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

323 Unformed roads in the district

(1) Where the land comprising any unformed road existing at the commencement of this Part was immediately before the commencement of this Part vested in the Corporation of the district by section 191A(1) of the Counties Act 1956, the Minister of Lands may, by notice in writing to the council given at any time while the land, or, as the case may be, the part thereof specified in the notice, continues to be an unformed road, require the council to transfer that land or that specified part thereof to the Crown without consideration, and the council shall transfer it to the Crown accordingly.
(2) On the publication in the Gazette of a notice by the Minister of Lands declaring that any land or part thereof referred to in subsection (1) has been transferred to the Crown pursuant to this section, the land transferred shall cease to be a road and shall be deemed to be Crown land subject to the Land Act 1948.
Compare: 1956 No 64 s 191B: 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

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

(1) The council may from time to time contribute from the general revenues of the district towards the funds of the council of any adjoining district for the purpose of the formation, maintenance, repair, widening, or upgrading of any road which is outside the limits of the district but in the opinion of the council is in great measure used by the residents thereof.
(2) Any regional or united council may from time to time contribute towards the funds of any constituent authority for the purpose of the formation, maintenance, repair, widening, or upgrading of any road (whether a regional road or not) within the district of that constituent authority.
Compare: 1954 No 76 s 171; 1956 No 64 s 193
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1) and (2) were amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word “upgrading” for the words “otherwise improving”.

324A Power to carry out works on Maori roadway

(1) The council may from time to time—
- (a) maintain, repair, or improve any roadway laid out in the district in accordance with Part 14 of Te Ture Whenua Maori Act 1993; or
- (b) contribute towards the cost of maintaining, repairing, widening, or improving any roadway of the kind described in paragraph (a).
(2) The council shall, before exercising in respect of any roadway, any of the powers conferred on it by subsection (1), obtain the written consent of—
- (a) the owners of the land comprising that roadway; and
- (b) the owners of the land adjoining that roadway if those owners are not the owners of the land comprising the roadway.
(3) In any case where the owners of land comprising or adjoining a roadway laid out pursuant to Part 14 of Te Ture Whenua Maori Act 1993 are or are believed to be Maori and their whereabouts are unknown, consent under subsection (2) may be obtained by applying to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 10 of Te Ture Whenua Maori Act 1993.
(4) The Maori Land Court shall deal with any application made pursuant to subsection (3) as if a notice under an enactment had been issued to the owners.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was inserted, as from 6 June 1989, by section 31 Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 324A(1)(a): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
Section 324A(3): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

325 Road widths

[Expired]
Subsection (3) was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69). That subsection provided that this section should expire as from 1 January 1993.

326 Betterment arising from creation or widening of a road

(1) Notwithstanding anything in section 62(1)(f) of the Public Works Act 1981 or in any other Act, where—
- (a) the council—
  - (i) forms a new road in the district; or
  - (ii) widens any existing road or part thereof in the district; and
- (b) for that purpose the council takes or purchases or otherwise acquires any part of any land and the other part of that land will have access or frontage to that road; and
- (c) by reason of the formation or widening of the road the value of the remaining part of the land of the owner whose land was taken or purchased or acquired is increased by an amount that exceeds the amount of compensation payable to him, in accordance with the Public Works Act 1981, in respect of his land so taken or purchased or acquired,—
the owner shall pay the amount of that excess to the council by way of betterment to the remaining part of his land.
(2) Where an existing road is widened and land from only one side of the road is taken or purchased or otherwise acquired for that purpose, every owner of land with a frontage to the other side of the road shall, if so required by the council, pay to the council on account of betterment such sum of money as represents the increased value thereby given, or likely to be given, to his land. Where only part or parts of a road are widened, only those owners of land with frontages directly opposite the part or parts being widened may be required to pay betterment pursuant to this subsection.
(3) Any claim for payment of betterment under subsection (1) or subsection (2) shall be made within 1 year from the execution of the work out of which it arose, and shall be made in form 1 in Schedule 12. The amount to be paid to the council shall be ascertained in the manner provided by the Public Works Act 1981, or in a manner as near thereto as in the opinion of the Land Valuation Tribunal the circumstances of each claim will admit.
(4) Any or all claims arising out of the widening of any road or part thereof may, with the consent in writing of all parties, be heard and determined together, and the Land Valuation Tribunal shall have power, on the application of any party, to order that all or any claims under this section in respect of land in which several persons have interest shall be heard and determined together and to apportion the amount awarded on account of betterment and the costs of proceedings against the several persons, in such proportions and in such manner as it thinks fit.
(5) Any person liable may, if he so desires, pay the amount awarded to be payable by him, with interest at a rate per annum as fixed by the council, by equal half-yearly instalments extending over a period of 20 years or less, in which case he shall—
- (a) within 14 days after the date of the award, give notice in writing to the principal administrative officer of the council of the period over which he intends to extend payment; and
- (b) within 1 month after the date of the award, execute and deliver to the principal administrative officer a memorandum of charge, in form 2 in Schedule 12, upon the estate or interest forming the subject of the charge against him, and pay the costs of the preparation and completion of that memorandum;—
and thereupon the respondent shall have the right to pay that amount by instalments as set forth in the notice and memorandum of charge as aforesaid.
(6) [Repealed]
(7) The memorandum of charge shall, when registered, bind the property therein described, and operate as a first charge upon the estate or interest therein of the respondent, and rank in priority to all estates, encumbrances, and interests created by him or any of his predecessors in title.
(8) Any such charge may be registered without fee in the Land Registry Office or in the Deeds Register Office of the land registration district wherein the land affected thereby is situate.
(9) Notwithstanding anything to the contrary in any such charge, the council shall accept payment of the whole of the unpaid instalments secured by any such memorandum of charge at any time when the same is tendered, and for the purpose of any such tender interest shall be calculated and paid up to and including the day of tender.
(10) A receipt expressed to be in full for all money secured by any such memorandum, signed by the principal administrative officer and endorsed on the memorandum, shall vacate the charge.
(11) Money received by the council under this section as betterment shall be credited against the cost of the formation or widening of the road or part thereof which includes the acquisition of the land required for the work and the formation, sealing, kerbing, and channelling. Where the money received is more than sufficient to meet the cost of the work, the amount of the excess shall be applied in respect of the widening or formation of any other road within the district.
(12) In this section the term road does not include an access way.
Compare: 1954 No 76 s 192; 1956 No 64 s 191H; 1968 No 123 s 17(1), (2)(a); 1971 No 62 s 21; 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1) and (1)(c) and (3) were amended, as from 1 February 1982, by substituting “the Public Works Act 1981” for “the Public Works Amendment Act 1947”.
Subsection (1)(b) was amended, as from 19 January 1981, by section 38 Local Government Amendment Act 1980 (1980 No 82) by inserting the words “part of any land and the other part of that land” for the words “land that”.
Subsection (1)(c) was amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word “formation” for the word “creation”.
Subsection (6) was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Subsection (11) was amended, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word “formation” for the word “creation”.

327 Building-line restrictions

[Repealed]
Section 327 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

327A Building-line restrictions

Where a building-line restriction has been imposed under this Act or any former enactment, and the council subsequently determines that the building-line restriction be cancelled, the council shall send notice of cancellation to the District Land Registrar or Registrar of Deeds, as the case may require, who shall amend his or her records accordingly.
Section 327A was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

328 Building-line restrictions provided in district scheme

[Repealed]
Section 328 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69)

329 Road gradients

(1) No road shall be laid out or constructed by the council, and no road or proposed road on any scheme plan shall be approved by the council, with a grade in any part of its length steeper than—
- (a) that fixed by any operative district plan for the district; or
- (b) where there is no such district scheme or no such grade is specified in any such district scheme, that fixed by any bylaw or resolution of the council; or
- (c) 1 metre in 8 metres, in any case where that grade is not fixed by any such district plan or by any bylaw or resolution of the council.
(2) In this section the term road does not include an access way.
Compare: 1954 No 76 s 170(3); 1956 No 64 s 191A(4); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The words “district plan”, in paragraph (a), were substituted for the words “district scheme”, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69), which substituted a definition of the first term for a definition of the latter.
Subsection (1)(b) was amended, as from 7 July 2004, by section 7(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words “resolution of” for the words “special order made by”.
The words “district plan”, in paragraph (c), were substituted for the words “district scheme”, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69), which substituted a definition of the first term for a definition of the latter.
Subsection (1)(c) was amended, as from 7 July 2004, by section 7(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words “resolution of the council” for the words “special order”.

330 Road levels

(1) The council may, if it thinks fit, make a map of the district or any specified portion thereof showing all roads therein with the levels thereof. Any map so made may be amended from time to time, and shall be open for public inspection at all reasonable hours at the office of the council.
(2) All buildings erected in any part of the district for which a map has been made as aforesaid, shall be constructed with proper regard to the levels shown on the map.
(3) Any person who erects any building abutting on a road without regard to the level of the road shall be liable to pay to the council any expenses incurred by the council in altering the level of the road adjacent to the building.
(4) The council may at any time, either before or after the making of any such map, fix the level of any road, subject to the conditions set out in Schedule 13:
Provided that where no building or land appurtenant thereto fronts upon any road the conditions numbered (1) to (5) in that Schedule need not apply.
(5) Where a road crosses the boundary of a district or meets another road on such a boundary, the level of the road at the point of crossing or meeting shall not be altered without the agreement of both councils controlling the respective roads.
(6) It shall be lawful for the council to throw the batter or make the slope of any road (not being a private road) upon any land, subject to the payment of compensation, to be claimed and ascertained under the Public Works Act 1981.
(7) No compensation shall be payable by the council in respect of an alteration in the level of any road, unless the alteration has been made after that level has been fixed under this Act or the corresponding provisions of any former Act, or after the road has been constructed in some permanent manner by any local authority having the power to do so.
(8) In this section, unless the context otherwise requires, the term road includes a private road, but does not include an access way.
Compare: 1954 No 76 s 170(3); 1956 No 64 s 191A(4); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

331 Footpaths and channels

(1) the council may, in such manner as it thinks fit, form or upgrade footpaths on one side or both sides of any road, and may construct those footpaths of such dimensions and of such materials and in such manner as it thinks fit, and may impose a charge not exceeding half the cost of those works upon the owners of lands and buildings fronting the road. The amount so imposed shall be payable to the council and until paid shall be in every case a charge on the land.
(2) In forming or reforming any road or part thereof (not being a road in a rural area), the council shall ensure that reasonable and adequate provision is made for the kerb and channel of any footpath or part thereof to be formed or reformed so as to permit safe and easy passage from kerb to kerb of any mechanical conveyance normally and lawfully used by a disabled person:
Provided that the New Zealand Transport Agency may at any time exempt in whole or in part the forming or reforming of any road or part thereof from any requirements of this subsection, if, having regard to all the circumstances, the New Zealand Transport Agency considers that it is reasonable to grant the exemption.
Compare: 1954 No 76 s 178; 1956 No 64 s 198(1), (3); 1972 No 132 s 3; 1975 No 122 s 24
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the words “or upgrade” for the words “and construct or make permanent improvements of”.
Subsection (1) was further amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by omitting the words “Without limiting the generality of its powers in relation to any scheme plan,”.
Subsection (2) was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word “Safety”. See sections 20 to 22 of that Act as to the savings and transitional provisions.
Section 331(2) proviso: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
The proviso to subsection (2) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “Director of Land Transport Safety” for the words “Director-General of Social Welfare”.

332 Cycle tracks

(1) The council may on any road, or on any land vested in or under the control of the council, form a public cycle track, and may make bylaws under section 684 regulating and controlling the use of that cycle track.
(2) For the purpose of constructing any cycle track, the council may take, purchase, or otherwise acquire land in accordance with the provisions of this Act.
(3) In this section the term road does not include an access way.
Compare: 1948 No 39 s 23; 1954 No 76 s 176(1); 1956 No 64 s 197
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words “section 684 of this Act” for the words “section 386 of the Municipal Corporations Act 1954 or, as the case may be section 401 of the Counties Act 1956”.

333 Dividing strips, etc

(1) The council may on any road construct, erect, or grow thereon or remove therefrom such barriers, dividing strips, guiding or sign posts, pillars or other markers, trees, hedges, lawns, gardens, and other devices as are, in the opinion of the council, necessary for separating, guiding, or warning traffic, intercepting glare, or for any other purpose.
(2) The council may on any road construct for road safety purposes, and alter or remove therefrom, any segregation strip for the purpose of segregating from the roadway any land having a frontage to the road:
Provided that no such segregation strip shall be constructed or altered so as to unreasonably prevent access to any land having a frontage to the road:
Provided also that for the purposes of this Act and of any other Act, any land having a frontage to the road before the construction of a segregation strip shall be deemed to continue to have that frontage, notwithstanding the existence of the segregation strip.
Compare: 1948 No 39 s 22
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

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

(1) The council may—
- (a) construct and enclose any part of a road as a pedestrian safety area:
- (b) lay out or plant grass plots or flower beds or trees on any road, and prohibit traffic, in whole or in part, on any such plots and flower beds laid out in roads (whether laid out before or after the commencement of this Part) by or under the authority of the council:
- (c) erect on any road a monument, statue, or other such erection:
- (d) construct or provide on, over, or under any road facilities for the safety, health, or convenience of the public, or for the control of traffic or the enforcement of traffic laws:
Provided that no such construction, erection, laying out, or planting shall be carried out, unless in the opinion of the council the construction, erection, laying out, or planting will not unduly impede vehicular traffic entering or using the road (not being a road or part of a road that has been declared a pedestrian mall under section 336).
(2) For the purposes of any resolution or bylaw of the council, anything constructed or provided under the authority of the council shall be deemed to be sufficiently described if the road in which it is constructed or provided and its approximate locality in that road are specified in the bylaw or resolution.
Compare: 1954 No 76 s 170(4)(k), (6); 1956 No 64 s 191A(5)(k), (7); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 7 July 2004, by section 8 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words “that has been declared a pedestrian mall under section 336” for the words “to which a special order under section 336 of this Act for the time being applies”.

334A Council may light roads, etc

(1) A council may do all things necessary to light with any form of energy roads, private roads, public places, and (with the consent of the owner) private ways in the district.
(2) In the exercise of the powers conferred by subsection (1), the council may—
- (a) acquire or construct or reconstruct, purchase, extend, enlarge, and maintain all buildings, machinery, works, and plant necessary to light roads, private roads, public places, and (with the consent of the owner) private ways in the district:
- (b) contract for a supply of energy on such terms and conditions as it thinks fit:
- (c) erect poles with all requisite fittings thereto in the roads, private roads, public places, and (with the consent of the owner) private ways in the district, subject, in the case of roads, private roads, and public places not under the control of the council, to Schedule 14:
- (d) lay cables and pipes under or over the roads, private roads, public places, and private ways in the district, subject in the case of roads, private roads, and public places not under the control of the council, and in the case of private ways, to Schedule 14:
- (e) alter any drains or water pipes thereunder in such manner as may be necessary, but not so as to injuriously affect the same:
- (f) do all things necessary to keep works and everything appertaining to the lighting of roads, private roads, public places, and (with the consent of the owner) private ways in the district in good repair.
(3) A council may—
- (a) contract with any other body or person to light the roads, private roads, public places, and (with the consent of the owner) private ways within the district with any form of energy; and
- (b) in that contract, authorise the body or person acting under the contract to exercise all or any of the powers conferred upon the council by this section, so far as this section is applicable to the construction and maintenance of the works necessary for effecting that lighting.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was inserted, as from 7 October 1994, by section 89(1) Energy Companies Act 1992 (1992 No 56).

335 Vehicle crossings

(1) Where vehicles are being taken or, in the opinion of the council, are likely to be taken, on to or from any land across any footpath on any road or any water channel on or adjoining any road otherwise than by means of a crossing properly constructed under the provisions of any bylaw made by the council, the principal administrative officer or other officer authorised by the council may, by notice in writing, require the occupier or, in any case where there is no occupier, the owner of the land to pay to the council such sum of money as the council from time to time fixes as payment for the cost of the construction of a crossing by the council.
(2) Within 28 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the requirements of the notice, and the notice shall thereupon be deemed to be suspended pending the determination of the objection or, where application is made to the Court to confirm the notice, pending the decision of the Court.
(3) Where any such objection is received by the council, the council shall forthwith inquire into and dispose of the objection.
(4) Where on inquiry into the objection the council reaffirms its requirements, the council shall apply to a District Court for an order confirming the notice.
(5) On the hearing of the application, the Court, whose decision shall be final, may—
- (a) confirm the notice; or
- (b) confirm the notice subject to a reduction in the sum payable to the council by the occupier or owner, as the case may be; or
- (c) set aside the notice.
(6) Where—
- (a) in any case in which no such objection is made, the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice within 42 days after the service of the notice; or
- (b) in any case in which objection is made, the notice is confirmed by the Court (whether with or without any reduction in the sum payable to the council), and the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice, or, as the case may be, the sum specified in the order of the Court, within 14 days after the giving of the decision of the Court,—
the council may construct the crossing and recover the cost from him.
(7) The said cost shall be recoverable by the council as a debt from the occupier or owner, as the case may be, and, where it is recoverable from the owner, shall be a charge on the land.
(8) Where any sum of money is paid to the council by any occupier or owner pursuant to this section, the council shall refund that sum to the occupier or owner if the crossing is not completed by the council within 6 months after the date of the payment.
(9) Where the council is satisfied that any crossing on to any land is redundant or is in excess of the reasonable requirements of the occupier, or, where there is no occupier, the owner, the principal administrative officer or other officer authorised by the council may serve notice upon the occupier or owner, as the case may be, of its intention to remove the crossing at the expense of the council.
(10) In this section the term road does not include an access way.
Compare: 1954 No 76 s 178A; 1956 No 64 s 199C; 1964 No 119 s 12; 1971 No 62 s 18; 1972 No 132 s 5
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The words “District Court” referred to in subsection (4) were substituted for the words “Magistrate's Court”, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

336 Pedestrian malls

(1) A council may, by using the special consultative procedure,—
- (a) declare a specified road or part of a specified road to be a pedestrian mall; and
- (b) prohibit or restrict the driving, riding, or parking of any vehicle, or the riding of any animal, on all or any portion of the pedestrian mall either—
  - (i) generally; or
  - (ii) during particular hours.
(2) A declaration—
- (a) may include exemptions and conditions; and
- (b) does not take effect until—
  - (i) the time for appealing under subsection (3) has expired; and
  - (ii) any appeals have been determined under subsection (4).
(3) Any person may, within 1 month after the making of a declaration, or within such further time as the Environment Court may allow, appeal to the Environment Court against the declaration.
(4) The appeal must be made and determined by the Environment Court in accordance with the Resource Management Act 1991 and any regulations made under that Act and the Court may quash or affirm the declaration, or affirm the declaration with modification.
(5) The decision of the Environment Court under subsection (4) is final.
(6) Subsections (2)(b) and (3) to (5) do not apply to a declaration that gives effect to the provisions of an operative district plan under the Resource Management Act 1991.
(7) Every person commits an offence who drives, rides, or parks any vehicle or rides any animal, or causes or permits any vehicle to be driven, ridden, or parked or any animal to be ridden, in contravention of a declaration (including a declaration modified by the Environment Court).
(8) A declaration (including a modified declaration) may be revoked or varied by a subsequent declaration using the procedure in subsection (1), and that subsection applies with all necessary modifications.
(9) For the purposes of subsection (1), the public notice required by section 83(1)(e) of the Local Government Act 2002 must explain the right of appeal under subsection (3).
(10) In this section,—
parking means the stopping or standing of a vehicle for any period
road does not include an access way
vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The proviso to subsection (1) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words “Transit New Zealand” for the words “the National Roads Board”.
Subsection (8) was substituted, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59).
Subsection (8) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “and the appeal shall be made and determined by that Tribunal in the manner prescribed by the Resource Management Act 1991 and any regulations made under that Act” for the words “and the appeal shall be made and determined by that Tribunal in the manner prescribed by the Town and Country Planning Act 1977 and the regulations under that Act”.
The words “Environment Court” in subsection (8) were substituted, as from 2 September 1996, for the words “Planning Tribunal” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
The words “Environment Court” in subsections (8), (9) and (11) were substituted, as from 2 September 1996, for the word “Tribunal” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
The words “Environment Court” in subsections (9) and (11) were substituted, as from 2 September 1996, for the words “Planning Tribunal” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
The words “district plan” in subsection (10) were substituted for the words “district scheme”, as from 1 October 1991, pursuant to section 362 Resource Management Act 1991 (1991 No 69), which substituted a definition of the first term for a definition of the latter.
Subsection (14) Parking: amended, as from 13 January 1984, by section 17 Local Government Amendment Act 1983 (1983 No 132) by omitting the words “exceeding 5 minutes”.
Subsection (14) Vehicle: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 110) by substituting the words “the Land Transport Act 1998” for the words “the Transport Act 1962”.
Section 336 was substituted, as from 7 July 2004, by section 9 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

337 Alteration of pipes and drains

The council may, by notice in writing, require the owner of any pipe, drain, or other apparatus of any kind on or under a road to raise, lower, or otherwise alter the same as the council directs, and if that alteration is not made within a reasonable time the council may make the same as it thinks fit; but, subject to the provisions of any other Act or to any agreement between the council and the person affected, the cost of any such alteration and any damage occasioned thereby shall be paid by and may be recovered from the council by any person affected.
Compare: 1954 No 76 s 174; 1956 No 64 s 195
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

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

(1) Subject to section 357, the council may grant to any person an easement or other right for such period not exceeding 50 years and on such terms and conditions as the council thinks fit, authorising that person to lay conduit pipes for petroleum or biofuel or for any other purpose in the district under or along any road or (with the consent of the owners) under or along any private road or private way; but no such grant shall be to the exclusion of like grants to any other person.
(2) The grant of any such right or easement shall be subject to the payment of such rent, and to the observance of such conditions as to size, construction, repair, and maintenance of the conduit pipes, and as to repair of any road or private road or private way under or along which they are laid, as the council thinks fit.
Compare: 1954 No 76 s 200; 1956 No 64 s 207
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 338 heading: amended, on 1 October 2008, by section 19(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 338(1): amended, on 1 October 2008, by section 19(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Subsection (1) was amended, as from 7 July 2004, by section 10 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words “, pursuant to a special order,”.

339 Transport shelters

(1) The council may erect on the footpath of any road a shelter for use by intending public-transport passengers or taxi passengers:
Provided that no such shelter may be erected so as to unreasonably prevent access to any land having a frontage to the road.
(2) The council shall give notice in writing of its proposal to erect any shelter under this section to the occupier and, if he is not also the owner, to the owner of any land the frontage of which is likely to be injuriously affected by the erection of the shelter, and shall not proceed with the erection of the shelter until after the expiration of the time for objecting against the proposal or, in the event of an objection, until after the objection has been determined.
(3) Within 14 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the proposal.
(4) Where any person objects to the proposal in accordance with subsection (3), the council shall appoint a day for considering the objection and shall give notice to the objector of the time when and place where the objection is to be heard. Any such time shall be not earlier than 7 days after the date on which the notice of objection was received at the office of the council.
(5) The council shall, at the time and place stated in the notice referred to in subsection (4), consider the objection, and after hearing any submissions made by or on behalf of the objector, may either dismiss the objection or decide not to proceed with the proposal or make such modifications to the proposal to which the objection relates as it thinks fit. The hearing of any such objection may be adjourned from time to time and from place to place.
(6) Where there are more objectors than one, the council shall, as far as practicable, hear all objections together and give each objector an opportunity of considering and being heard in respect of all other objections.
(7) No resolution under this section shall be passed until the council has considered all the objections of which notice has been given in accordance with this section.
(8) In this section the term road does not include an access way.
Compare: 1954 No 76 s 177A; 1956 No 64 s 199A; 1959 No 91 s 16; 1971 No 63 s 20
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

340 Motor garages

(1) Subject to the Resource Management Act 1991, the council may grant permits for the erection of private motor garages adjacent to the line of the road or to a line intermediate between the line of the road and the building line.
(2) Every such permit may be at any time cancelled by the council. Within 1 month after the date of the cancellation, or within such extended time as the council may in any case allow, the owner shall remove the garage and shall not be entitled to any compensation in respect thereof.
(3) If the owner fails to remove the garage within the time specified, the council may remove it at his expense, and recover the cost thereof from that owner as a debt.
(4) Every permit granted under section 132 of the Public Works Act 1928 and in force at the commencement of this Part shall continue in force after the commencement of this Part as if it had been granted under this section.
Compare: 1928 No 12 s 132; 1948 No 39 s 28; 1953 No 91 s 52(1); 1954 No 76 s 178B; 1955 No 59 s 7; 1956 No 64 s 198F; 1961 No 131 s 41; 1964 No 119 s 13; 1972 No 96 s 3(1); 1972 No 132 s 8(1)
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “Subject to the Resource Management Act 1991,” for the words “Where a building-line restriction has been imposed under this Act or any other Act in relation to the whole or any part of any road, then notwithstanding anything to the contrary in this Act, but subject to the Town and Country Planning Act 1977”.
Subsection (1) was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression “Public Works Act 1981” for the expression “Public Works Act 1928”.

341 Leases of airspace or subsoil of roads

(1) Subject to section 357(2), the council may—
- (a) grant a lease to any person of the airspace or any part of the airspace above the surface of any road; or
- (b) grant a lease to any person of the subsoil or any part of the subsoil beneath the surface of any road:
Provided that no such lease shall be granted for any purpose that would be in contravention of any provision of the Resource Management Act 1991:
Provided also that, in exercising the powers conferred by this subsection in relation to any airspace, the council shall ensure that sufficient airspace remains above the surface of the road for the free and unobstructed passage of vehicles and pedestrians lawfully using the road.
(2) Any improvements erected or constructed in any airspace or in any subsoil pursuant to a lease under this section shall be deemed to be rateable land for the purposes of the Local Government (Rating) Act 2002.
(3) Nothing in this section shall be construed so as to restrict any right a council may have to permit any person to use for a temporary period any part of the surface or of the airspace above the surface of any road.
(4) The council may grant a lease to any person under subsection (1) for the purpose of the erection or construction and maintenance of a pedestrian or vehicular bridge or tunnel or subway connecting any land or building on one side of the road with any land or building on the other side upon such terms and conditions as it thinks fit.
(5) The Public Bodies Leases Act 1969 shall not apply with respect to any lease granted under this section.
Compare: 1954 No 76 s 170C; 1956 No 64 s 198H; 1971 No 62 s 16; 1972 No 132 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The reference to the “Rating Powers Act 1988” referred to in subsection (2) substituted, as from 29 June 1988, a reference to “Rating Act 1967” by section 209 Rating Powers Act 1988 (1988 No 97).
The first proviso to subsection (1) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsection (2) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words “rateable land for the purposes of the Local Government (Rating) Act 2002” for the words “rateable property for the purposes of the Rating Powers Act 1988”. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating, in a financial year that begins on or after 1 July 2003.

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

(1) A controlling authority or local authority, or any 2 or more of those authorities, may agree with an infrastructure owner to—
- (a) the construction and maintenance by the infrastructure owner of a subway under, or a bridge over, a railway, or a railway bridge over a road, that is within the district of the controlling authority or local authority; and
- (b) the payment by the controlling authority or local authority of the whole or part of the cost of that construction and maintenance.
(2) An agreement may be entered into with respect to any existing or proposed subway or bridge.
(3) A controlling authority or local authority that is authorised by this section to pay in whole or in part the cost of the construction of a subway, bridge, or railway bridge may agree with an infrastructure owner (and is deemed to always have had the power to agree) that—
- (a) the payment must be made by instalments extending over a period of not more than 10 years; and
- (b) interest at a rate agreed on (if any) must be paid on any unpaid balance of that cost.
(4) Every controlling authority and local authority has all the powers that are reasonably necessary or expedient to enable them to carry out functions or duties conferred or imposed under section 83 of the Railways Act 2005 or this section, including (without limitation) the power to enter into agreements with an infrastructure owner to provide for the maintenance of any footbridge or pedestrian subway.
(5) In this section, infrastructure owner has the same meaning as in section 4(1) of the Railways Act 2005.
Compare: 1992 No 111 s 10
Section 341A was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

342 Stopping and closing of roads

(1) The council may, in the manner provided in Schedule 10,—
- (a) stop any road or part thereof in the district:
  provided that the council (not being a borough council) shall not proceed to stop any road or part thereof in a rural area unless the prior consent of the Minister of Lands has been obtained; or
- (b) close any road to traffic or any specified type of traffic (including pedestrian traffic) on a temporary basis in accordance with that Schedule and impose or permit the imposition of charges as provided for in that Schedule.
(2) [Repealed]
Compare: 1954 No 76 s 170(4)(h), (i); 1956 No 64 s 191A(5)(h), (i); 1972 No 132 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(b) was substituted, as from 14 August 1986, by section 9(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
Subsection (2) was repealed, as from 14 August 1986, by section 9(2) Local Government Amendment Act (No 3) 1986 (1986 No 50).

342A Temporary closing of roads by Police

[Repealed]
Section 342A: repealed, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

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

[Repealed]
This section was repealed, as from 14 December 1984, by section 4(1) Local Government Amendment Act 1984 (1984 No 18).

344 Gates and cattle stops across roads

(1) The council may, in writing, permit the erection of a swing gate or a cattle stop or both across any road, where—
- (a) in the council's opinion it is not practicable or reasonable to fence the road; or
- (b) by agreement the road has been taken or may be constructed through private lands and the owner or occupier requests that a gate or a cattle stop or both be erected on the outer boundary at the cost (including maintenance) of one or both parties as may be agreed.
(2) Where a gate is erected across a road under subsection (1), a board with the words “Public Road” legibly painted thereon in letters of not less than 75 millimetres in height shall be fixed upon each side of the gate and at all times maintained thereon by the person authorised to erect the gate, or at whose cost it has been agreed that the gate shall be erected and maintained.
(3) Where a gate or cattle stop across any road is considered redundant or an inconvenience, either by the council or by a petition supported by 20 or more residents of the district, the council may serve notice upon the person authorised to erect the gate or cattle stop of the council's intention to remove it.
(4) Within 14 days after the service on any person of a notice pursuant to subsection (3), he may object, in writing to the council, against its intention to remove the gate or cattle stop.
(5) Not later than 14 days after receiving any such objection, the council shall consider it, and, after hearing any submissions made by the objector or on his behalf, the council may dismiss the objection or decide not to proceed to remove the gate or cattle stop or make such modifications to its proposal as it thinks fit.
(6) The erection across any road of any gate or cattle stop shall not be commenced unless and until plans of the gate or cattle stop have been submitted to and approved by the council. The council may make such alterations in or additions to any plans submitted to it as it thinks fit, and may require the erection of such protective or warning devices as it considers necessary; and the gate or cattle stop shall be erected in accordance with the plans and requirements and in such position as the council directs.
(7) The Minister of Transport may from time to time, by notice in the Gazette, prescribe specifications for gates and cattle stops.
(8) The person by whom any swing gate or cattle stop has been erected pursuant to a permit granted under this section, and his successors in title, shall maintain the swing gate or cattle stop to the satisfaction of the council.
(9) Without limiting the power to make bylaws conferred on the council by section 684, the council may from time to time make bylaws regulating the use of swing gates and cattle stops erected pursuant to this section, prohibiting the causing of damage to such swing gates and cattle stops, and prohibiting the leaving open of such swing gates.
(10) Neither the Crown nor the Minister of Transport nor the council shall be liable for damages in respect of any accident arising out of the existence of a gate or cattle stop across any road erected under a permit granted pursuant to this section.
(11) The power conferred by this section to erect and maintain any swing gate or cattle stop on any road shall be deemed to include power to fence the road up to that gate or cattle stop and to maintain that fence, and every reference in this section to a swing gate or cattle stop shall be deemed to include a reference to such a fence.
(12) This section shall apply with respect to every gate or cattle stop and fence lawfully erected across any road at the commencement of this Part pursuant to a permit granted under section 141 or section 142 or section 144 of the Public Works Act 1928 or section 11 of the Public Works Amendment Act 1935, as if it had been erected pursuant to a permit granted under this section.
(13) The Gates and Cattle Stops Order 1955 (SR 1955/67) shall continue in force and have effect after the commencement of this Part of this Act as if it were a notice issued under subsection (7).
Compare: 1928 No 12 s 141-146; 1935 No 27 s 11; 1948 No 39 s 31(2)
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (7) was substituted, as from 1 April 1988, by section 17(1) Local Government Amendment Act 1988 (1988 No 71).
The reference to “s 684 of this Act” in subsection (9) was substituted, as from 1 April 1980, for the references to “section 386 of the Municipal Corporations Act 1954 or, as the case may be, section 401 of the Counties Act 1956” by section 9 Local Government Amendment Act 1979 (1979 No 59).
Subsection (10) was amended, as from 1 April 1988, by section 17(2) Local Government Amendment Act 1988 (1988 No 71) by substituting the words “Crown nor the Minister of Transport” for the words “Minister of Works and Development”.
The Public Works Act 1928 and the Public Works Amendment Act 1935 referred to in subsection (12) were repealed by section 248 Public Works Act 1981 (1981 No 35).

345 Disposal of land not required for road

(1) Subject to subsection (3), where in forming a new road, or in diverting or stopping or diminishing the width of any existing road, any part thereof is no longer required as a road, the council may—
- (a) either—
  - (i) sell that part to the owner or owners of any adjoining land for a price to be fixed by a competent valuer appointed by the council to value that part; or
  - (ii) grant a lease of that part to the owner or owners of any adjoining land for a term and at a rental and subject to such conditions as the council thinks fit;—
  and, if no such owner or owners is or are willing to purchase the land at the price fixed or, as the case may be, take a lease of that part for the term and at the rental and subject to the conditions fixed, the council may sell or lease the land by public auction or private tender; and a conveyance, transfer, or lease under the seal of the council shall constitute a valid title to the land; or
- (b) apply that part, or any part thereof, to any purpose to which the council may apply land, either under this Act or any other enactment; or
- (c) grant a lease of that part, or any part thereof, for such term and on such conditions as it thinks fit for use for any purpose to which the council may apply land, either under this Act or any other enactment; or
- (d) transfer that part, or any part thereof, to the Crown for a public reserve or for addition to a public reserve or for any purpose of public convenience or utility or as Crown land subject to the Land Act 1948.
(1A) To avoid doubt, this section does not apply to the common marine and coastal area within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011.
(2) Where the council pursuant to subsection (1)(a)(i) sells the land to the owner or owners of any adjoining land, it may require, notwithstanding the provisions of any other enactment, the amalgamation of that land with the adjoining land under 1 certificate of title. The District Land Registrar may, if he thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a certificate of title under this section, and may issue a certificate of title limited as to parcels.
(2A) Where the council acting under subsection (2) requires the amalgamation of the land sold with the adjoining land under 1 certificate of title—
- (a) the separate parcels of land included in the 1 certificate of title by virtue of that requirement shall not be capable of being disposed of individually or of again being held under separate certificates of title, except with the consent of the council:
- (b) where that adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation is lawfully conferred or imposed, the land sold shall be deemed to be and always have been part of the land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on that adjoining land shall be deemed also to be rights and obligations in respect of, or encumbrances on, that land sold.
(2B) On the issue of a certificate of title to the land referred to in subsection (2A), the District Land Registrar shall enter on the certificate of title a memorandum that the land to which it relates is subject to paragraph (a) of that subsection, and, if the circumstances so require, that it is subject to paragraph (b) of that subsection.
(3) Where any road or any part of a road along the mark of mean high water springs of the sea, or along the bank of any river with an average width of 3 metres or more, or the margin of any lake with an area of 8 hectares or more is stopped, there shall become vested in the council as an esplanade reserve (as defined in section 2(1) of the Resource Management Act 1991) for the purposes specified in section 229 of the Resource Management Act 1991—
- (a) a strip of land forming part of the land that ceases to be road not less than 20 metres wide along the mark of mean high water springs of the sea, or along the bank of any river or the margin of any lake (as the case may be); or
- (b) the full width of the land which ceases to be road—
whichever is the lesser.
(4) The obligation under subsection (3) to set aside a strip of land not less than 20 metres in width as an esplanade reserve is subject to any rule included in a district plan under section 77 of the Resource Management Act 1991.
(5) On the issue of any certificate of title for land which has become vested in the council as an esplanade reserve under subsection (3), the District Land Registrar shall enter thereon a memorandum that the land is subject to that subsection.
(6) [Repealed]
Compare: 1954 No 76 s 190; 1956 No 64 s 191F; 1972 No 132 s 2; 1977 No 134 s 2
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(a) was amended, as from 7 July 2004, by section 11 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words “, pursuant to a special order,”.
Section 345(1A): substituted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
Subsections (2A) and (2B) were inserted, as from 14 January 1983, by section 22 Local Government Amendment Act (No 2) 1982 (1982 No 166).
The proviso to the original subsection (3) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word “Conservation” for the word “Lands”.
The original subsection (3) was substituted, and subsections (4) to (6) were inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsections (3) to (5) were substituted, as from 7 July 1993, by section 226(6) Resource Management Amendment Act 1993 (1993 No 65).
Subsection (6) was repealed, as from 7 July 1993, by section 226(6) Resource Management Amendment Act 1993 (1993 No 65).

Limited access roads

346 Interpretation

In sections 346A to 346J, unless the context otherwise requires,—
limited access road means any road declared to be a limited access road under section 346A or the corresponding provisions of any former enactment
road does not include an access way or a service lane.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346A Declaration and revocation of limited access roads

(1) The council may declare any road or part thereof in the district to be a limited access road.
(2) The council may revoke the status as limited access road of any road or any part thereof.
Compare: 1954 No 76 s 170B(1); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 346A was amended, as from 7 July 2004, by section 12 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words “from time to time, by special order,” in both places where they occur.

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

Subject to sections 346C to 346J, the provisions of this Act and of every other enactment relating to roads, as far as they are applicable and with the necessary modifications, shall apply to every limited access road.
Compare: 1954 No 76 s 170B(3); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346C Requirements of declaration of limited access road

The following provisions shall apply in respect of the declaration under section 346A(1) of a limited access road:
- (a) every such declaration shall refer to a plan showing—
  - (i) the road or part thereof to which the declaration relates:
  - (ii) any crossing places to be authorised:
  - (iii) the boundaries of all road frontages of each parcel of land adjoining the road or part thereof to which the declaration relates:
  - (iv) the boundaries of all other types (if any) of legal access (whether roads, private roads, private ways, rights of way, or any other types whatsoever) connecting the road or part thereof to any other parcel of land:
  - (v) the title references to every parcel of land to which subparagraph (iii) or subparagraph (iv) applies:
- (b) every such declaration shall indicate where the plan is held and may be inspected:
- (c) the council shall forward to the District Land Registrar a certificate authenticated by the council (together with a copy of the plan and of any resolution under section 346D(3)), setting out by sufficient descriptions and title references, every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road; and the District Land Registrar shall record it against the titles to all the parcels of land therein described:
- (d) the council shall cause a copy of the certificate to be served on the owner and the occupier (if he is not also the owner) of any land to which the declaration relates, so far as they can be ascertained.
Compare: 1954 No 76 s 170B(9); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (c) was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words “every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road;”.

346D Access to and from land

(1) Each parcel of land that adjoins or has legal access to a limited access road and that does not have reasonably practicable alternative legal access to some other road that is not a limited access road, shall be entitled to 1 crossing place at which vehicles are permitted to proceed to and from the limited access road from and to the parcel of land. The location of that crossing place shall be specified by the council from time to time by notice issued to the owner under section 346E.
(2) No road, or part thereof, shall be declared a limited access road, unless the council, in any case where it considers it inexpedient to authorise any sufficient specified crossing place as aforesaid, purchases or takes under the Public Works Act 1981 or otherwise acquires any parcel of land that does not have a reasonable practical alternative legal access.
(3) In this section and in section 346E the term parcel of land means a parcel of land that can legally be transferred to a person other than an owner of adjoining land without the dedication of any further land as a road and without the deposit of any further plan:
Provided that the council may, by resolution, declare—
- (a) 2 or more adjoining parcels of land, while remaining in 1 ownership; and
- (b) all parcels of land included in 1 unit title plan deposited in accordance with the Unit Titles Act 2010—
to be a single parcel of land for the purposes of this section and of section 346E.
Compare: 1954 No 76 s 170B(4); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 346D(3)(b): amended, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).

346E Authorisation of crossing places

The council may from time to time—
- (a) by notice to the owner of the parcel of land affected,—
  - (i) authorise, subject to such conditions (if any) as it may specify, any crossing place (whether formed or not) at which vehicles may proceed to and from any limited access road from and to that parcel of land:
  - (ii) specify the location of any authorised crossing place:
  - (iii) cancel any such authorisation or specified location if the parcel of land has reasonably practicable legal access to some other road that is not a limited access road or has another authorised crossing place:
  - (iv) cancel or vary all or any conditions imposed under this section or impose further conditions or vary the location of any authorised crossing place:
- (b) construct any road that it may be expedient to construct to give access, whether additional or not, to any land adjoining or near the limited access road.
Compare: 1954 No 76 s 170B(4); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346F Restricting movement to or from a limited access road

Without restricting any provision of any other Act, it is hereby declared that no person shall drive or move any vehicle or animal, or permit any vehicle or animal to be driven or moved, onto or from any limited access road, except—
- (a) at a motorway or road from which vehicles or animals, as the case may be, might lawfully be driven or moved onto the limited access road or part thereof immediately before its declaration as a limited access road; or
- (b) at a motorway or road from which vehicular or animal access to the limited access road has been authorised by the council and subject to such conditions as the council approves and publicly notifies; or
- (c) at a crossing place authorised and specified by the council and subject to such conditions as are for the time being imposed by the council in accordance with section 346D or section 346E.
Compare: 1954 No 76 s 170B(5); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

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

(1) Where any provision of this Act or any other Act makes any person's right to erect or use a building of any kind on any land, or to subdivide or sell any land, conditional upon the land having a frontage or vehicle access to a road, or in any other way conditional upon the existence of a road, then, for the purposes of that provision, a limited access road shall be deemed not to be a road, except for such purpose, to such extent, and on such conditions, as may be notified from time to time by the council to the District Land Registrar.
(2) Any person aggrieved at—
- (a) the refusal of the council to issue a notice to the District Land Registrar under subsection (1); or
- (b) any condition subject to which any such notice is issued—
may object in writing to the Environment Court within 1 month after being notified of that refusal or condition, or within such further time as the Environment Court may allow, and the objection shall be made and determined by the Environment Court in the manner prescribed by the Resource Management Act 1991 and the regulations under that Act.
(3) Subject to section 299 of the Resource Management Act 1991, the decision of the Environment Court on any such objection shall be final.
Compare: 1954 No 76 s 170B(6); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (2) was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words “the objection”.
The words “Environment Court” in subsection (2) were substituted, as from 2 September 1996, for the words “Planning Tribunal” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
Subsection (2)(b) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “and the objection shall be made and determined by the Planning Tribunal in the manner prescribed by the Resource Management Act 1991 and the regulations under that Act.” for the words “and the objection shall be made and determined by the Planning Tribunal in the manner prescribed by the Town and Country Planning Act 1977 and the regulations under that Act”.
Subsection (3) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “Subject to section 299 of the Resource Management Act 1991” for the words “Subject to section 162 of the Town and Country Planning Act 1977”.
The words “Environment Court” in subsection (3) were substituted, as from 2 September 1996, for the words “Planning Tribunal” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

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

(1) Where any road is declared to be a limited access road under section 346A, the council shall forward to the District Land Registrar a certificate authenticated by the council specifying by sufficient description and title reference every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road; and the District Land Registrar shall record the certificate against the titles specified therein.
(2) Where the council revokes the status as a limited access road of any road or part thereof, the council shall forward to the District Land Registrar a certificate authenticated by the council that the status of the road or part thereof as a limited access road has been revoked, and setting out by sufficient descriptions and title references all parcels of land affected by the revocation, and the District Land Registrar shall record the certificate against the titles to all the parcels of land therein described.
(3) The council shall also cause a copy of that certificate to be served on the owner and the occupier (if he is not also the owner) of every parcel of land affected by the revocation, so far as they can be ascertained.
Compare: 1954 No 76 s 170B(9); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

346I Compensation

Where the exercise of any power given by any provision of sections 346A to 346H gives rise to any claim for compensation under section 60 of the Public Works Act 1981—
- (a) the claim shall not be made after a period of 5 years from the date of the exercise of the power:
- (b) section 62(2) of the Public Works Act 1981 shall be read as if the term specified date meant the date of the exercise of the power:
- (c) the Land Valuation Tribunal shall take into account, by way of deduction from the total amount of compensation that would otherwise be awarded, any increase in the value of the parcel of land in respect of which compensation is claimed that has occurred in consequence of the exercise by the council of any power under section 346E.
Compare: 1954 No 76 s 170B(10); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
This section was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression “Public Works Act 1981” for the expression “Public Works Act 1928”.
Paragraph (b) was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression “Public Works Act 1981” for the expression “s 29 Finance Act (No 3) 1944”.

346J Offences

Every person commits an offence against this Act who—
- (a) acts in contravention of or fails to comply with any provision of section 346F; or
- (b) uses or makes any crossing place to or from a limited access road that is not a crossing place authorised under section 346E.
Compare: 1954 No 76 s 170B(8); 1970 No 89 s 4
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Private roads and private ways

347 Width, etc, of private roads

Subject to the Resource Management Act 1991, the provisions of this Part relating to the grades, and formation of roads and to building lines shall apply to private roads as they apply to other roads under the control of the council.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 347 was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “Subject to the Resource Management Act 1991,” for the words “Subject to the Town and Country Planning Act 1977”. It was further amended by section 347 of that Act by omitting the word “widths”.

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

(1) Except with the prior permission of the council, no person shall lay out or form any private road or private way, or grant or reserve a right of way over any private way, in the district.
(2) Subject to section 347, in granting any such permission the council may—
- (a) impose such conditions as to widths, levels, entrances, courses, formation, cost of formation, maximum number of buildings to be erected fronting any such private road or private way, minimum distances between any 2 buildings, position of building line, and otherwise in all respects whatsoever as the council thinks fit; and
- (b) require the owner or owners to whom permission is given to enter into a bond to comply with any conditions imposed by the council. Every such bond shall be deemed—
  - (i) to be an instrument creating an interest in each parcel of land to which the conditions apply within the meaning of section 62 of the Land Transfer Act 1952, and may be registered accordingly; and
  - (ii) to be a covenant running with each such parcel of land, and shall bind subsequent owners.
(3) Any permission of the council under subsection (1) to lay out or form any private road or private way as aforesaid shall be deemed to lapse on the expiration of 3 years after the grant thereof, unless the work has then been completed to the satisfaction of the council; but may from time to time be extended by the council for a period or periods not exceeding 1 year at any one time.
(4) With respect to any private road, the council—
- (a) may require any projection or obstruction in or over any part thereof to be removed at the expense of the person causing the same or to whom the same belongs:
- (b) may by notice in writing require the owners of land or buildings abutting on the private road to construct or repair the road, with the footways, kerbing, and channelling thereof, and every such owner shall be liable for the construction and repair of so much of the private road as the council thinks fit:
- (c) in case of default, may execute the said works, and recover the cost from the owners in the aforesaid proportions.
(5) Subsection (4) shall apply to every private way which for the time being serves as an approach to 2 or more allotments that are separately owned or separately occupied or to any allotment on which there are 2 or more buildings that are separately occupied.
(6) Nothing in this section applies to a private road or right of way lawfully created as part of a subdivision under the Resource Management Act 1991.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsections (1) and (3) were amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word “form” for the word “make”.
Subsection (6) was inserted, as from 1 August 2003, by section 98(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

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

(1) The council may declare to be a public road—
- (a) any private road within the meaning of any Act in force at the time of its being laid out:
- (b) any right of way within the meaning of any Act in force at the time of its being laid out, and which was laid out within the district on or after 2 November 1878, but before 1 January 1887.
(2) Notwithstanding anything in the foregoing provisions of this section, the council shall not declare any private road or right of way as aforesaid to be a public road unless and until it is properly formed by the owners thereof or frontagers thereto.
(3) [Repealed]
(4) Every private road and right of way declared to be a public road as aforesaid shall become a road vested as such in the council.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 7 July 2004, by section 13(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words “, by special order,”.
Subsection (2) was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by omitting the words “and constructed”.
Subsection (3) was repealed, as from 7 July 2004, by section 13(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64).

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

If any person lays out or forms, or permits or allows to be open for use, any private road or private way, or grants or reserves any right of way, contrary to the provisions of this Act, or refuses or neglects to perform, observe, or keep any condition imposed by the council as aforesaid, he commits an offence, and is liable to a fine not exceeding $50 for every day during which the offence has continued after the day on which he receives notice from the council that the offence has been committed.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Section 350 was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the word “forms” for the word “makes”.

351 Illegal private road or private way not to be registered

No plan, deed, or instrument of any kind whatsoever whereby contrary to the provisions of this Part any private road or private way is created, recognised, referred to, granted, or reserved shall be received for deposit or registration under the Deeds Registration Act 1908 or under the Land Transfer Act 1952.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

352 Conditions to be noted on title by Registrar

The District Land Registrar shall enter upon the certificate of title, memorandum of lease, or other proper instrument a note of all conditions imposed under section 348 by the council which are contained in or endorsed upon any instrument or plan presented to him for registration or deposit, and the conditions so noted shall be deemed to constitute a registered encumbrance under the Land Transfer Act 1952.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Safety provisions as to roads

353 General safety provisions as to roads

The council shall take all sufficient precautions for the general safety of the public and traffic and workmen employed on or near any road and, in particular, shall—
- (a) take all reasonable precautions to prevent accidents during the construction or repair by the council of any road, or when any opening is made therein by the council for the repair of drains or gas pipes or for any other purpose, and require other persons doing such work to take such precautions, by erecting barriers, devices to cause traffic to slow down, or fences across any such road or around any dangerous place therein, or otherwise, and shall cause, and require other persons doing such work to cause, any such dangerous place to be sufficiently lighted by night; and any person removing any such protective work, or removing or extinguishing any such light without the authority of the council, commits an offence:
- (b) require the owner or occupier of any land upon which there is any hole, well, excavation, or other place dangerous to persons passing along any road forthwith to fill in, cover, or enclose the same:
- (c) whenever the public safety or convenience renders it expedient, require the owner or occupier of any land not separated from a road by a sufficient fence to enclose the same by a fence to the satisfaction of the council.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

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

(1) Where the owner or occupier of any land proposes to construct a cellar, or make any other excavation (other than a cellar or other excavation to be constructed or made in accordance with a building consent under the Building Act 1991), within 20 metres from any road, private road, or any adjoining property, he shall give notice of his intention to the council, whose consent must first be obtained before the work is commenced; and the owner or occupier shall cause the cellar or excavation to be so constructed or made that it cannot become a receptacle for stagnant water or other impure matter.
(2) Where, under subsection (1), the council grants its consent to the construction of any cellar, it may grant its consent subject to a condition that neither the owner nor the occupier nor their successors in title shall be entitled to claim against the council for any damage caused to the cellar or any property therein arising, whether directly or indirectly, from any defect in any water-supply system, sewerage system, or other public-utility service under the control of the council.
(3) As soon as conveniently may be after the passing of a resolution by the council granting its consent to the construction of a cellar subject to the conditions specified in subsection (2), the council shall send a copy of the resolution, authenticated by the council, to the District Land Registrar, or the Registrar of Deeds, as the case may require, who shall deposit the same in his office and register against the title to the land a memorandum under his hand that the land is subject to those conditions.
(4) This section shall bind the Crown.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by inserting the words “(other than a cellar or other excavation to be constructed or made in accordance with a building consent under the Building Act 1991)”.

355 Council may require removal of overhanging trees, etc

(1) The council may, by notice in writing under the hand of the Chairman or the principal administrative officer, require the owner of any land abutting upon any road within the district to do any of the following acts:
- (a) to remove, lower, or trim to the satisfaction of the council any tree or hedge overhanging or overshadowing the road in cases where, in the opinion of the council, the removal, lowering, or trimming is necessary in order to prevent injury to the road or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto:
- (b) to cut down or grub up, as the council directs, and remove all obstructions to traffic or drainage arising from the growth of plants or the spreading of roots upon or under the road up to the middle line thereof along the whole frontage of the land occupied or owned by him:
- (c) to remove, lower, or trim to the satisfaction of the council any tree or hedge, or to lower any fence or wall, if in the opinion of the council the tree, hedge, fence, or wall is likely, by reason of its obstructing the view, to cause danger to the traffic on that or any other road.
(2) Within 10 days after service of the notice, the owner may apply to a District Court for an order setting aside the notice.
(3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
(4) In the case of a notice which is not set aside as aforesaid, if the owner fails to do any such act in compliance therewith within 1 month from the service thereof, or where application as aforesaid has been heard, then within 1 month after the giving of the decision of the Court, he commits an offence and is liable to a fine not exceeding $5 for every day during which the failure has continued, and the council, by its officers or agents, may enter on the land and do that act and recover the cost from him.
(5) The said cost shall be a charge upon the land.
(6) In any case where the council might give any such notice as aforesaid in respect of any land, any resident of the district may, by notice in writing, request the council to do so.
(7) If for the space of 28 days after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to a District Court for an order requiring the council to comply with that notice.
(8) On the hearing of the application, the Court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the Court shall be final.
(9) The council may remove, lower, cut down, grub up, or trim, as the case may be, any fence, wall, tree, hedge, or plant to which subsection (1) applies, after giving oral notice to the occupier, or, where there is no occupier, to the owner, of the land, if life, property, or any road is in imminent danger. The cost of the work shall be a charge against the land as if notice had been given under subsection (1) and had not been set aside by a District Court.
(10) For the purposes of this section the term cut down means cutting down and keeping cut down or removing or controlling by chemical means the stem and roots of any plants so as to prevent their throwing out any leaf, offshoot, or flower.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
The words “District Court” referred to in subsections (2), (7), and (9) were substituted, as from 1 April 1980, for the words “Magistrate's Court” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

356 Removal of abandoned vehicles from roads

(1) This section applies where any category A or category B or category C motor vehicle is found on a road within the district of any council and appears to have been abandoned by its owner.
(2) In the case of a category A or category B vehicle, the following provisions shall apply:
- (a) the council may, or may authorise any person to, remove the vehicle and store it:
- (b) no person shall remove the vehicle until a member of the Police has been notified of the proposal to move it:
- (c) the council shall make reasonable efforts to give notice to the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle of its intention to sell the vehicle, and those efforts shall include,—
  - (i) in the case of a category A vehicle, taking practical steps to identify the owner of the vehicle by reference to chassis numbers or other numbers appearing on the vehicle:
  - (ii) in the case of a category B vehicle, identifying the owner of the vehicle by reference to such numbers and by searching the motor vehicle security register or otherwise:
- (d) after making reasonable efforts to give notice under paragraph (c), the council may give not less than 10 working days' notice, by advertisement in 2 issues of a daily newspaper circulating in the district in which the road is situated, of its intention to sell the vehicle, but if the council is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispense with the giving of such notice:
- (e) at any time after the expiration of a notice given in accordance with paragraph (d) or at any time after the giving of such notice has been dispensed with under that paragraph, the council may sell or otherwise dispose of the vehicle to any person or otherwise dispose of the vehicle in such manner as the council thinks fit, and any person to whom such a vehicle is sold or disposed of shall thereupon become the lawful owner of the vehicle:
- (f) the advertisement under paragraph (d) shall specify the following:
  - (i) a description of the make, model, and colour of the vehicle:
  - (ii) the chassis numbers and any other vehicle numbers (if known):
  - (iii) the location from which the vehicle was removed:
- (g) the proceeds of any such sale shall be applied in payment of the costs and charges attending the sale, including the advertisement under paragraph (d), and of the expenses of the removal and storage of the motor vehicle, and the residue, if any, shall be payable to the former owner of the vehicle:
- (h) where any motor vehicle is removed under this subsection, the owner shall be liable to pay to the council all expenses incurred by the council in removing and storing the vehicle, and, where the vehicle is claimed by the owner and not sold or otherwise disposed of pursuant to this subsection, those expenses shall be payable before the owner takes delivery of the vehicle.
(3) In the case of a category C vehicle, the provisions of subsection (2) shall apply with the following modifications:
- (a) the notice specified in paragraph (d) of that subsection shall not be given unless the vehicle has been stored for a period of 1 month and reasonable efforts to locate the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle have been made by the council:
- (b) in addition to specifying the matters set out in paragraph (f) of that subsection, the notice shall specify the name of the person currently registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle and the last known address of that person:
- (c) paragraph (c) of that subsection shall apply as if the vehicle were a category B vehicle.
(4) If, after a search of the motor vehicle security register in accordance with subsection (2)(c)(ii) or subsection (3)(c), it is found that the vehicle is subject to a registered security interest, the council shall, before selling or otherwise disposing of the vehicle, notify the holder of that interest of its intention to sell or otherwise dispose of the vehicle.
(5) For the purposes of this section,—
- (a) a category A vehicle is a motor vehicle that has neither a number plate nor a current licence label affixed to the vehicle:
- (b) a category B vehicle is a motor vehicle that has affixed to it either a number plate or a current licence label (but not both):
- (c) a category C vehicle is a motor vehicle that has affixed to it either—
  - (i) a number plate and a current licence label; or
  - (ii) a number plate and a licence label that expired not more than 6 months before the council took possession of the vehicle.
(6) For the purposes of this section, council, in relation to a State highway that is under the control of the New Zealand Transport Agency, means the New Zealand Transport Agency.
(7) Nothing in this section limits or affects anything in section 239 of the Public Works Act 1981.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (9)(a) council: was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words “Transit New Zealand” for the words “the National Roads Board”.
Section 356 was substituted, as from 1 April 1993, by section 2(1) Local Government Amendment Act (No 3) 1992 (1992 No 113).
Subsection (2)(a) was amended, as from 28 June 2006, by section 4(1) Local Government Act 1974 Amendment Act 2006 (2006 No 27) by substituting the words “may, or may authorise any person to,” for the words “may authorise any person to”.
Subsection (2)(b) was amended, as from 28 June 2006, by section 4(2) Local Government Act 1974 Amendment Act 2006 (2006 No 27) by omitting the words “authorised by the council”.
Section 356(2)(c): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Subsection (2)(h) was amended, as from 28 June 2006, by section 4(3) Local Government Act 1974 Amendment Act 2006 (2006 No 27) by omitting the words “by the council” in the first place where it appears.
Section 356(3)(a): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 356(3)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 356(6): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

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

(1) This section applies in relation to a motor vehicle if—
- (a) the vehicle is found on a road or in a public place within a territorial authority's district; and
- (b) the vehicle has—
  - (i) an evidence of vehicle inspection and a licence label affixed to it, but each document has expired by more than 31 days; or
  - (ii) an evidence of vehicle inspection affixed to it that has expired by more than 31 days and no licence label affixed to it; or
  - (iii) a licence label affixed to it that has expired by more than 31 days and no evidence of vehicle inspection affixed to it; or
  - (iv) neither an evidence of vehicle inspection nor a licence label affixed to it.
(2) The territorial authority—
- (a) may, or may authorise any person to, remove the vehicle; and
- (b) if it does so, must—
  - (i) store it for 10 days (the 10-day period); and
  - (ii) during that time, make reasonable efforts to notify the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle—
    - (A) that it has removed the vehicle; and
    - (B) that the vehicle is in storage; and
    - (C) of the territorial authority's powers under subsection (7).
(3) However, if the territorial authority is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispose of the vehicle without complying with subsection (2)(b).
(4) A vehicle must not be removed under this section until a member of the police has been notified of the proposed removal.
(5) If a vehicle is claimed by any person lawfully entitled to it before the end of the 10-day period, the territorial authority must release the vehicle to the person.
(6) Subsection (5) applies only if any costs incurred by the territorial authority for removing and storing the vehicle are first paid.
(7) If a vehicle is not claimed under subsection (5), the territorial authority may—
- (a) dispose of it (by sale or otherwise) at any time after the 10-day period has expired; and
- (b) recover from the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle any costs incurred by the territorial authority as a result of removing, storing, and disposing of the vehicle (less any amount received on the disposal of it).
(8) A territorial authority may retain any proceeds from the disposal of a vehicle under this section that—
- (a) are not claimed by the person who owned the vehicle at the time it was disposed of within 12 months of the vehicle's disposal; and
- (b) are in addition to any costs incurred by the territorial authority for removing, storing, and disposing of the vehicle.
(9) Any person to whom a vehicle is disposed of under this section becomes the lawful owner of the vehicle.
(10) Nothing in this section limits or affects anything in section 239 of the Public Works Act 1981.
(11) For the purposes of this section,—
evidence of vehicle inspection has the meaning given to it in section 2(1) of the Land Transport Act 1998
public place means a place that is—
- (a) under the control of the territorial authority; and
- (b) open to, or being used by, the public, whether or not there is a charge for admission
territorial authority, in relation to a State highway that is under the control of the New Zealand Transport Agency, means the New Zealand Transport Agency.
Sections 356A and 356B were inserted, as from 28 June 2006, by section 5 Local Government Act 1974 Amendment Act 2006 (2006 No 27).
Section 356A(2)(b)(ii): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 356A(7)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 356A(11) territorial authority: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

356B Relationship between section 356 and section 356A

In any circumstances where a territorial authority is authorised to remove a motor vehicle under both section 356 and 356A, the territorial authority may only exercise its powers under section 356A.
Sections 356A and 356B were inserted, as from 28 June 2006, by section 5 Local Government Act 1974 Amendment Act 2006 (2006 No 27).

357 Penalties for damage to roads

(1) Every person commits an offence who, not being authorised by the council or by or under any Act,—
- (a) encroaches on a road by making or erecting any building, fence, ditch, or other obstacle or work of any kind upon, over, or under the road, or by planting any tree or shrub thereon; or
- (b) places or leaves on a road, any timber, earth, stones, or other thing; or
- (c) digs up, removes, or alters in any way the soil or surface or scarp of a road; or
- (d) damages or, except with the consent of the council, removes or alters any gate or cattle stop lawfully erected across any road; or
- (e) allows any water, tailings, or sludge, or any filthy or noisome matter, to flow from any building or land in his occupation on to a road; or
- (f) wilfully or negligently causes or allows any oil, or any liquid harmful to sealed or paved road surfaces or likely to create a danger to vehicles on such surfaces, to escape on to any road having a sealed or paved surface; or
- (g) causes or permits any timber or other heavy material, not being wholly raised above the ground on wheels, to be dragged on a road; or
- (h) causes or negligently allows any retaining wall, foundation wall, or fence erected on any land, or any batter or slope of earth, or any building, erection, material, or thing, to give way or fall so as to damage or obstruct a road; or
- (i) digs up or removes any stone, gravel, sand, or other material from a river bed within 50 metres of a bridge or ford on any road or any dam on which a road is constructed; or
- (j) does or causes or permits to be done any act whatsoever by which any damage is caused to a road or any work or thing in, on, or under the same,—
and is liable to a fine not exceeding $1,000 and, where the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued and may be ordered to pay the cost incurred by the council in removing any such encroachment, obstruction, or matter, or in repairing any damage caused as aforesaid:
Provided that no fine shall be imposed unless the information is laid by authority of the council or by an officer thereof.
(2) The Council shall not authorise or suffer any encroachment on a road if the encroachment would or might interfere with or in any way obstruct the right of the Crown, or of any person so authorised by any Act, to construct, place, maintain, alter, remove, or otherwise deal with any electric wires, telephone wires, telegraph wires, pneumatic tubes, or gas pipes on, over, or under the road, except with the prior written consent of the Minister of the Crown, the person, or principal administrative officer of the body, who or which is responsible for any such services or utilities.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 25 July 1995, by section 5(1)(a) Local Government Amendment Act (No 2) 1995 (1995 No 40) by substituting the expression “$1,000” for the expression “$200”. Subsection (1) was further amended by section 5(1)(b) of that Act by substituting the expression “$50” for the expression “$20”.
Subsection (2) was substituted, as from 1 April 1988, by section 18 Local Government Amendment Act 1988 (1988 No 71).

Contracts and leases relating to ferries

357A Leasing powers of council with respect to ferries

The council having control of a ferry may let the ferry for a term not exceeding 14 years, for such rent and on such terms and conditions as to the maintenance of the ferry as the council thinks fit, and without submitting the lease to public auction or public tender:
Provided that before granting any such lease for any term exceeding 3 years the proposed terms and conditions thereof shall be publicly notified for at least 2 months.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Privately constructed bridges and ferries

358 Privately constructed bridges and ferries

(1) Subject to such conditions as he thinks fit, the Minister may from time to time, by notice in the Gazette, authorise any person to construct a bridge across any river, creek, or stream, the bed of which is vested in the Crown, or to establish a ferry across any river, creek, stream, or lake, the bed of which is vested in the Crown, and to maintain that bridge or ferry for such period as the Minister thinks fit, and to occupy for such period as the Minister thinks fit such portion of any road or Crown land as seems to him to be necessary as a site for that bridge or ferry.
(2) Every such bridge or ferry shall be deemed to be respectively a public bridge or ferry, and shall be open to the use of the public at all hours, subject to any regulations that may be made pursuant to this Act for regulating the use thereof.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

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

Without limiting the general power to make regulations conferred by section 723, regulations may be made under that section applying generally to bridges or ferries constructed or established under section 358 or to any such specified bridges or ferries,—
- (a) for the management of those bridges or ferries and the approaches thereto, and for the maintenance of those bridges or ferries in good repair:
- (b) fixing the tolls (if any) to be levied on those bridges, and the fares to be chargeable for the conveyance of passengers, animals, or goods by those ferries:
- (c) declaring what exemptions shall be allowed from the payment of any such tolls or fares:
- (d) regulating the collection of any such tolls or fares, and preventing the evasion thereof.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1) was amended, as from 1 April 1980, by section 8(1) Local Government Amendment Act 1979 (1979 No 59) by substituting the words “section 723 of this Act, regulations may be made under that section” for the words “section 639 of this Act or by section 410 of the Municipal Corporations Act 1954 or section 449 of the Counties Act 1956, regulations may from time to time be made under any of those sections”.

360 Minister may delegate powers to council

The Minister may from time to time, by notice in the Gazette, delegate to the council all or any of the powers conferred on him by section 358, or authorise the council to make bylaws for all or any of the matters specified in section 359.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Tolls at bridges, tunnels, and ferries

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

(1) The Minister may from time to time, by notice in the Gazette,—
- (a) authorise a council to establish, by using the special consultative procedure, toll gates and collect tolls at any bridge, tunnel, or ferry within the district or under the control of the council; or
- (b) with the agreement of the council, abolish any toll gate or reduce the tolls to be taken at any toll gate if the Minister is of the opinion that any toll gate established by a council is not necessary or that the tolls taken thereat are excessive.
(2) Any authority granted under subsection (1)(a) may be granted subject to such terms and conditions as the Minister thinks fit, including, but without limiting the generality of the foregoing provisions of this subsection, terms and conditions as to—
- (a) the tolls that may be taken:
- (b) the conditions under which the tolls may be taken:
- (c) the persons and classes of persons exempted from payment of the tolls:
- (d) the manner in which and the conditions on which tolls may be leased:
- (e) the distraining for or recovery of tolls:
- (f) the appointment and duties of collectors of tolls:
- (g) the making of any toll gate in the district clearing any other toll gate in the district or in any other district.
(3) Notwithstanding the repeal by section 4 of the Local Government Amendment Act 1978 of sections 179 to 199 of the Public Works Act 1928, sections 206 to 211 of the Municipal Corporations Act 1954 and Schedule 9 to that Act, and sections 213 to 218 of the Counties Act 1956 and Schedule 4 to that Act, every toll gate established before the date of the commencement of this Part under any section so repealed and in existence immediately before that date shall continue in force on and after that date as if the said sections 179 to 199 or, as the case may be, sections 206 to 211 and the said Schedule 9 or sections 213 to 218 and the said Schedule 4 had not been repealed.
(4) Nothing in this section or in any notice given under this section shall be construed to limit or interfere with the right to levy tolls on any bridge, ferry, tunnel, tramway, or toll gate granted to any person during the period for which the tolls have been so granted, except on payment of adequate compensation.
(5) Every person commits an offence against this Act who—
- (a) evades the payment of any toll payable by him; or
- (b) resists or obstructs any toll keeper in the execution of his duty; or
- (c) falsely claims exemption from any toll.
Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).
Subsection (1)(a) was amended, as from 7 July 2004, by section 14 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words “using the special consultative procedure” for the words “special order”.

Part 22
Regional roads

[Repealed]

Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

362 Interpretation

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

363 Power to declare regional roads

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

364 Constituent authority may request council to declare regional road

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

365 Objections and appeals by constituent authorities

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

366 Powers of council in relation to regional roads

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

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

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

368 Power to delegate

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

369 Revocation of a regional road

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

370 Appeals

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

371 Limited access regional roads

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

372 Bylaws

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

373 Road improvement land

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

373A Subsidies under National Roads Act

[Repealed]
Section 373A was repealed, as from 1 October 1989, by section 116(1) Transit New Zealand Act 1989 (1989 No 75).

374 Regional motorways

[Repealed]
Sections 362 to 374 were repealed, as from 1 July 1992, by section 37(1) Local Government Amendment Act 1992 (1992 No 42).

Part 23
Water supply by territorial authorities

[Repealed]

Part 23 (comprising sections 375 to 397) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

375 This Part to be subject to Resource Management Act 1991, and Health Act 1956

[Repealed]
Section 375 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

376 Interpretation and application

[Repealed]
Section 376 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

377 Constitution of water supply areas

[Repealed]
Section 377 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Powers of council in regard to waterworks

[Repealed]

378 Control of source of water supply

[Repealed]
Section 378 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

379 Council may construct or purchase waterworks

[Repealed]
Section 379 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

380 Special provisions as to waterworks beyond the district

[Repealed]
Section 380 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Supply of water

[Repealed]

381 Council may contract for water supply

[Repealed]
Section 381 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

382 Persons supplied with water to prevent waste

[Repealed]
Section 382 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

383 Notice of removal of water pipes to be given to council

[Repealed]
Section 383 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

384 Advances to property owners for water connections

[Repealed]
Section 384 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Supply to persons outside district

[Repealed]

385 Supply of water outside district

[Repealed]
Section 385 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

386 Discontinuance of supply of water outside district

[Repealed]
Section 386 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 387 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Use of water for motive power

[Repealed]

388 Council may use water from waterworks for motive power

[Repealed]
Section 388 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

389 Surplus water may be sold for motive power

[Repealed]
Section 389 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

390 Discontinuance of supply of water for motive power

[Repealed]
Section 390 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Protection of water and waterworks

[Repealed]

391 Drawing off water from waterworks

[Repealed]
Section 391 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

392 Pollution of water supply

[Repealed]
Section 392 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

393 Factories, etc, may be examined

[Repealed]
Section 393 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

394 Diversion of water from waterworks in case of flood

[Repealed]
Section 394 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

395 Offences with respect to waterworks

[Repealed]
Section 395 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

396 Offences with respect to water meters

[Repealed]
Section 396 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

397 Council may stop supply of water in certain cases

[Repealed]
Section 397 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 24
Regional water supply

[Repealed]

Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

398 This Part to be read subject to Resource Management Act 1991 and the Health Act 1956

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

399 Interpretation

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

400 Council may supply water to constituent authorities

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

401 Council may construct or purchase waterworks

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

402 Local authorities and other bodies to be notified of work

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

403 Use of water for motive power

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

404 Surplus water may be sold for motive power

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

405 Discontinuance of supply of water for motive power

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

406 Council may contract for water supply

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

407 Drawing off water from waterworks

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

408 Offences with respect to water supply

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

409 Pollution of water supply

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

410 Factories, etc, may be examined

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

411 Diversion of water from waterworks in case of flood

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

412 Allocation of supply of water to constituent authorities

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

413 Appeals relating to supply of water

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

414 Council may operate constituent authority's waterworks

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

415 Supply of water to consumers outside the region

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

416 Supply of water to territorial authority

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

417 Discontinuance of supply of water outside region

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

418 Charges for water supplied to constituent authority

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

419 Surcharges for exceeding allocations

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

420 Payment of charges and surcharges

[Repealed]
Part 24 (comprising sections 398 to 420) was repealed, as from 1 July 1992, by section 42(1) Local Government Amendment Act 1992 (1992 No 42)

Part 25
Water races

[Repealed]

Part 25 (comprising sections 421 to 439) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

420A Application of Part 25

[Repealed]
Section 420A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

421 This Part to be subject to Resource Management Act 1991

[Repealed]
Section 421 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

422 Interpretation

[Repealed]
Section 422 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Water-race areas

[Repealed]

423 Constitution, alteration, and union of water-race areas

[Repealed]
Section 423 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

424 Subdivision of water-race areas

[Repealed]
Section 424 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

425 Water-race map

[Repealed]
Section 425 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Powers of council as to water races

[Repealed]

426 General powers of council as to water races

[Repealed]
Section 426 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

427 Discontinuance of water race

[Repealed]
Section 427 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

428 Council may sell disused water race

[Repealed]
Section 428 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

429 Water channel may be declared a water race

[Repealed]
Section 429 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

430 Council may stop supply of water in certain cases

[Repealed]
Section 430 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

431 Compensation

[Repealed]
Section 431 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

432 Appointment of managing ratepayers

[Repealed]
Section 432 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Water races outside district

[Repealed]

433 Exercise of powers outside district

[Repealed]
Section 433 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

434 Supply of water outside district

[Repealed]
Section 434 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

435 Discontinuance of supply of water outside district

[Repealed]
Section 435 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Provisions for the protection of water races

[Repealed]

436 Drawing off water from streams supplying water race

[Repealed]
Section 436 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

437 Offences with respect to water races

[Repealed]
Section 437 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

438 Pollution of water races

[Repealed]
Section 438 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84). See also section 60 Health Act 1956 (1956 No 65).

Bylaws

[Repealed]

439 Bylaws as to water races

[Repealed]
Section 439 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 26
Sewerage and stormwater drainage by territorial authorities

Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).

440 This Part to be subject to Soil Conservation and Rivers Control Act 1941 and Water and Soil Conservation Act 1967

[Repealed]
Section 440 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

441 Interpretation and application

[Repealed]
Section 441 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Powers of council in respect of sewerage and stormwater drainage

442 Council may make provision for drainage of district

[Repealed]
Section 442 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

443 Constitution of urban drainage areas

[Repealed]
Section 443 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

444 Drainage map

[Repealed]
Section 444 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

445 Council may construct drains

[Repealed]
Section 445 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

(1) The council may enclose and cover in any watercourse within the district which, by reason of any pollutant therein, or from any other cause whatever, is, or in the opinion of the council may become, a nuisance or dangerous to the public health, whereupon the work shall become a public drain of the district.
(2) For that purpose the council may make, construct, and lay down such drains or do such other works as in the opinion of the council are necessary for the covering in of the watercourse.
(3) The council may do such work as in its opinion is necessary to exclude from any watercourse any pollutant which in the opinion of the council should be excluded therefrom, and for that purpose and for the purposes of subsection (1) the council may straighten or otherwise alter the course and direction of any watercourse, and take up, disconnect, alter, relay, or otherwise deal with any private drains communicating with any watercourse.
(4) In the exercise of any powers conferred on it by this section, the council shall not be liable to pay compensation in respect of anyone being deprived of the water flowing in the watercourse, or of the right to that water, nor for any damage or inconvenience occasioned to the owners or occupiers of those lands or premises, but shall nevertheless make good any damage or injury caused during the construction of the works:
Provided that this subsection shall not apply in any case in which the nuisance or danger has been caused by the act or default of the council.
(5) Before undertaking any work under this section the council must—
- (a) prepare a statement of proposal in relation to the work that includes—
  - (i) a description of the work; and
  - (ii) the reasons for the work; and
  - (iii) an explanation of the procedure under subsection (7); and
  - (iv) when and where the council will vote on a motion to undertake the work; and
  - (v) any other information that the council identifies as relevant; and
- (b) make the statement of proposal available in a way appropriate to the subject-matter of the proposal; and
- (c) produce a summary of proposal that—
  - (i) is a fair representation of the major matters in the statement of proposal; and
  - (ii) explains how the statement of proposal is avail-able for inspection; and
- (d) publicise the summary of proposal in a way appropriate to the subject-matter of the proposal.
(6) The council must not vote on a motion to undertake the proposed work until at least 20 working days after the summary of proposal is first publicised under subsection (5)(d).
(7) An owner or occupier of land who may be affected by the work may apply to a District Court for an order under subsection (8) at any time between the publicising of the summary of proposal under subsection (5)(d) and 10 days after a resolution of the council is made under subsection (6).
(8) The Court may make an order or orders—
- (a) setting a date before which the council may not under-take the work:
- (b) allowing the council to undertake the work with or without modification:
- (c) prohibiting the council from undertaking the work.
(9) Despite subsections (5) to (8), a council may, at any time, undertake temporary works for abating a nuisance in a water-course if the Medical Officer of Health, or 2 medical practitioners, has certified in writing that immediate action in relation to the watercourse is necessary in the interests of public health.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsections (5) and (6) were substituted, as from 7 July 2004, by section 15 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Subsection (7) was amended, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125) by substituting the words “District Court” for the words “Magistrate's Court”.
Subsections (7) to (9) were substituted, as from 7 July 2004, by section 15 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Subsection (9) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”. See sections 178 to 227 of that Act as to the transitional provisions.

447 Betterment contributions where watercourse covered in

(1) Where the council incurs any expenditure in enclosing and covering in any watercourse under the powers conferred by section 446, each owner of land benefited or likely to be benefited from the enclosing and covering in of the watercourse shall, if the council so requires, pay to the council on account of betterment the amount of the increased value thereby given, or likely to be given, to his land, or any smaller amount.
(2) Subsections (3) to (10) of section 326 (relating to betterment contributions due to road widening), as far as they are applicable and with the necessary modifications, shall apply with respect to claims for betterment under this section as if it were a claim for betterment under the said section 326, and as if the reference in subsection (4) of the said section 326 to the widening of a road or part of a road was a reference to the enclosing and covering in of a watercourse.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).

448 Stormwater may be led into watercourses

[Repealed]
Section 448 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

449 Channels for stormwater

[Repealed]
Section 449 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

450 Council may make dams, etc, in watercourses

[Repealed]
Section 450 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

451 Diversion, etc, of drainage works

(1) If any person proposes to erect any building or to carry out any work in such a location and at such levels that the diversion, alteration, protection, or replacement of any of the drainage works of the council appears to be essential to the erection of the building or carrying on of the work,—
- (a) that person shall notify the council of his proposals; and
- (b) if the council is satisfied that it is practicable for its drainage works to be diverted, altered, protected, or replaced without material interference with the services for which it is responsible and that it is reasonable that this be done, it may enter into an agreement with that person as to the manner in which the drainage works shall be diverted, altered, protected, or replaced.
(2) The cost of so diverting, altering, protecting, or replacing the drainage works of the council shall be borne by that person, and all other costs which the council may incur in any way incidental thereto shall be paid to the council by that person.
(3) If that person fails to comply with any condition specified in any such agreement, he commits an offence against this Act.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).

452 Council may treat and deal with sewage

[Repealed]
Section 452 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Powers of council as to drainage outside district

[Repealed]

453 Council may construct drainage works outside district

[Repealed]
Section 453 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

454 Construction and repair of drainage works outside district

[Repealed]
Section 454 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 455 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

456 Council may drain areas outside district

[Repealed]
Section 456 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

457 Discontinuance of drainage outside district

[Repealed]
Section 457 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

458 Charges for drainage in areas added to district

[Repealed]
Section 458 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Private drains

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

(1) In respect of any land or building within the district, the council may, subject to sections 283 and 294(9) and to subsection (7), by notice in writing, require the owner thereof to do all or any of the following things:
- (a) to provide, construct, and lay a private drain from any land or building which is not drained by some drain to the satisfaction of the council, and to connect that private drain with any public drain or watercourse or the sea, as the council thinks fit:
- (b) to cleanse and repair or to relay or alter the course, direction, and outfall of any existing private drain of or belonging to the premises:
- (c) to connect any such existing private drain with any public drain or watercourse other than the public drain or watercourse with which the private drain was previously connected:
- (d) to provide and affix in and to any such existing private drain, and in and to any such new private drain, all such traps, methods of ventilation, and other fittings whatever as the council directs:
- (e) to connect or disconnect any existing or new private drain with or from any water closet, urinal, bath, sink, grease trap, or other sanitary appliance:
- (f) to execute, provide, and do generally any works, materials, and things which in the opinion of the council are necessary or expedient for the efficient drainage of the premises and every part thereof.
(2) The council may, in the exercise of the powers conferred upon it by subsection (1), instead of requiring several owners each to provide, construct, and lay a private drain, and to connect that private drain with any public drain, or watercourse, or the sea as provided in that subsection, require those owners—
- (a) jointly to provide, construct, and lay a common private drain through such of the separately owned lands as the council thinks fit, and to connect that private drain with any public drain, watercourse, or the sea as aforesaid; and
- (b) severally to provide, construct, and lay a private drain from the land or building of which each is the owner, and to connect that private drain with the common private drain.
(3) The powers conferred upon the council by paragraphs (b) to (f) of subsection (1) may also be exercised with respect to private drains provided, constructed, and laid under subsection (2), and to similar private drains heretofore provided, constructed, and laid in the district.
(4) Every notice under this section shall specify the works, materials, and things to be executed, provided, or done thereunder, and the public drain or watercourse with which any private drain is required to be connected, and shall limit a time within which the works, materials, and things shall be so executed, provided, and done.
(5) The foregoing powers shall, among other things, enable the council to require any owner of premises to cause any pollutant and any water that does not contain any pollutant to be drained respectively by sewerage drains and stormwater drains to separate outfalls:
Provided that the council shall not in any such notice require any pollutant to be drained into any open drain.
(6) If the owner fails to do any work specified in the notice and as therein directed, the council may, if it thinks fit, cause the work to be done, and may recover from him the costs and expenses of the work together with 10% of those costs and expenses for supervision by the officers or agents of the council, and interest at a rate per annum, as fixed by the council, on the total sum until payment thereof. Where any work done by the council pursuant to this subsection is on account of several owners, the council may apportion the total amount as aforesaid between those owners, and the amount so apportioned to each such owner shall be the amount recoverable from him.
(7) No owner shall be required—
- (a) to construct any private drain, other than a common drain, to connect with any public drain or the sea at a point more than 30 metres from his land; or
- (b) to construct any private drain for the drainage of a building if the nearest part of the building is situated more than 60 metres from the public drain, or watercourse, or sea to which it is required to be connected.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (6) was amended, as from 10 September 1999, by section 5 Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words “pursuant to section 221 of this Act”.
Subsection (7) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by omitting the words “Subject to Part 20 of this Act”.

460 Construction of private drains through adjoining premises

(1) Where, in the opinion of the council, the only practical route of any new private drain is through 1 or more adjoining premises, and any owner or owners of any of those premises will not consent to its construction, the council may, pursuant to a resolution in that behalf, of which notice shall be given to the owner or owners withholding his or their consent as aforesaid, enter upon his or their premises and execute, provide, and do all or any of the works, materials, and things which the council considers necessary, in order that the drain shall be laid in an efficient manner.
(2) Before passing a resolution under subsection (1), the council shall give to every owner refusing his consent as aforesaid an opportunity to be heard before a committee of the council.
(3) The cost incurred by the council in carrying out the said work, including the payment of compensation for injurious affection to any premises through which the drain is laid, shall be payable by the council in the first instance, and may be recovered by it from the owner of the land to be served by the private drain; and section 465 shall apply with respect to the amount so recoverable as if it were an advance made by the council under section 463.
(4) If agreement cannot be reached between the council and any claimant for any such injurious affection, the matter shall be determined as if the work were a public work and the claim were a claim for injurious affection in respect thereof under the Public Works Act 1981.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).

461 Further provisions with respect to private drains

(1) Where any private drain constructed with the consent of the owners of all the lands affected or constructed by the council pursuant to section 460 passes through or serves separately owned premises, there shall be attached to each and all of the lands served by that private drain the following rights, namely:
- (a) a right to the free and uninterrupted use of that private drain; and
- (b) a right for the occupiers or any of them to enter upon all lands served by that drain, or through which it passes, for the purpose of relaying or effecting necessary repairs to the drain; and
- (c) a right to contribution from the owners or occupiers of other lands so served by that drain towards the cost of executing, providing, and doing all or any of the things required in respect of the drain by this Part or any bylaw; and
- (d) a right to contribution from the owners or occupiers of those other lands towards the cost of all necessary relaying of or repairs to the drain; and
- (e) a right to the recovery from the owners or occupiers of other lands through which that drain passes but which are not served by the drain of the cost of any repairs to the drain necessitated by any wilful or negligent act of those owners or occupiers,—
and those rights, upon a certificate being furnished by the principal administrative officer that any of the lands is actually served by that drain, together with such plans (if any) as the District Land Registrar requires, shall be registered by the District Land Registrar against the titles to all the other lands so served by the drain, and also, in the case of the right to free and uninterrupted use of the drain and the right to enter upon land to effect necessary relaying or repairs, or to recover under paragraph (e) the cost of any repairs to the drain, against the titles to the lands through which the drain passes.
(2) The District Land Registrar, on the receipt by him of a certificate signed by the principal administrative officer that any of the said lands is actually served by that private drain, shall enter on the register and upon the outstanding duplicate certificate of title for that land, which certificate of title shall be produced to him for that purpose,—
- (a) particulars of the certificate given by the principal administrative officer; and
- (b) a memorandum that there are attached to the land the rights specified in subsection (1).
(3) If any question arises as to the liability of any owner or occupier under any provision of subsection (1), a District Court shall have jurisdiction to hear and determine the question, and the decision of the Court shall be final.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 1 April 1980, by section 39 Local Government Amendment Act 1980 (1980 No 82) by substituting the expression “paragraph (e)” for the expression “paragraph (c)”.
The words “principal administrative officer” were substituted for the words “principal officer”, as from 19 January 1981, pursuant to section 2(2) Local Government Amendment Act 1980 (1980 No 82).
The words “District Court” were substituted for the words “Magistrate's Court”, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

462 Council may declare private drain to be public drain

(1) The council may, by resolution passed at a meeting of which at least 14 days' public notice has been given, declare any specified private drain in the district to be a public drain.
(2) For the purposes of this section, every drain constructed for State housing purposes under the Housing Act 1955 and serving 2 or more properties, or carrying water from any road channel or sump over or under any land to a watercourse or public drain, shall be deemed to be a private drain.
(3) Where a certificate under section 461 in relation to any private drain has been entered on the register pursuant to that section or the corresponding provisions of any former enactment and the drain has been declared to be a public drain pursuant to subsection (1),—
- (a) the principal administrative officer shall send to the District Land Registrar an authenticated copy of the resolution under that subsection; and
- (b) the District Land Registrar shall enter on the register and on the outstanding certificates of title to the lands served by that drain (which shall be produced to him for the purpose) a memorandum that the drain has become a public drain.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words “principal administrative officer” were substituted for the words “principal officer”, as from 19 January 1981, pursuant to section 2(2) Local Government Amendment Act 1980 (1980 No 82).

Money payable by owners and occupiers

[Repealed]

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

[Repealed]
Section 463 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 464 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 465 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

466 Advances to property owners for clearing or covering in watercourses

[Repealed]
Section 466 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Drain protection and protective works

467 Unlawful connection of private drain

(1) Every person commits an offence against this Act who, not having the written authority of the council, connects any private drain with a public or private drain or covered watercourse.
(2) The council may replace or repair any property destroyed or damaged by any such unlawful connection of a private drain, or remove or alter any such private drain, and may recover from that person the full cost of the work and the full amount of any damage done or caused by him.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).

468 Tree roots obstructing public drains

(1) The council may, by notice in writing under the hand of the Chairman or the principal administrative officer, require the occupier or, in any case where there is no occupier, the owner of any land within the district to cut down or remove any tree on that land, or any specified part of any such tree, the roots of which in the opinion of the council enter or are likely to enter any public drain.
(2) Within 10 days after service of the notice, the occupier or owner, as the case may be, may apply to a District Court for an order setting aside the notice.
(3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
(4) In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the Court, he commits an offence and is liable to a fine not exceeding $5 for every day during which the failure has continued, and the council, by its officers, or agents, may enter on the land and do that act and recover the cost from him.
(5) The said cost shall be a charge upon the land.
(6) The council may remove, cut down, or grub up, as the case may be, any tree to which subsection (1) applies, or, as the case may be, any specified part of any such tree, after the giving of oral notice by the principal administrative officer or other authorised officer of the council to the occupier, or, where there is no occupier, to the owner, of the land, if life, property, or any road is in imminent danger. The cost of the work shall be a charge against the land as if notice had been given under subsection (1) and had not been set aside by a District Court.
(7) For the purposes of this section the term cut down means cutting down and keeping cut down or removing or controlling by chemical means the stem and roots of any tree so as to prevent its throwing out any leaf, offshoot, or flower.
Part 26 (comprising sections 440 to 469) was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate's Court” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
The words “principal administrative officer” were substituted, as from 19 January 1981, for the words “principal officer” pursuant to section 2(2) Local Government Amendment Act 1980 (1980 No 82).

469 Council may construct protective works to prevent damage by flood

[Repealed]
Section 469 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 27
Regional drainage

[Repealed]

Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

470 This Part to be subject to Resource Management Act 1991

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

471 Interpretation

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

472 Council may undertake regional drainage in constituent district

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

473 Council may undertake drainage in district of local authority

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

474 General powers of council

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

475 Regional drainage map

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

476 Council may treat and deal with sewage

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

477 Construction of drains on or under roads, etc

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

478 Diversions, etc, of drain

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

479 Watercourses

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

480 Council may charge for regional drainage

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

481 Instalments of charges for regional drainage

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

482 Payment of charges

[Repealed]
The words “District Court” were substituted for the words “Magistrate's Court”, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

483 Powers to permit constituent authorities to connect drains

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

484 Connection of drains outside region

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

485 Reticulation work

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

486 Operation of drainage works

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

Offences

[Repealed]

487 Unlawful interference with drains

[Repealed]
Part 27 (comprising sections 470 to 487) was repealed, as from 1 July 1992, by section 46 Local Government Amendment Act 1992 (1992 No 42).

Part 28
Trade wastes

[Repealed]

Part 28, comprising sections 488 to 501, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).

488 This Part to be subject to Resource Management Act 1991 or Health Act 1956

[Repealed]
Section 488 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

489 Interpretation

[Repealed]
Section 489 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

490 Councils may undertake trade wastes disposal

[Repealed]
Section 490 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

491 Powers of local authorities to make trade wastes bylaws

[Repealed]
Section 491 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

492 Making of trade wastes bylaws

[Repealed]
Section 492 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

493 Offences against trade wastes bylaws

[Repealed]
Section 493 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

494 Restrictions on rights of local authority to charge in respect of treatment or reception of trade wastes

[Repealed]
Section 494 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

495 Appeal from assessment of charges

[Repealed]
Section 495 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

496 Hearing and determination of appeal

[Repealed]
Section 496 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

497 Trade wastes bylaws may be relaxed in certain cases

[Repealed]
Section 497 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 498 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

499 Right to discharge trade wastes into sewerage drains

[Repealed]
Section 499 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

500 Agreements as to disposal of trade wastes

[Repealed]
Section 500 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 501 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Powers of local authority as to trade wastes disposal outside district

[Repealed]

The heading “Powers of Local Authority as to Trade Wastes Disposal Outside District” was inserted, as from 19 January 1981, by section 42 Local Government Amendment Act 1980 (1980 No 82).

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

[Repealed]
Section 501A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 501B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 501C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 501D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

501E Discontinuance of trade wastes system outside own district

[Repealed]
Section 501E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 29
Land drainage and rivers clearance

Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

501F Application of Part 29

This Part—
- (a) applies only in respect of—
  - (i) drainage channels or land drainage works under the control of a council:
  - (ii) drainage channels or land drainage works under construction by a council:
  - (iii) drainage channels or land drainage works that a council has agreed to construct; and
- (b) does not apply in respect of drainage channels or land drainage works transferred by a council under Part 29A.
Section 501F was inserted, as from 15 October 1999, by section 7 Local Government Amendment Act (No 5) 1999 (1999 No 125).

502 This Part to be subject to Resource Management Act 1991

Nothing in this Part shall derogate from the provisions of the Resource Management Act 1991.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 502 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

503 Interpretation

In this Part, unless the context otherwise requires,—
council means a territorial authority
district means the district of a territorial authority
drainage area means any area constituted under this Part for land drainage purposes
drainage channel or channel means every passage or channel on or under the ground through which water flows, continuously or otherwise, and which—
- (a) immediately before the commencement of this Part was a drainage channel under the control, as such, of any council; or
- (b) is constructed by the council as a drainage channel after the commencement of this Part; or
- (c) is vested in the council as a drainage channel;—
but does not include a navigable river, a water race as defined in section 422, or a drain as defined in section 441 or section 471
land drainage works means works of any sort for the drainage of land in the district (being works vested in the council or acquired or constructed or operated by or under the control of the council under this Part), including drainage channels for receiving water in its natural flow on or from any hills or other lands, and works diverting or damming the same to prevent its overflow on to any other lands at a lower level, as well as drainage channels for carrying of water from any land.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

Land drainage areas

504 Declarations in relation to drainage areas

(1) A council may, for the purpose of land drainage work, declare—
- (a) all of its district to be a drainage area:
- (b) part of its district to be a drainage area:
- (c) 2 or more contiguous drainage areas to be a drainage area:
- (d) the boundaries of a drainage area to be altered.
(2) A declaration must—
- (a) define the relevant area; and
- (b) assign a name to the drainage area; and
- (c) fix the day on which the declaration takes effect.
(3) A council may make a declaration only if—
- (a) a demand for a poll of electors is taken in accordance with sections 505 and 505A and results in a majority of votes in favour of the declaration; or
- (b) a petition complying with section 505B is presented to the council.
(4) Before making a declaration, a council must—
- (a) prepare a statement of proposal in relation to the declaration that includes—
  - (i) a draft of the declaration; and
  - (ii) a statement of the reasons for proposing to make the declaration; and
  - (iii) an explanation of the procedure—
    - (A) to demand a poll under section 505; and
    - (B) to petition the council under section 505B; and
  - (iv) when and where the council will vote on a motion to make the declaration; and
  - (v) any other information that the council identifies as relevant; and
- (b) make the statement of proposal available in a way appropriate to the subject matter of the proposal; and
- (c) produce a summary of proposal that—
  - (i) is a fair representation of the major matters in the statement of proposal; and
  - (ii) explains how the statement of proposal is available; and
- (d) publicise the summary of proposal in a way appropriate to the subject-matter of the proposal.
(5) The council must not vote on a motion to make the declaration until at least 20 working days after the summary of proposal is first publicised under subsection (4)(d).
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was substituted and subsections (1A) to (1C) were inserted, as from 17 June 1986, by section 9 Local Government Amendment Act 1986 (1986 No 21).
Sections 504 and 505 were substituted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

505 Procedure for demanding poll

(1) For the purposes of section 504(3)(a), a demand for a poll is made if—
- (a) the council resolves that a poll be taken; or
- (b) 15% or more of the electors in the relevant area demand a poll, and a document containing the demands is delivered to the principal office of the council at least 3 working days before the date referred to in section 504(5).
(2) An elector has demanded a poll if he or she—
- (a) signs a document which clearly expresses that he or she demands a poll on whether the council should make the proposed declaration under section 504(1); and
- (b) states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—
  - (i) he or she is an elector; and
  - (ii) the given address is in the relevant area.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was substituted and subsections (1A) to (1C) were inserted, as from 17 June 1986, by section 9 Local Government Amendment Act 1986 (1986 No 21).
Sections 504 and 505 were substituted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

505A Poll on proposed declaration

(1) A council must conduct a poll on the proposed declaration under section 504(1) if a demand is validly made under section 505(1).
(2) The poll must be conducted in accordance with the Local Electoral Act 2001, and the provisions of that Act apply with all necessary modifications.
Sections 505A to 505C were inserted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

505B Petition to make declaration

(1) A petition for a declaration is made under section 504(3)(b) if—
- (a) a majority of the electors in the relevant area petition the local authority to make the proposed declaration under section 504(1); and
- (b) a document containing the petitions is delivered to the principal office of the council at least 1 working day before the date referred to in section 504(5).
(2) An elector has validly petitioned if he or she—
- (a) signs a document which clearly expresses that he or she petitions the council to make the proposed declaration under section 504(1); and
- (b) states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—
  - (i) he or she is an elector; and
  - (ii) the given address is in the relevant area.
Sections 505A to 505C were inserted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

505C Relevant area for polls and petitions

In sections 504 to 505B, relevant area,—
- (a) in the case of a declaration under section 504(1)(a), means the district; and
- (b) in the case of a declaration under section 504(1)(b), means the part of the district that would become the drainage area; and
- (c) in the case of a declaration under section 504(1)(c), means the drainage areas that would become the new drainage area; and
- (d) in the case of a declaration under section 504(1)(d), means—
  - (i) any part of a drainage area that would be excluded from the drainage area as a result of the boundary changes; and
  - (ii) any part of the district that would be included in the drainage area as a result of the boundary changes.
Sections 505A to 505C were inserted, as from 7 July 2004, by section 16 Local Government Act 1974 Amendment Act 2004 (2004 No 64).

506 Subdivision of areas

The council may from time to time divide any drainage area in the district constituted under section 504 or section 505 into subdivisions, and may define the boundaries of any such subdivisions, and assign names thereto.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 506 was amended, as from 7 July 2004, by section 17 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words “, by special order,”.

Control of drainage channels and land drainage works

507 Existing drainage channels may be brought under this Part

The Minister may, upon application by the council in which is vested any drainage channel constructed under the provisions of any special Act, by notice in the Gazette, declare that drainage channel to be subject to the foregoing provisions of this Part, as from a day to be named in the notice.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

508 Repeal of special Act

From and after the day named in the special notice under section 507, the special Act shall be deemed to be repealed as to that drainage channel, saving as to anything done, or any loan raised, or any rate authorised to be levied as security for the loan.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

Powers of councils with respect to land drainage

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

(1) The council may purchase, or make and maintain, or enlarge, and from time to time alter, extend, or repair, any drainage channel or land drainage works constructed under this Part in any drainage area in the district, and for that purpose may—
- (a) contract with the owner of any private land for and acquire from him by deed duly executed the grant in perpetuity to the council of the use, occupation, and enjoyment of that land or any part thereof for the purpose of constructing and maintaining any drainage channel or land drainage works thereon:
- (b) make drainage channels or land drainage works upon, over, or under any land:
- (c) make drainage channels or land drainage works over or under any road or place to which the public have general access, or through any public reserve:
- (d) alter the course or level of any road or public place, and break up and dig into the surface thereof and stop temporarily the traffic thereon:
- (e) make land drainage works across any stream or river but so as not to impede the navigation upon any navigable river, except under the provisions of a special Act:
- (f) alter the course or level of any stream or river, or of any ditch or drainage channel:
- (g) alter any drain, sewer, gas pipe, other pipe, cable, or other apparatus of any kind on or under any road or public place, whether within or outside the district, so far as is necessary for the purpose of constructing and maintaining any drainage channel or land drainage works.
(2) Section 708 shall apply with respect to the laying of drainage channels or land drainage works on private land pursuant to subsection (1).
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

510 Inspection of private dams, etc

Subject to section 238, the council shall have the power to inspect any private dam, weir, or mill race, and to close or open any sluice or flood gate for the purpose of such inspection.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

Removal of obstructions from drainage channels and watercourses

511 Removal of obstructions from drainage channel or watercourse

(1) Where in the opinion of the council the free flow of water in any drainage channel or in any watercourse that is not under the control of any other local authority—
- (a) is impeded by any obstruction, and that obstruction is likely to cause loss of life, injury, or damage to property in the district or to obstruct navigation; or
- (b) is likely to be impeded by any such obstruction,—
the council may, by notice in writing, require the occupier or, if there is no occupier, the owner of the land on the banks of the drainage channel or watercourse within the district to remove the obstruction from the drainage channel or watercourse and from the banks of the drainage channel or watercourse to a distance not exceeding 3 metres from the nearest margin of the drainage channel or watercourse.
(2) Within 10 days after service of the notice, the occupier or owner to whom the notice is given may apply to a District Court for an order setting aside the notice.
(3) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
(4) In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the Court, he commits an offence, and the council, by its officers or agents, may enter on the land and do that act.
(5) Where the council does any work under subsection (4), it may recover the cost from the occupier or owner.
(5A) Notwithstanding that no work has been carried out by the council under subsection (4), the council may recover any cost or expenses incurred by it under this section in respect of any investigations or supervision carried out by the officers or agents of the council.
(6) The said cost and expenses shall be a charge upon the land.
(7) The council may dispose of anything removed under this section in such manner as it thinks fit, and the proceeds of that disposal shall form part of its general revenues.
(8) Where a drainage channel or watercourse or the bed thereof divides 2 districts, the council on either side may exercise the powers under subsection (1) in respect of that half of the river bed adjoining the bank within its district.
(9) In this section,—
- (a) obstruction includes earth, stone, timber, driftwood, and material of all kinds, and trees, plants, weeds, and growths of all kinds:
- (b) the occupier or owner of land adjoining a road shall be deemed to be the occupier or owner of land on the banks of any drainage channel or watercourse running upon the road where the road fronts the land of that occupier or owner, unless the channel or watercourse has been artificially constructed by the council for the purpose only of draining the surface of the road:
- (c) remove, in relation to any obstruction consisting of trees, plants, weeds, or growths, includes, if the council so specifies, burning, poisoning, cutting, or treating, whether with or without the removal of the burnt, poisoned, cut, or treated portions.
(10) Nothing in this section shall be deemed to authorise any council to dispose of any timber floated down from any watercourse under the Timber Floating Act 1954.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125) by substituting the words “District Court” for the words “Magistrate's Court”.
Subsection (5A) was inserted, as from 15 October 1999, by section 8(1) Local Government Amendment Act (No 5) 1999 (1999 No 125).
Subsection (6) was amended, as from 15 October 1999, by section 8(2) Local Government Amendment Act (No 5) 1999 (1999 No 125) by inserting the words “and expenses”.

512 Power to require council to order removal of obstructions

(1) In any case where the council might give any notice under section 511(1) in respect of any land, any resident of the district may, by notice in writing, request the council to do so.
(2) If for the space of 1 month after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to a District Court for an order requiring the council to comply with that notice.
(3) On the hearing of the application, the Court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the Court shall be final.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was amended, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125) by substituting the words “District Court” for the words “Magistrate's Court”.

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

Where under section 511(2) or section 512(2) application is made to a District Court for an order setting aside a notice under subsection (1) of the said section 511 or, as the case may be, an order requiring the council to comply with a notice under subsection (1) of the said section 512, then, notwithstanding anything in the said section 511 or section 512, the Court may, in its discretion,—
- (a) direct that—
  - (i) a portion of the cost of removing the obstruction; and
  - (ii) a portion of the cost and expenses incurred by the council under section 511 or section 512 in respect of any investigations or supervision carried out by the officers or agents of the council,—
  be borne by any person holding any interest in the land or by any local authority whose district or works will be improved by that removal:
- (b) decide when and to whom that cost is to be paid:
- (c) direct who shall do the work and the time within which it is to be completed.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate's Court” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
Paragraph (a) was substituted, as from 15 October 1999, by section 9 Local Government Amendment Act (No 5) 1999 (1999 No 125).

514 Council may make advances to owners

(1) The council may make advances to the owner of any land within the district for the purpose of enabling him to do all things necessary to comply with any requirement of the council under section 511 or to cover in or improve any drainage channel or watercourse on the banks of which that land is situated.
(2) Instead of making any such advance to any owner, the council may, by agreement with the owner, itself do all or any of the things referred to in subsection (1), and all money expended by the council pursuant to that agreement, together with an amount to cover the cost of supervision by the officer or agents of the council, is deemed to be an advance for the purposes of this section.
(3) The council and the owner may agree that the amount of any advance shall be repayable in 1 amount at a fixed time with interest at a rate per annum fixed by the council, or by instalments extending over a number of years with interest not exceeding that rate. The agreement may contain any incidental provisions and may provide for the earlier payment of instalments, or any of them, on terms to be mentioned in the agreement:
Provided that, where the agreement makes no provision as aforesaid for early payment of instalments, the council shall accept payment of the whole of the unpaid instalments at any time when payment is tendered, and for the purpose of any such tender interest shall be paid up to and including the day of tender.
(4) That agreement may, where the money is repayable in 1 amount, contain provisions for securing the repayment thereof, and, where the money is repayable by instalments, each such instalment is a charge on the land:
Provided that the owner for the time being of the premises shall in all cases be deemed the person primarily liable for payment.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (2) was substituted, as from 15 October 1999, by section 10 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Subsection (3) was amended, as from 10 September 1999, by section 6 Local Government Amendment (No 4) Act 1999 (1999 No 108), by omitting the words “pursuant to section 221 of this Act” and substituting the words “by the council”.
Subsection (4) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words “is a charge on the land” for the words “shall for all purposes be deemed to be a rate”. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating, in a financial year that begins on or after 1 July 2003.

515 Removal of obstructions in watercourses outside the district

(1) Where any watercourse under the control of the council extends beyond the limits of the district, and its obstruction is likely to cause loss of life, injury, or damage to property within the district, the council may, by notice in writing, require the occupier, or, where there is no occupier, the owner of any land on the banks of the river, stream, or watercourse for a distance of 1 500 metres beyond the upstream boundary or downstream boundary of the district to remove any earth or stone, and any driftwood, tree, shrub, or bush, or any part thereof, impeding the free flow of water in that watercourse, or to lower or trim any part of a tree, shrub, or bush overhanging that watercourse and likely to fall therein, within the space of the aforesaid 1 500 metres.
(2) Subsections (2) to (7) and (9)(b) of section 511 shall apply with respect to every notice under this section as if it were a notice given under subsection (1) of the said section 511.
(3) In this section the terms obstruction and remove have the same meanings as in section 511(9).
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

General provisions

Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

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

Schedule 14 shall apply with respect to any drainage channels and land drainage works on roads and other public works not under the control of the council.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

517 Bylaws for protection of land drainage works

Without limiting the powers of the council to make bylaws conferred by section 684, the council may from time to time make bylaws—
- (a) to regulate the use of any constructed drainage channel under the control of the council:
- (b) to determine the conditions on which other constructed public or private drainage channels may be connected or continue to be connected with any constructed drainage channel under the control of the council, including in those conditions the payment to the council of any annual or other charges:
- (c) to compel owners of land on or adjoining which there are any watercourses or drainage channels to construct, maintain, and renew crossings thereover at places and in manner approved by the council:
- (d) to regulate the construction and maintenance of crossings over watercourses and drainage channels:
- (e) to provide that in the case of specified watercourses or drainage channels, or parts thereof, the crossings shall be bridges or culverts constructed at places and in manner approved by the council:
- (f) to prohibit the passing over any watercourse or drainage channel except at appointed crossings:
- (g) prohibiting interference without the consent of the council with dams, reservoirs, headworks, and buildings connected with drainage channels:
- (h) to prohibit the widening and deepening of drainage channels, or the alteration of the course thereof, without the consent of the council:
- (i) prohibiting or regulating the planting of any trees, hedges, or other plants or the erection of any structures on or within a specified distance from the banks of any watercourse or drainage channel where they will obstruct or be likely to obstruct the free passage along the banks of the watercourse or channel of machinery or apparatus used for the purpose of improving, maintaining, or cleaning watercourses or channels, and requiring owners and occupiers of land on which any trees, hedges, or other plants are planted or structures are erected in breach of the bylaws to remove them:
- (j) regulating the erection of any structures or fences within a specified distance of any watercourse or drainage channel or in any place where they will obstruct or be likely to obstruct the free flow of flood waters in any existing flood channel:
- (k) authorising the council to require the removal, burning, poisoning, cutting, or treating (whether with or without the removal of the burnt, poisoned, cut, or treated portions) of trees, plants, weeds, or growths that obstruct or will be likely to obstruct the free flow of water in any watercourse or drainage channel or the free flow of flood waters in any existing flood channel:
- (l) to prohibit or regulate the pumping or releasing of water into any watercourse or drainage channel:
- (m) generally, to prevent trespasses, nuisances, and obstructions to drainage channels, and to make all such provision as to the council may seem necessary or expedient for the protection and proper management of drainage channels.
Part 29 (comprising sections 502 to 517) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

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

Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

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

Nothing in this Part derogates from the provisions of the Resource Management Act 1991 or the Soil Conservation and Rivers Control Act 1941.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517B Interpretation

In this Part, unless the context otherwise requires,—
drainage area means any area constituted under Part 29 for land drainage purposes
drainage channel and channel have the meanings given to those terms by section 503
land drainage scheme means all drainage channels or land drainage works relating to a particular land drainage system vested in a council or acquired or constructed or operated by or under the control of a council under Part 29
land drainage works has the meaning assigned to that term by section 503
occupier, in relation to any land, means the owner of the land, except where a person other than the owner has a right to occupy the land by virtue of a tenancy granted for a term of not less than 12 months certain, in which case the term occupier means that person; and includes any person having a right to occupy the land by virtue of a lease, licence, or other authority for a term of not less than 12 months certain
scheme asset means any real or personal property of any kind of the local authority that is held or used (whether solely or partially) for the purposes of, or in relation to any land drainage scheme or water-race scheme proposed to be transferred under this Part, whether or not subject to rights, and, without limiting the generality of the foregoing provisions of this definition, includes—
- (a) any estate or interest in any land, including all rights of occupation of land or buildings:
- (b) all buildings, vehicles, plant, equipment, and machinery, and any rights therein:
- (c) all financial reserves, and any rights therein:
- (d) all securities within the meaning of the Securities Act 1978:
- (e) all rights of any kind, including rights under Acts, deeds, agreements, or licences, and any kind of consent granted under the Resource Management Act 1991, and all applications for and objections against applications for such rights:
- (f) annual revenue (or any proportion thereof) received by a local authority from land vested in the local authority in trust or as an endowment for the purpose of or in relation to the land drainage scheme or water-race scheme; but does not include any interest in any such land
scheme liabilities means any liabilities of the local authority that were incurred (whether solely or partially) for the purposes of any land drainage scheme or water-race scheme proposed to be transferred under this Part and, without limiting the generality of the foregoing provisions of this definition, includes—
- (a) liabilities and obligations under any Act or agreement; and
- (b) deposits and other debt securities within the meaning of the Securities Act 1978; and
- (c) contingent liabilities
scheme owner means, in relation to a land drainage scheme or water-race scheme transferred under this Part, any person or group of persons who control that scheme after its transfer
scheme user, in relation to any land drainage scheme or water-race scheme proposed to be transferred, means the occupier, whether solely or jointly with others, of any land served by the land drainage scheme or water-race scheme; and includes the operator of any other drainage system or water supply system that utilises that land drainage scheme or water-race scheme
water race has the meaning given to that term by section 422(1)
water-race area means a water-race area constituted under Part 25
water-race scheme means all water races relating to a particular water-race system and constructed or established, or deemed to be constructed by a council, under Part 25.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517C Purposes of this Part

The purposes of this Part are—
- (a) to enable any land drainage scheme or water-race scheme to be transferred to the ownership and responsibility of the ratepayers served by the scheme where that is the wish of those ratepayers; and
- (b) to ensure that the manner in which any such scheme is transferred protects—
  - (i) the interests of all ratepayers served by the scheme; and
  - (ii) the public interest in the effective operation of this Act and other Acts by local authorities.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517D Obligation of local authority to facilitate purposes

(1) Where any local authority that has control of a land drainage scheme or water-race scheme has reasonable grounds to believe that a significant proportion of scheme users may seek the transfer of that scheme under this Part, the local authority must, in relation to that scheme, take all reasonable steps to facilitate the operation of the provisions of this Part.
(2) Reasonable steps under subsection (1) may include the provision of reasonable assistance to any person appearing to represent or have the confidence of the scheme users in the development of a transfer proposal.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

Transfer petitions and transfer proposals

517E Initiation of transfer

Subject to section 517F, any person who is a scheme user of a land drainage scheme or water-race scheme may file, at the principal office of the local authority that has control of the scheme,—
- (a) a petition requesting the transfer of the land drainage scheme or water-race scheme to the scheme users; and
- (b) a transfer proposal.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

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

(1) No transfer petition or transfer proposal filed under section 517E is of any effect if—
- (a) the number of valid signatures to the transfer petition, is not greater than 50% of the number of separately rateable properties served by the land drainage scheme or water-race scheme; or
- (b) the transfer proposal is the same or substantially similar to any proposal that has been filed with the local authority within the period of 36 months ending with the date on which the transfer petition is filed with the local authority.
(2) Where any transfer petition or transfer proposal is of no effect under subsection (1), the local authority must notify the proposer or the proposer's representative accordingly.
(3) Subject to subsection (1), where the local authority ascertains that a transfer proposal filed under section 517E does not deal adequately with the matters set out in section 517I, the local authority must return that transfer proposal to the proposer together with a written statement indicating the matters that, in the local authority's opinion, have not been adequately dealt with in the proposal.
(4) The return of the transfer proposal to the proposer under subsection (3) does not in any way preclude the proposer from once again filing a transfer petition under section 517E and subsection (1)(b) has effect, in relation the transfer proposal that accompanies any such transfer petition, as if the transfer proposal returned under subsection (3) had never been filed.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517G Signatures to transfer petition

(1) Subject to this section, every scheme user is entitled to sign the transfer petition filed under section 517E.
(2) Where there is more than 1 scheme user in respect of any property served by the land drainage scheme or water-race scheme proposed to be transferred, every such scheme user is entitled to sign a petition requesting the transfer of the land drainage scheme or water-race scheme; but not more than 1 signature in respect of any such property may be counted for the purpose of assessing the number of valid signatures to the petition.
(3) For the purposes of this section, and section 517F, land held in more than 1 title but occupied by the same person or persons and used as a single property is deemed to be 1 property.
(4) No person may sign any transfer petition more than once.
(5) Every scheme user who signs a petition filed under section 517E must state against the scheme user's signature—
- (a) the scheme user's name; and
- (b) the address of the property in respect of which the scheme user is entitled by virtue of subsection (1) to sign the petition.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517H Proposer

Every transfer proposal filed under section 517E must clearly state—
- (a) the name of the proposer; and
- (b) an address at which the proposer or a representative of the proposer can be contacted; and
- (c) where a representative of the proposer is the person to be contacted, the name of that representative; and
- (d) the grounds on which the proposer claims to be entitled to make the proposal.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517I Contents of transfer proposal

The transfer proposal must—
- (a) identify the land drainage scheme or water-race scheme proposed to be transferred, which identification must be accompanied by a plan or other description sufficient to identify the land drainage scheme or water-race scheme; and
- (b) identify (by reference to the land or property which is served by the scheme and which is occupied by each scheme user) the scheme users to whom the scheme is to be transferred; and
- (c) state whether it is the intention of the scheme users to whom the scheme is to be transferred—
  - (i) to have the scheme transferred to themselves as tenants in common; or
  - (ii) to have the scheme transferred, by their direction, to a body corporate comprised of those scheme users or acting on their behalf; or
  - (iii) to have the scheme transferred, by their direction, to persons appointed by them to hold the scheme in trust on their behalf; and
- (d) identify the scheme assets and scheme liabilities; and
- (e) identify the scheme assets and scheme liabilities proposed to be transferred with the scheme; and
- (f) identify such of the assets identified in paragraph (e) as are, upon transfer of the scheme, to be purchased from the local authority (because they are not held or used by the local authority solely for the purposes of, or in relation to, the scheme to be transferred); and
- (g) identify the price proposed to be paid or the method for determining the price that should be paid for the scheme assets identified in paragraph (f); and
- (h) propose a procedure for the transfer of such of the scheme assets and scheme liabilities as are proposed to be transferred with the scheme and a timetable for their transfer; and
- (i) identify any rights conferred by designations under operative district plans applying to any land relating to the scheme; and
- (j) identify any rules or proposed rules in any regional plan or proposed regional plan relating to the scheme; and
- (k) identify any resource consents relating to the scheme, including any water permits or discharge permits that have become resource consents under section 386 of the Resource Management Act 1991; and
- (l) identify any leases, easements, permits, or rights of any kind in respect of any scheme assets or scheme liabilities.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517J Service of transfer proposal

The proposer of a transfer proposal filed under section 517E, or the proposer's representative, must, as soon as practicable after filing the transfer petition and the transfer proposal under that section, serve a copy of the transfer proposal on—
- (a) every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
- (b) every other scheme user in relation to the scheme to which the transfer proposal relates; and
- (c) every local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (other than the local authority that has control of that scheme).
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517K Right to object to transfer proposal

Where a transfer proposal is filed under section 517E in relation to any land drainage scheme or water-race scheme,—
- (a) any scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
- (b) any other scheme user in relation to the scheme to which the transfer proposal relates; and
- (c) any local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (including the local authority that has control of that scheme)—
may, in accordance with this Part, object to the transfer proposal.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517L Notice of right to object

Subject to section 517F(3), every local authority that receives a transfer petition and transfer proposal under section 517E must, as soon as practicable after such receipt, forward—
- (a) to every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
- (b) to every other scheme user in relation to the scheme to which the transfer proposal relates; and
- (c) to every local authority entitled under section 517K(c) to object to the transfer proposal,—
a notice complying with section 517M.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517M Contents of notice of right to object

Every notice given under section 517L must—
- (a) give notice of the local authority's receipt of the transfer petition and transfer proposal under section 517E; and
- (b) give notice of the obligations of the proposer under section 517J, and of the address at which the proposer or a representative of the proposer can be contacted; and
- (c) invite any person (being a person entitled under section 517K to object to the transfer proposal) who wishes to object to the transfer proposal to lodge written objections to the proposed transfer of the land drainage scheme or water-race scheme identified in the notice or the transfer proposal prepared in respect of any such scheme, at the principal office of the local authority that has control of that land drainage scheme or water-race scheme, on or before a date specified in the notice, which date must be no earlier than 6 weeks after the date of that notice; and
- (d) advise that, where objections are received from—
  - (i) a local authority entitled under section 517K(c) to object to the transfer proposal; or
  - (ii) the operator of any other drainage system or water supply system that utilises the scheme; or
  - (iii) scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme,—
  all the objections received by the local authority will be forwarded to the Commission for determination in accordance with section 517T:
- (e) advise that, where a local authority receives an objection under paragraph (d)(i) or paragraph (d)(ii), any objections received by the local authority under paragraph (d)(iii) will also be forwarded to the Commission, notwithstanding that those objections are from scheme users who are occupiers of less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517N Lodging of objections

Every objection under section 517K—
- (a) must be made in writing; and
- (b) must, within the time stipulated in the notice issued under section 517M, be lodged with the principal administrative officer of the local authority; and
- (c) must state the basis on which the person making the objection is entitled to do so under section 517K; and
- (d) must, where the person making the objection is a scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates,—
  - (i) describe that drainage system or water supply system; and
  - (ii) state, against the scheme user's signature, the scheme user's name; and
- (e) must, where the person making the objection is a scheme user (other than a scheme user to whom paragraph (d) applies), state against the scheme user's signature—
  - (i) the scheme user's name; and
  - (ii) the address of the property in respect of which the scheme user is entitled to lodge the objection; and
- (f) must specify the grounds on which the objection is lodged, which grounds must be stated with sufficient particularity as to give full advice to both the Local Government Commission and other parties of the issues involved.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517O Service of copies of objections

Every person who lodges an objection under section 517K must, either before or immediately after the lodging of the objection, serve a copy of the objection either personally or by post on the proposer of the transfer or the proposer's representative.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517P Notification by local authority of receipt of objections

Within 7 days after the closing date for the lodging of written objections under section 517K, the local authority—
- (a) must ascertain whether it has received any written objections from—
  - (i) any local authority entitled under section 517K(c) to object to the transfer proposal; or
  - (ii) the operator of any other drainage system or water supply system that utilises the scheme; or
  - (iii) scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme; and
- (b) must advise the proposer and all other scheme users and every local authority within whose district the scheme is wholly or partly situated or which is otherwise likely to be affected by the proposed transfer, whether or not, as a result of its finding under paragraph (a), the local authority is required by section 517S to forward to the Commission the transfer proposal and every objection received by the local authority.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

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

Where the local authority finds, under section 517P, that it is not required by section 517S to forward to the Commission the transfer proposal and every objection received by the local authority, the transfer proposal becomes, as from the date of the local authority's finding under section 517P(a), a transfer plan and the local authority must, as soon as practicable, give effect to that transfer plan.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517R Obligation of local authority to effect transfer

Where a transfer proposal becomes a transfer plan under section 517Q, the local authority in whom the land drainage scheme or water-race scheme is vested, must transfer the land drainage scheme or water-race scheme—
- (a) to the scheme users of the land drainage scheme or water-race scheme as tenants in common; or
- (b) by direction of the scheme users of the land drainage scheme or water-race scheme,—
  - (i) to any body corporate comprised of or acting on behalf of all the scheme users; or
  - (ii) where the scheme users of the land drainage scheme or water-race scheme have appointed any persons to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517S Procedure on receipt of objections

(1) The local authority must, as soon as is practicable upon receipt by it of—
- (a) an objection from a local authority entitled under section 517K(c) to object to the transfer proposal; or
- (b) an objection from any scheme user who is the operator of a drainage system or water supply system that utilises the scheme; or
- (c) objections from scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme,—
forward to the Commission the copies and information specified in subsection (2).
(2) The copies and information required by subsection (1) to be forwarded to the Commission comprise—
- (a) a copy of the transfer proposal; and
- (b) a copy of every objection received by the local authority under section 517K; and
- (c) such information concerning the characteristics of the land drainage scheme or water-race scheme proposed to be transferred as is necessary for the purposes of section 517T.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517T Duty of Commission to consider objections

(1) Where the copy of the transfer proposal and the copies of the other documents are forwarded to the Commission under section 517S, the Commission—
- (a) must ensure that the proposer or a representative of the proposer, and any person who has lodged a written objection under section 517K, and any other person or group of persons the Commission thinks fit, is given a reasonable opportunity to be heard by the Commission; and
- (b) must consider, having regard to the criteria set out in section 517U and such other matters as the Commission considers on reasonable grounds to be relevant,—
  - (i) the transfer proposal; and
  - (ii) each objection received; and
  - (iii) all other relevant information presented to or obtained by the Commission.
(2) Where all objections to a transfer proposal have been considered and any further investigations or inquiries or negotiations considered by the Commission to be necessary or desirable have been made or carried out, the Commission must determine whether the transfer of the scheme is to proceed or not.
(3) Where the Commission determines under subsection (2) that the proposed transfer is to proceed, the Commission may approve the transfer proposal with such modifications, if any, as the Commission thinks fit, being modifications which result from the objections made in relation to the transfer proposal or from any investigations, inquiries, or negotiations made or carried out in relation to that transfer proposal.
(4) The determination of the Commission under subsections (2) and (3) is final.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517U Relevant criteria

Where the Commission considers any transfer proposal under section 517T, the relevant criteria, in relation to any such consideration, are—
- (a) the purposes of local government as set out in section 37K; and
- (b) the purposes of this Part as set out in section 517C; and
- (c) the extent to which the transfer of the scheme would impact upon, or be prejudicial to, the operation of any other drainage system or water supply system that utilises the scheme; and
- (d) the extent to which the transfer of the scheme would be oppressive, unfairly discriminatory, or unfairly prejudicial to any scheme user or particular scheme users; and
- (e) the extent to which the transfer of the scheme would impact upon the functions, powers, and duties of any local authority under the Local Government Act 1974, the Resource Management Act 1991, the Soil Conservation and Rivers Control Act 1941, or any other Act.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517V Notice of Commission's determination

(1) Where the Commission makes a determination under section 517T, the Commission must as soon as practicable after making that determination,—
- (a) forward a copy of that determination, together with a statement explaining the Commission's reasons for the determination to the local authority concerned and to the proposer or the proposer's representative; and
- (b) give notice of the determination and explanatory statement to all scheme users and local authorities affected by the proposed transfer; and
- (c) make a copy of the determination and a copy of the explanatory statement available for public inspection at the office of the Commission.
(2) The local authority concerned must make a copy of the determination and a copy of the explanatory statement available for public inspection at its office.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517W Modification of support for transfer proposal

(1) This section applies to any transfer proposal approved with modifications by the Commission under section 517T(3).
(2) Where a local authority receives under section 517V(1) a copy of a determination by which a transfer proposal is approved with modifications by the Commission, the local authority must forward to every scheme user a notice which—
- (a) gives notice that the Local Government Commission has modified the transfer proposal; and
- (b) states the Commission's obligations under paragraphs (b) and (c) of section 517V(1) and the local authority's obligations under section 517V(2); and
- (c) states that any scheme user who signed the transfer petition under section 517G in respect of the transfer proposal may, by written application received by the local authority before a date specified in the notice, being a date not less than 4 weeks nor more than 6 weeks after the date of the notice, have the scheme user's signature deleted from the petition; and
- (d) states that any scheme user who was entitled under section 517G to sign the transfer petition in respect of the transfer proposal but did not sign that petition may, by written application received by the local authority before the date specified under paragraph (c), have the scheme user's support for the petition recorded; and
- (e) states the local authority's obligations under subsection (3).
(3) Within 7 days after the date specified under subsection (2)(c), the local authority must determine whether—
- (a) after deleting any signature that is the subject of an application under subsection (2)(c); and
- (b) after, counting, as if it were a signature to the petition, any support for the petition recorded in accordance with an application under subsection (2)(d),—
the number of valid signatures on the transfer petition is equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water-race scheme.
(4) Where the local authority determines under subsection (3) that the number of valid signatures on the transfer petition is not equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water-race scheme, the local authority must notify every scheme user that the number of valid signatures on the transfer petition is insufficient and that the transfer proposal is not to proceed.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

Transfer plan

517X Procedure after determination

(1) Where the Commission determines under section 517T(2) that the transfer of the land drainage scheme or water-race scheme is to proceed (and does not exercise its power, under section 517T(3) to approve the transfer proposal with modifications), the transfer proposal becomes, as from the date of the Commission's determination, a transfer plan and the local authority must, as soon as practicable, give effect to that transfer plan.
(2) Where, in relation to a transfer proposal to which section 517W applies, the local authority determines, under section 517W(3), that the number of valid signatures on the transfer petition is equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water-race scheme, the modified transfer proposal becomes, as from the date of the local authority's determination, a transfer plan and the local authority must, as soon as practicable, give effect to the transfer plan.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517Y Obligation of local authority to effect transfer

Where a transfer proposal becomes a transfer plan under section 517X, the local authority in whom the land drainage scheme or water-race scheme is vested, must transfer the land drainage scheme or water-race scheme—
- (a) to the scheme users of the land drainage scheme or water-race scheme as tenants in common; or
- (b) by direction of the scheme users of the land drainage scheme or water-race scheme,—
  - (i) to any body corporate comprised of or acting on behalf of the scheme users; or
  - (ii) where the scheme users of the land drainage scheme or water-race scheme have appointed any person to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

Implementation of transfer plan

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

(1) Notwithstanding any Act, rule of law, or agreement, where a transfer proposal becomes a transfer plan under section 517Q or section 517X and that plan is to be given effect to by the transfer of a land drainage scheme or water-race scheme, the local authority must on the transfer day—
- (a) transfer to the person or group of persons to whom the scheme is transferred, the scheme assets and scheme liabilities; and
- (b) vest in the person or group of persons to whom the scheme is transferred any rights conferred by designations under district plans applying to any land transferred pursuant to this Part; and
- (c) grant to the person or group of persons to whom the scheme is transferred leases, easements, permits, consents, or rights of any kind in respect of any scheme assets or scheme liabilities as provided for by the transfer proposal, the amended transfer proposal, or the Commission's determination, as the case may be.
(2) Where a local authority continues, on behalf of scheme users, to collect revenue from land vested in the local authority in trust or as an endowment for the purposes of or in relation to a land drainage scheme or water-race scheme transferred under this Part, the local authority is entitled to deduct from such revenue all reasonable costs and expenses incurred in the collection of such revenue.
(3) Where any designation is, under subsection (1)(b) vested in a person or group of persons, that person or group of persons may, within the period of 2 years beginning on the transfer day, apply under section 167 of the Resource Management Act 1991 for approval as a requiring authority and is, until that application is disposed of or until that period of 2 years expires, whichever is the sooner, deemed to be a requiring authority within the meaning of that Act.
(4) Scheme assets that are fixed to, or are under or over, any land may be transferred under this Part, whether or not any interest in the land is also transferred. Where any such asset is so transferred, the asset and the land are to be regarded as separate assets each capable of separate ownership.
(5) Any scheme asset or scheme liability may be transferred under this Part, whether or not any Act or agreement relating to the asset or liability permits such transfer or requires any consent to such a transfer.
(6) Where a transfer takes place pursuant to this section and the transfer is registrable, the person responsible for keeping the register must register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for that purpose by the local authority.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

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

(1) Nothing in this Part—
- (a) is to be regarded as placing the local authority, the scheme owner, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
- (b) is to be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or
- (c) is to be regarded as placing the local authority, the scheme owner, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or
- (d) releases any surety wholly or in part from all or any obligation; or
- (e) invalidates or discharges any contract or security.
(2) Where a scheme asset or scheme liability is transferred to the scheme owner under section 517Z, the local authority remains liable to any third party as if the asset or liability had not been so transferred and in any such case the scheme owner must indemnify the local authority in respect of any liability arising under this situation.
(3) Where—
- (a) any scheme assets held or used by a local authority are held or used for the purposes of, or in relation to, any other land drainage scheme or water-race scheme vested in the local authority; or
- (b) any scheme liabilities are incurred by a local authority for the purposes of any other land drainage scheme or water-race scheme vested in the local authority,—
the scheme owner must indemnify the local authority for that proportion of the liability which represents the share of the land drainage scheme or water-race scheme in any such scheme asset or scheme liability.
(4) Any satisfaction or performance by the scheme owners in respect of the asset or liability is deemed to be also satisfaction or performance by the local authority.
(5) Any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the scheme owner is deemed to be also to the benefit of the local authority.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

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

(1) Where in any year a land drainage scheme or water-race scheme is transferred under this Part before a local authority prescribes any charge or sets any rate for that year in respect of the scheme, any expenditure incurred by the local authority in respect of the scheme for the period beginning on 1 July in that year and ending with the transfer date of the scheme is recoverable by the local authority upon the transfer of the scheme, as a debt owing to the local authority by the scheme owner.
(2) If in any year a land drainage scheme or water-race scheme is transferred under this Part, after any charge or rate in respect of the scheme has been prescribed or set for that year, the local authority may assess and collect the charge or rate, but the proportion of the charge or rate that was assessed for the purpose of the scheme and that was not expended by the local authority before the transfer of the scheme must be paid by the local authority to the scheme owner upon the transfer of the scheme.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Subsection (1) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the word “sets” for the word “makes”. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating, in a financial year that begins on or after 1 July 2003.
Subsection (2) was substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating, in a financial year that begins on or after 1 July 2003.

517ZC Rights of entry

(1) Subject to subsections (2) to (6), any scheme owner may enter upon land (including land owned by the Crown) for the purpose of gaining access to any land drainage scheme or water-race scheme owned by the scheme owner and may perform any act or operation necessary for the purpose of operating, inspecting, maintaining, or repairing any such scheme.
(2) Subject to subsection (3), the power to enter upon land given by subsection (1) is subject to the following conditions:
- (a) entry to the land may only be made by the scheme owner or any other person authorised by the scheme owner in writing, either specifically or as a member of a class so authorised by the scheme owner:
- (b) reasonable notice of the intention to enter must be given:
- (c) entry may be made only at reasonable times:
- (d) the person entering must carry evidence of his or her authority and must produce such evidence on initial entry or if required to do so.
(3) Nothing in subsection (2) applies where the entry is necessary in circumstances of probable danger to life or property.
(4) In any situation to which subsection (3) applies, notice of the entry must be given as soon as is practicable, whether before or after the entry is made.
(5) A person who enters upon any land in the exercise of the power given by subsection (1) must take all reasonable steps—
- (a) to avoid or minimise the disturbance of any stock or poultry on the land; and
- (b) to avoid or minimise any damage to or destruction of any fences, buildings, trees, or other property of any kind, other than property belonging to the scheme owner.
(6) The scheme owner is liable to repair, or pay compensation for, any damage or loss suffered by any person as a result of any exercise of the power of entry given by subsection (1).
Compare: 1987 No 116 s 12(1), (3); 1988 No 164 s 14(1)
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517ZD Registration of rights

(1) As soon as is reasonably practicable after the transfer of a land drainage scheme or water-race scheme under this Part, the principal administrative officer of the local authority must furnish to the scheme owner a certificate that the rights of entry upon land referred to in section 517ZC(1) apply to land specified in the certificate.
(2) The scheme owner must, upon receipt of the certificate, lodge it, together with such plans, if any, as the Registrar-General of Land requires, in the Land Registry Office for the district in which the land is situated.
(3) The Registrar-General of Land upon receipt of the certificate referred to in subsection (1) must,—
- (a) if the land affected or any part of it is not subject to the Land Transfer Act 1952, cause an entry of the particulars of the certificate to be made under the proper heading or title in the index book of the Deeds Register Office; or
- (b) if the land affected or any part of it is subject to the Land Transfer Act 1952, register the particulars of the certificate against the title to the land or part so subject.
(4) If the land affected by the certificate to which this section applies or any part of it is not subject to the Land Transfer Act 1952, and dealings with the land or part not so subject are not registrable under the Deeds Registration Act 1908, the person in whose favour the right exists must lodge a true copy of the certificate and memorandum in the office of the Chief Surveyor; and the Chief Surveyor must note the existence of the certificate on plans and records of the land district.
(5) No action lies against the Crown or any other person under Part 11 of the Land Transfer Act 1952 by reason of any certificate registered under this section not indicating the true position or course of those parts of the land drainage scheme or water-race scheme to which the right relates.
(6) Notwithstanding any enactment or rule of law to the contrary, any certificate registered under this section is deemed to be binding on any registered proprietor of an estate in fee simple or leasehold of, or on any registered licensee of, and on every person with a prior or subsequent interest registered against, the land or any interest in the land affected by the certificate.
(7) Without limiting the provisions of this section, any right referred to in any certificate registered by the Registrar-General of Land under this section may be transferred, by a memorandum of transfer to be registered under the Land Transfer Act 1952, to any person or group of persons to whom any land drainage scheme or water-race scheme has been transferred.
(8) On and after the commencement of this section, nothing in—
- (a) Part 5 of the Public Works Act 1981; or
- (b) section 708; or
- (c) section 29 of the Land Drainage Act 1908; or
- (d) section 10 of the Rangitaiki Land Drainage Act 1956,—
applies to, or in respect of, any right to which subsection (1) applies.
(9) Nothing in this section prejudices or affects any claim for compensation made before the commencement of this section under any of the Acts specified in subsection (8).
Compare: 1990 No 52 s 4(6)(c), (7), (10)–(13)
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517ZE Transfer of existing easements, etc

(1) Where a land drainage scheme or water-race scheme is transferred by a local authority under this Part, the benefit of any existing easement, agreement, or right over or in respect of land relating to land drainage works, drainage channels, water races, or other facilities, for the purposes of the scheme, is deemed to be transferred to the person or group of persons to whom the scheme is transferred, notwithstanding that the easement, agreement, or right may not have been registered.
(2) In respect of any land to which subsection (1) applies, the local authority must, at the request of the scheme owner, by notice registered in accordance with this section against the title of the land, indicate the existence of the relevant easement, agreement, or right and the fact that it has been transferred to the scheme owner pursuant to subsection (1).
(3) Every such notice must—
- (a) be signed by the local authority; and
- (b) specify the parcel of land affected; and
- (c) have endorsed on the notice, or refer to, a diagram or plan showing the position or course of the land drainage works, drainage channels, water race, or other facility to which the easement, agreement, or right relates; and
- (d) be lodged by the local authority in the Land Registry Office for the district in which the land affected is situated and registered by the Registrar-General of Land against the title to that land.
(4) Notwithstanding anything in subsection (3)(c), where it is not practicable to show on the diagram or plan the true position or course of the land drainage works, drainage channels, water race, or other facilities to which the easement, agreement, or right relates, the notice registered in accordance with this section must indicate the position or course as nearly as possible, and, until the contrary is proved, the position or course so indicated is deemed to be the true position or course.
(5) Where any such notice has endorsed on it or refers to a diagram or plan to which subsection (4) applies and it is subsequently shown by a plan deposited by the Registrar-General of Land that the true position or course of the land drainage works, drainage channels, water race, or other facility differs from the position or course shown on the first-mentioned diagram or plan, the Registrar-General of Land must endorse on the notice and on any other appropriate titles, plans, or records a reference to the deposited plan; and the notice is thereupon deemed to have referred to the deposited plan from the date on which it was signed.
(6) No action lies against the Crown under Part 11 of the Land Transfer Act 1952 by reason of any notice registered under this section not indicating the true position or course of any land drainage works, drainage channel, or water race.
(7) Notwithstanding any enactment or rule of law to the contrary, any notice registered under this section is deemed to be binding on any registered proprietor of an estate in fee simple or leasehold of, or on any registered licensee of, and on every person with a prior or subsequent interest registered against, the land or any interest in the land affected by the notice.
(8) Any easement, agreement, or right referred to in any notice registered under this section may be transferred, by a memorandum of transfer registered under the Land Transfer Act 1952, to any person or group of persons to whom any land drainage scheme or water-race scheme is subsequently sold or otherwise disposed of.
Compare: 1990 No 52 s 5
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517ZF Transfer of water permits

(1) Where a land drainage scheme or water-race scheme is transferred by a local authority under this Part, any existing permit held by the local authority to dam any river or stream or to divert, take, use, or discharge water for the purposes of the scheme is deemed to be transferred to the person to whom, or the group of persons to which, the scheme is transferred.
(2) Every permit so transferred continues to be subject to the same terms and conditions as those to which it was subject immediately before the date of transfer.
(3) Every permit to which this section applies is subject to the provisions of any other enactment relating to it.
Compare: 1990 No 52 s 7; 1991 No 69 s 362
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517ZG Transfer of land

(1) Nothing in sections 40 to 42 of the Public Works Act 1981 applies to the transfer by the local authority of any land or interest in land under this Part so long as the land or interest in land continues to be used for the purposes of a land drainage scheme or water-race scheme, but, if all or any part of the land or interest in land is no longer required for such purposes, sections 40 and 41 of that Act apply to the land or interest no longer so required as if the owner of the land or interest were the local authority and the land or interest had not been transferred under this Part.
(2) The Registrar-General of Land must endorse on every certificate of title transferred to any person or group of persons under this Part, the effect of subsection (1).
Compare: 1990 No 52 ss 9(4), 10(2)
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

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

Section 11 and Part 10 of the Resource Management Act 1991 and Part 21 of this Act do not apply to or in respect of the transfer of any land or interest in land under this Part of this Act nor to any subdivision required in respect of any such transfer.
Compare: 1990 No 52 s 12; 1991 No 69 s 362
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

517ZI Activity permitted as of right

For the purposes of section 375(1)(a)(iii) of the Resource Management Act 1991 and for the avoidance of doubt, where any land drainage scheme or water-race scheme is transferred under this Part, any use for drainage purposes or water-race purposes of the land upon which the land drainage scheme or water-race scheme is situated is deemed to be a permitted activity within the meaning of that Act, and section 375 of that Act applies accordingly.
Compare: 1990 No 52 s 13; 1991 No 69 s 362
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

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

(1) On the transfer of any land drainage scheme or water-race scheme under this Part,—
- (a) that part of every resolution in force in relation to that scheme and made under section 423 or section 504 or section 505, or the corresponding provision of any former enactment relating to land drainage or water races, is deemed to be revoked; and
- (b) that part of every drainage district (being a drainage district that is deemed to be a drainage area constituted under Part 29) that relates to the scheme is deemed to be excluded from that drainage area; and
- (c) that part of every water-race district (being a water-race district that is deemed to be a water-race area constituted under Part 25) that relates to that scheme is deemed to be excluded from that water-race area; and
- (d) that part of every irrigation district (being an irrigation district that is deemed to be a water-race area constituted under Part 25) that relates to that scheme is deemed to be excluded from that water-race area.
(2) A local authority must alter the boundaries of any drainage area or water-race area to such extent as is necessary to reflect any revocation effected, or exclusion deemed to have been effected, by subsection (1).
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
The heading to section 517ZJ was amended, as from 7 July 2004, by section 18(1) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the word “resolutions” for the words “special orders”.
Subsection (1)(a) was amended, as from 7 July 2004, by section 18(2) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the word “resolution” for the words “special order”.
Subsection (2) was amended, as from 7 July 2004, by section 18(3) Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words “by special order”.

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

Subject to Part 16A, a local authority may enter into a contract with the scheme owner of any land drainage scheme or water-race scheme to undertake all or any of the following, namely, the planning, implementation, operation, and maintenance of that land drainage scheme or water-race scheme.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

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

If a land drainage scheme or water-race scheme is not repaired or maintained in a due state of efficiency, the owners or occupiers for the time being of the land through, on, or between which the land drainage scheme or water-race scheme is situated may, after giving 7 clear days notice to the scheme owner of their intention to do so, repair or otherwise maintain the same in a due state of efficiency, and recover in a summary manner from the scheme owner a fair and equitable proportion of the expenses incurred by them in so doing.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).

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

(1) A territorial authority may, upon receipt of a petition signed by the occupiers of a majority of the separately rateable properties served by a land drainage scheme or water-race scheme, and with the agreement of the scheme owner, declare the whole or any defined part of the district in which the land drainage scheme or water-race scheme is situated to be constituted—
- (a) a drainage area for the purpose of land drainage works for the drainage of land in the area; or
- (b) a water-race area for the purpose of the construction and maintenance therein of water races and the supply of water therefrom.
(2) Part 29 applies to any drainage area constituted under subsection (1).
(3) Part 25 applies to any water-race area constituted under subsection (1).
(4) Upon a drainage area or water-race area being constituted under subsection (1),—
- (a) the drainage channels and land drainage works relating to the land drainage scheme vest in the territorial authority; and
- (b) the water races relating to the water-race scheme vest in the territorial authority.
Part 29A (comprising sections 517A to 517ZM) was inserted, as from 15 October 1999, by section 11 Local Government Amendment Act (No 5) 1999 (1999 No 125).
Subsection (1) was amended, as from 7 July 2004, by section 19 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by omitting the words “by special order,”.

Part 30
Supply of energy

[Repealed]

Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

518 Interpretation

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

Supply of energy by territorial authorities

519 Territorial authority may light roads, etc, with energy

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

520 Supply of energy

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56).

521 Gas reticulation

[Repealed]
Section 521 was repealed, as from 1 May 1983, by section 71(2) Gas Act 1982 (1982 No 27).

522 Powers in respect of supply of energy

[Repealed]
Section 522 was repealed, as from 1 April 1993, by section 173(2) Electricity Act 1992 (1992 No 122).

523 Territorial authority may contract with other persons for lighting of roads and for supply of energy

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

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

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

525 Supply of energy to persons outside the district

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

526 Works for supply of energy to vest in territorial authority

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

527 Consumer to supply fittings

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

528 Offences with respect to meters

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

529 Territorial authority to fix price of energy

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

530 Territorial authority may cut off supply of energy

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

531 Recovery of energy charges

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

532 Electricity or gas company may sell works to territorial authority

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

533 Territorial authority may advance to occupier of premises cost of installation or conservation of energy

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

534 When advance not to be a charge on land

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

535 Savings of agreements

[Repealed]
Part 30 was repealed, as from 7 October 1994, by section 89(2) Energy Companies Act 1992 (1992 No 56). See clause 2 Energy Companies Act Commencement Order 1994 (SR 1994/196).

Supply of energy by regional councils or united councils

536 Regional council or united council may undertake regional energy supply

[Repealed]
Section 536 was repealed, as from 1 July 1992, by section 49 Local Government Amendment Act 1992 (1992 No 42).

536A Regional energy planning committee

[Repealed]
Section 536A was repealed, as from 1 July 1992, by section 49 Local Government Amendment Act 1992 (1992 No 42).

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]
Section 536B was repealed, as from 14 August 1986, by section 8(2)(c) Local Government Amendment Act (No 3) 1986 (1986 No 50).

Part 31
Waste management

[Repealed]

Part 31: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

537 Interpretation

[Repealed]
Section 537: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

538 Duty of territorial authority to encourage efficient waste management

[Repealed]
Section 538: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

539 Waste management plan

[Repealed]
Section 539: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

540 Powers in respect of waste management

[Repealed]
Section 540: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

540A Collection and disposal of waste

[Repealed]
Section 540A: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

541 Waste management operations and facilities

[Repealed]
Section 541: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

542 Bylaws

[Repealed]
Section 542: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

543 Grants

[Repealed]
Section 543: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

544 Allocation of costs

[Repealed]
Section 544: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008 No 89).

Regional refuse collection and disposal

[Repealed]

545 Meaning of council

[Repealed]
Section 545, and the heading “Regional refuse collection and disposal”, were repealed, as from 1 July 1992, by section 50 Local Government Amendment Act 1992 (1992 No 42).

546 Council may operate refuse collection and disposal services

[Repealed]
Sections 546 to 548 were repealed, as from 1 July 1992, by section 50 Local Government Amendment Act 1992 (1992 No 42).

547 Powers of council in respect of refuse collection and disposal service

[Repealed]
Sections 546 to 548 were repealed, as from 1 July 1992, by section 50 Local Government Amendment Act 1992 (1992 No 42).

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

[Repealed]
Sections 546 to 548 were repealed, as from 1 July 1992, by section 50 Local Government Amendment Act 1992 (1992 No 42).

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

[Repealed]

Part 32, comprising sections 549 to 575, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).

549 Interpretation

[Repealed]
Section 549 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

549A United council and regional council may only act under this Part in response to developments for which it may determine development levy

[Repealed]
Section 549A was repealed, as from 1 July 1992, by section 52(1) Local Government Amendment Act 1992 (1992 No 42).

Development of land for housing

550 Council may acquire land for housing

[Repealed]
Section 550 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

551 Council may subdivide land

[Repealed]
Section 551 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

552 Council may erect or purchase or convert houses

[Repealed]
Section 552 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

553 Erection of flats and sale of flats

[Repealed]
Section 553 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

554 Council may sell or lease houses and building sections

[Repealed]
Section 554 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

555 Provisions as to leases

[Repealed]
Section 555 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

556 Leasehold-purchase schemes

[Repealed]
Section 556 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

557 Leases to employees of council may be by private contract

[Repealed]
Section 557 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

558 Repayment of advances and purchase money

[Repealed]
Section 558 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

559 Council may decline to sell or lease without giving reasons

[Repealed]
Section 559 was repealed, as from 29 April 1985, by section 33 Local Government Amendment Act 1985 (1985 No 60).

560 Sale or lease of land for housing

[Repealed]
Section 560 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

561 Council may sell or lease surplus land

[Repealed]
Section 561 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

562 Proceeds of sale or lease of building allotments to be paid into a separate account

[Repealed]
Section 562 was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

Advances to financial institutions and guarantees of housing loans

[Repealed]

563 Advances by council towards loans for housing purposes

[Repealed]
Section 563 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

564 Guarantees by council of portions of mortgages granted for housing purposes

[Repealed]
Section 564 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

565 Power of council to guarantee loans for erection of flats

[Repealed]
Section 565 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

566 Council may guarantee certain replacement mortgages

[Repealed]
Section 566 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

567 Provisions affecting mortgages

[Repealed]
Section 567 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

568 Mortgages securing premium instead of interest

[Repealed]
Section 568 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

569 Mortgages of leases

[Repealed]
Section 569 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

570 Extending lending powers of financial institutions

[Repealed]
Section 570 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

571 Insurance fund

[Repealed]
Section 571 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Commercial and industrial development

[Repealed]

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

[Repealed]
Section 572 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Miscellaneous provisions

573 Validity of documents and resolutions

[Repealed]
Section 573 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

574 Borrowing powers of council

[Repealed]
Section 574 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

575 Registration of agreements for sale

[Repealed]
Section 575 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 33
Farming and afforestation

[Repealed]

Part 33, comprising sections 576 to 586, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59).

Farming

[Repealed]

575A Interpretation

[Repealed]
Section 575A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

575B Regional councils

[Repealed]
Section 575B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

576 Power to undertake farming operations

[Repealed]
Section 576 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Forestry

[Repealed]

577 Power to establish, tend, and utilise forests

[Repealed]
Section 577 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

578 Management plans

[Repealed]
Section 578 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

579 Licences to take forest produce

[Repealed]
Section 579 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

580 Permits for temporary occupation

[Repealed]
Section 580 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

581 Licences for grazing and other purposes

[Repealed]
Section 581 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

582 Improvements effected by licensee

[Repealed]
Section 582 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

583 Forfeiture of licences and permits

[Repealed]
Section 583 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

584 Grants for research

[Repealed]
Section 584 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

585 Grants for destruction of pests or weeds

[Repealed]
Section 585 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

586 Forest bylaws

[Repealed]
Section 586 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 34
Public services

Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

Conveyance of passengers and goods

[Repealed]

586A Interpretation

[Repealed]
Section 586A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 587 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

588 Territorial authority may establish ferry services

[Repealed]
Section 588 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 589 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Vehicle-testing stations

[Repealed]

590 Vehicle-testing stations

[Repealed]
Section 590 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Parking places and buildings and transport stations

591 Provision of parking places and buildings and transport stations

(1) The council may provide parking places and buildings and transport stations, and for that purpose may—
- (a) take, purchase, or otherwise acquire any land or buildings or erect any buildings in or near to the district:
- (b) utilise any land or buildings that may lawfully be appropriated for the purpose:
- (c) take all such steps as the council thinks necessary to adapt for use as a parking place or building or transport station any land or building that it may acquire or utilise under this section:
- (d) authorise the use as a parking place or transport station of any part of a road:
- (e) appoint any place or any road or any specified part of any place or road as a transport station for the exclusive use of vehicles engaged in any passenger service or goods service or any other transport service:
(2) The council shall not authorise the use of any part of a road as a parking place or transport station so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by any person entitled to the use thereof, or so as to be a nuisance.
(3) The exercise by the council of its power under this section with respect to the use of any part of a road shall not render it subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle.
(4) Except as provided in bylaws made pursuant to section 591A or as provided in subsection (2) of that section, no part of a road may be appointed as a parking place available only to a specified person or to a specified class of persons or to vehicles owned or operated by a specified person or by specified classes of persons.
(5) The council may, in the exercise of its power of leasing and letting under Part 14, let or lease to any person for use as a parking place or transport station any parking place or transport station provided by it (not being part of a road).
(6) In this section—
parking place means a place (including a building) where vehicles, or any class of vehicles, may wait
transport station means a place where transport-service vehicles, or any class of transport-service vehicles, may wait between trips,—
and each of those expressions includes all necessary approaches and means of entrance to and egress from any such place, and all such buildings, ticket offices, waiting rooms, cloak rooms, structures, appliances, and other facilities as the council considers to be necessary or desirable for the efficient use of that place for the purpose for which it is provided and the collection of charges in relation to that use.
Part 34 (comprising sections 587 to 594) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) proviso was repealed, as from 1 July 1992, by section 56 Local Government Amendment Act 1992 (1992 No 42).

591A Bylaws as to parking places and transport stations

[Repealed]
Section 591A: repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

592 Territorial authority may guarantee loans for parking buildings or parking spaces

[Repealed]
Section 592 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Information centres and public relations offices

[Repealed]

593 Council may operate information centres and public relations offices

[Repealed]
Section 593 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Public relations and public information

[Repealed]

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

[Repealed]
Section 593A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Promotion of tourism

[Repealed]

593B Tourism

[Repealed]
Section 593B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Camping ground accommodation

[Repealed]

594 Council may operate camping grounds, cabins, huts, and motels

[Repealed]
Section 594 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 34A
Local authority trading enterprises and divestment of undertakings

[Repealed]

Part 34A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594A Commencement

[Repealed]
Section 594A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594B Definition of local authority trading enterprise

[Repealed]
Section 594B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594C Transfer of existing undertaking to local authority trading enterprise where local authorities have majority interest

[Repealed]
Section 594C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594D Transfer of existing undertaking to local authority trading enterprise or other entity in which local authority will not have majority interest

[Repealed]
Section 594D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594E Prohibition on transfer of regulatory functions

[Repealed]
Section 594E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594F Reduction of interest in local authority trading enterprise

[Repealed]
Section 594F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 594G was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 594H was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Establishment procedures

[Repealed]

594I Establishment units

[Repealed]
Section 594I was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594J Function of establishment units

[Repealed]
Section 594J was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594K Establishment plan

[Repealed]
Section 594K was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 594L was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594M Establishment unit where more than 1 local authority involved

[Repealed]
Section 594M was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594N Power of establishment unit in relation to divestment plan

[Repealed]
Section 594N was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594O Power of local authority in relation to divestment of undertakings

[Repealed]
Section 594AO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594P Effect of establishment unit determinations and recommendations

[Repealed]
Section 594P was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Principal objective of local authority trading enterprise

[Repealed]

594Q Principal objective to be successful business

[Repealed]
Section 594Q was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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]
Section 594QA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594R Directors and their role

[Repealed]
Section 594AR was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Statement of corporate intent

[Repealed]

594S Statement of corporate intent

[Repealed]
Section 594S was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594T Contents of statement of corporate intent

[Repealed]
Section 594T was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594U Completion of statement of corporate intent

[Repealed]
Section 594U was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594V Modifications of statement of corporate intent

[Repealed]
Section 594V was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594W Obligation to make statement of corporate intent available

[Repealed]
Section 594W was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594X Circumstances in which statement of corporate intent not required

[Repealed]
Section 594X was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594Y Savings of certain transactions

[Repealed]
Section 594Y was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594Z Reports and accounts

[Repealed]
Section 594Z was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZA Protection from disclosure of sensitive information

[Repealed]
Section 594ZA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZB Public availability of documents

[Repealed]
Section 594ZB was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 594ZC was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZD Application of Act to related and associated companies

[Repealed]
Section 594ZD(a) was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

Transfers of undertakings

[Repealed]

Section 594ZD was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 594ZE was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZF Modification of provisions of Public Works Act 1981

[Repealed]
Section 594ZF was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZG Obligation to lodge caveat

[Repealed]
Section 594ZG was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZH Exclusion of Public Bodies Leases Act 1969

[Repealed]
Section 594ZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZI Liabilities in respect of undertakings

[Repealed]
Section 594ZI was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZJ Certain matters not affected by transfer of undertaking to local authority trading enterprise

[Repealed]
Section 594ZJ was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZK Consequential provisions on transfer of undertaking to local authority trading enterprise

[Repealed]
Section 594ZK was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZL Stamp duty exemption

[Repealed]
Section 594ZL was repealed, as from 20 May 1999, by section 7 Stamp Duty Abolition Act 1999 (1999 No 61).

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

[Repealed]
Section 594ZM was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZN Uses deemed to be permitted uses

[Repealed]
Section 594ZN was repealed, as from 7 July 1993, by section 226(7) Resource Management Amendment Act 1993 (1993 No 65).

594ZO Exclusion

[Repealed]
Section 594ZO was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZP Prohibition on guarantees, etc

[Repealed]
Section 594ZP was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

594ZPA Restriction on lending to local authority trading enterprise

[Repealed]
Section 594ZPA was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 34B
Transport-related enterprises and divestment of undertakings

[Repealed]

Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZQ Interpretation

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZR Local authority not to conduct passenger transport operation

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZS Directors of passenger transport companies, etc

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZT Passenger transport companies incorporated before commencement of this Part

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZU Regional council not to have interest in passenger transport undertaking or operation

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZUA Unitary authority not to have interest in passenger transport undertaking or operation after 30 June 1992

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZV Divestment units

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZW Function of divestment units

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZX Divestment plan

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZY Sale to territorial authorities

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

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

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZZA Determination and approval of regional council divestment plan

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

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

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZZC Duty to act in furtherance of objects of this Part of Act

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZZD Regional council not to enter into contracts

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZZE Public availability of documents

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZZF Financial assistance from Land Transport Account suspended

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZZG Financial assistance to be identified

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZZH Repayment of financial assistance

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

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

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZZJ Supply of information

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

594ZZK Uses deemed to be permitted uses

[Repealed]
Part 34B (comprising sections 594ZQ to 594ZZK) was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).

Part 35
Public health and well-being

[Repealed]

Part 35, comprising sections 595 to 597, was inserted by section 2 Local Government Amendment Act 1979 (1979 No 59).

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

[Repealed]
Section 595 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 596 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

597 Medical practitioners' surgeries

[Repealed]
Section 597 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 36
Recreation and community development

Part 36 (comprising sections 598 to 621) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

597A Interpretation

[Repealed]
Section 597A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

598 Council may promote community welfare

[Repealed]
Section 598 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

599 Council may maintain public baths, swimming baths, and bath houses

[Repealed]
Section 599 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 600 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

601 Powers of council in relation to recreation and community development

[Repealed]
Section 601 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 601A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

602 Information services

[Repealed]
Section 602 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

603 Entertainments on Sunday, Good Friday, or Christmas Day

[Repealed]
Section 603 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Community centres

[Repealed]

604 Interpretation

[Repealed]
Section 604 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

605 Council may provide or contribute towards establishment and maintenance of community centres

[Repealed]
Section 605 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

606 Community centre areas

[Repealed]
Section 606 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

607 Joint community centre area

[Repealed]
Section 607 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

608 Control and management of community centre

[Repealed]
Section 608 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

609 Finance

[Repealed]
Section 609 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

610 Electors may petition for and participate in poll relating to uniform fee for community centre

[Repealed]
Section 610 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

611 Charge on certain rateable property

[Repealed]
Section 611 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 612 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

613 Bylaws

[Repealed]
Section 613 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

614 Community centre area a defined part of district

[Repealed]
Section 614 was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

615 Powers conferred by other Acts not affected

[Repealed]
Section 615 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Boat havens

[Repealed]

616 Construction or maintenance of boat haven

[Repealed]
Section 616 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Local and regional reserves

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

[Repealed]
Section 617 was repealed, as from 1 July 1998, by section 10(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

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

[Repealed]
Section 618 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 619: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).

619A Auckland catchment land

[Repealed]
Section 619A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

619B Auckland regional parks and reserves

[Repealed]
Section 619B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

619C Wellington regional parks

[Repealed]
Section 619C: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).

619D Management plans for regional parks

[Repealed]
Section 619D: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).

619E Contents of management plans

[Repealed]
Section 619E: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).

619F Public notice of preparation of first management plan

[Repealed]
Section 619F: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).

619G Public notice of draft management plan

[Repealed]
Section 619G: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).

619H Obligation to consider submissions and make amendments

[Repealed]
Section 619H: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).

619I Review and change of management plans

[Repealed]
Section 619I: repealed, on 2 July 2008, by section 270 of the Local Government Act 2002 (2002 No 84).

Tree planting, gardens, and lawns

[Repealed]

620 Council may expend money for tree planting

[Repealed]
Section 620 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

621 Gardens and lawns

[Repealed]
Section 621 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 37
Buildings

[Repealed]

622 Council defined

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

Dangerous, deserted and dilapidated buildings

[Repealed]

623 Powers of council with respect to dangerous, deserted, ruinous, and dilapidated buildings

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

624 Powers of council with respect to buildings likely to be dangerous in moderate earthquake

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

625 Appeal to High Court

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

626 Cost incurred to be a charge on land

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

Buildings for public meetings

[Repealed]

627 Interpretation

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

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

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

629 Register of licensed buildings

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

630 Inspection of licensed buildings

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

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

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

632 Regulations for protection of public from danger from fire or other emergency in theatres, etc

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

633 Cancellation or suspension of licence

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

634 Penalty for using unlicensed building

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

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

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

Apartment buildings and residential institutions

[Repealed]

636 Apartment buildings and residential institutions to be licensed

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636A Inspection of residential institution where disabled person resides

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

Fire prevention and safety in factories

[Repealed]

636B Interpretation

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636C Application to the Crown

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636D Factories to have fire-safety certificates

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636E Changes to factory premises, staffing, or activities after fire-safety certificate issued

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

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

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636G Provision of fire-fighting equipment

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636H Powers of entry and inspection to ensure compliance with fire bylaws and requirements

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636I Objections against notices or requirements

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636J Appeals against notices or requirements

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

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

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636L Offences

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636M Penalties

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636N Power to order contravention to be remedied

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636O Procedure relating to offences

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

636P Fire-safety certificates issued under Factories Act 1946 to continue in force

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

Preventing overcrowding

[Repealed]

637 Overcrowding of buildings

[Repealed]
Part 37 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

638 Illegal occupation of building

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

639 Removal of building illegally erected, etc

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

Miscellaneous provisions

640 Design and construction of buildings to resist earthquake shocks

[Repealed]
Part 37, comprising sections 622 to 644, was inserted, as from 12 December 1979, by section 2 Local Government Amendment Act 1979 (1979 No 59) and repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

641 Refusal of building permit

[Repealed]
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

641A Power to issue building permit where land subject to erosion, subsidence, slippage, or inundation

[Repealed]
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

641B Giving of security

[Repealed]
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

641C Objections and appeals

[Repealed]
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

641D Notification to the Crown

[Repealed]
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

642 Temporary buildings

[Repealed]
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

643 Permit for erection of building on 2 or more allotments

[Repealed]
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

644 Thermal insulation of new residential buildings

[Repealed]
Part 37, comprising sections 622 to 644, was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

Part 38
Urban renewal

[Repealed]

Part 38, comprising sections 644A to 644F, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

644A Interpretation

[Repealed]
Section 644A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

644B Council may undertake urban renewal

[Repealed]
Section 644B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

644C Notice of urban renewal to be given

[Repealed]
Section 644C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

644D Provisions as to subdivisions and development to be complied with

[Repealed]
Section 644D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

644E Advances by council to owners

[Repealed]
Section 644E was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 644F was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 39
Prevention of fires

Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

645 Council defined

[Repealed]
Section 645 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

646 Fire prevention

[Repealed]
Section 646 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

647 Fire hydrants

(1) In every part of the district in which there is a water supply provided under section 130 of the Local Government Act 2002, the council shall fix fire hydrants in the main pipes, other than trunk mains, of the waterworks at the most convenient places for extinguishing any fire as the council determines, or, in any part of the district that is included in a fire district under section 26 of the Fire Service Act 1975, as the New Zealand Fire Service Commission approves, and shall keep those fire hydrants in effective working order.
(2) Where a water supply is provided in the district or in any part of the district by any other local authority, the council may arrange with that local authority to fix fire hydrants in the main pipes, other than trunk mains, situated in the district or in that part, as the case may be.
(3) Fire hydrants shall be fixed at such distances from each other as the council decides or, in the case of hydrants fixed in any part of the district that is included in a fire district of the New Zealand Fire Service Commission, as that Commission approves.
(4) The council shall put near each fire hydrant a conspicuous notice or a mark of a kind approved by the New Zealand Fire Service Commission, in the case of a hydrant fixed in any part of the district that is included in a fire district of that Commission, or, in any other case, approved by the council, showing the situation of the hydrant, and that notice may, if the council thinks fit, be put on any building.
(5) In this section the term trunk main means a main used for the purpose of conveying water from a source of supply to a filter or reservoir, or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk.
(6) Where the council is dissatisfied with any decision of the New Zealand Fire Service Commission under this section, it may, within 1 month after receiving notice of the decision, appeal against that decision to a District Court, whose decision shall be final.
Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Subsection (1) was amended, as from 7 July 2004, by section 20 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words “section 130 of the Local Government Act 2002” for the words “Part 23 of this Act”.
In subsection (6), the words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate's Court” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

648 Pipes to be kept charged with water

(1) Except in case of unusual drought, or of accident, or of shortage from any cause of the water supply, or during necessary repairs, connections, or inspections, or in a case of a state of emergency declared under the Civil Defence Emergency Management Act 2002, the council must at all times keep charged with water the pipes in which fire hydrants are fixed by the council under section 647.
(2) Subject to the overall requirements of any Controller while a state of emergency exists under the Civil Defence Emergency Management Act 2002, the council must allow all persons to take and use water from any waterworks or water race for extinguishing fire without any payment for the same.
Part 39 (comprising sections 645 to 650) was inserted as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
The original subsections (1) and (2) were amended, as from 1 December 1983, by substituting the “Civil Defence Act 1983” for the “Civil Defence Act 1962”, the latter Act having been repealed by the former.
Section 648 was substituted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.

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

[Repealed]
Section 649 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 650 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 39A
Navigation

Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

650A Councils may carry out harbour works

(1) For the purposes of this Part,—
- (a) a regional council may—
  - (i) erect and maintain navigation aids:
  - (ii) remove obstructions and impediments to navigation, and execute and maintain works which in the opinion of the council tend to improve navigation:
- (b) a territorial authority may—
  - (i) erect and maintain quays, docks, piers, wharves, jetties, launching ramps, and any other works for the improvement, protection, management, or utilisation of waters within its district:
  - (ii) erect and maintain protective works (other than works undertaken under the Soil Conservation and Rivers Control Act 1941) to prevent the encroachment of waters within its district:
  - (iii) carry out such other navigation or harbour-related functions and responsibilities as it may have under a local government reorganisation scheme under this Act.
(2) All wharves, jetties and other works constructed by a council under the authority of this section belong to the council.
(3) A council or other local authority may not construct wharves or other works, or levy any tolls, on land owned by some other person, without that person's consent.
(4) The powers conferred by this section are subject to the Resource Management Act 1991.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

650B Appointment of harbourmasters, enforcement officers, and honorary officers

(1) A regional council may appoint such harbourmasters and enforcement officers (including honorary enforcement officers) as it thinks necessary for the purposes of this Part.
(2) An honorary enforcement officer of a council has only such powers of enforcement officers under this Part as the council specifies in the instrument appointing the person to be an honorary enforcement officer.
(3) Harbourmasters appointed under subsection (1) must have such qualifications as may be required by maritime rules.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

650C General powers of harbourmasters and enforcement officers

(1) A harbourmaster or enforcement officer of a regional council may at any time, for the purposes of carrying out his or her duty, enter and remain on any ship in waters within the council's region.
(2) A harbourmaster or an enforcement officer (together with such assistants and equipment as are considered necessary) may enter and remain on any maritime facility, or on any land or property of a port company or other operator of a port facility, within the region of the council that appointed the harbourmaster for the purposes of carrying out his or her functions.
(3) For the purpose of ensuring navigation safety, a harbourmaster or enforcement officer may give directions regulating—
- (a) the time and manner in which any ship may enter into, depart from, lie, or navigate in those waters:
- (b) the position, mooring, unmooring, placing, removing, securing, or unsecuring of any ship within those waters:
- (c) the manner in which any ship within those waters, or at any maritime facility, may take in or discharge its cargo or any part of its cargo, and the manner in which cargo is secured or is being handled on a ship where there is a risk of cargo falling overboard and becoming a hazard to navigation.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

650D Harbourmaster may remove ships

(1) For the purposes of ensuring navigation safety or enforcing navigation bylaws, a harbourmaster of a regional council may—
- (a) direct the master of any ship in waters within the region of the council, or lying at any maritime facility, to moor, unmoor, anchor, weigh anchor, secure, unsecure, place, or move his or her ship; and
- (b) cause the ship to be moored or unmoored or to be anchored or to weigh anchor or to be secured or unsecured or to be placed or removed according to the harbourmaster's directions, and employ a sufficient number of persons for the purpose.
(2) A harbourmaster of a regional council may, in relation to any floating, submerged, or stranded object (other than one to which section 650K applies) that the harbourmaster considers is a hazard to navigation, do or cause to be done anything referred to in subsection (1)(b) (as if the object were a ship).
(3) The expenses incurred by a harbourmaster under subsection (1) or subsection (2) are payable by the master and the owner of the ship, or by the owner of the object (as the case may be), and are recoverable as a debt due to the council.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

650E Harbourmasters and others may regulate some navigation activities

(1) A harbourmaster of a regional council may, in the interests of navigation safety, do all or any of the following things in relation to any waters within the council's region:
- (a) require the person appearing to be in charge of any ship or seaplane to stop, and to give his or her name and address, on being requested to do so by the harbourmaster:
- (b) require any person found committing an offence against the council's navigation bylaws to give his or her name and address:
- (c) on informing the owner of a ship or seaplane of an alleged offence against the council's navigation bylaws, and on requesting the owner to do so, require the owner to give all information in the owner's possession or obtainable by the owner which may lead to the identification of the person by whom the offence is alleged to have been committed:
- (d) regulate and control the traffic and navigation, and provide specially for the direct and personal control of that traffic, on any day or occasion of unusual or extraordinary traffic.
(2) A person authorised by the council, or any member of the Police acting on the request of the harbourmaster or such an authorised person, who—
- (a) has received a complaint that there has been a breach of any of the council's navigation bylaws; and
- (b) on investigation of the complaint, is of the opinion that there has been a breach of the council's navigation bylaws,—
may exercise any power under subsection (1)(a) to (c).
(3) If a harbourmaster or enforcement officer of a regional council believes on reasonable grounds that a person has committed a breach of maritime rules involving navigation safety, the harbourmaster or enforcement officer may exercise any power under subsection (1)(a) to (c), and those provisions apply with any necessary modifications.
(4) No honorary enforcement officer may exercise any power under section (1)(c) or (d).
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

650F Application of section 710 and other requirements

(1) Section 710 applies in respect of every harbourmaster, enforcement officer, and honorary enforcement officer.
(2) In addition to complying with section 710, before entering a place in the exercise of any power under any of sections 650C to 650E, a harbourmaster, enforcement officer, or honorary enforcement officer must produce the person's written warrant under section 710 to any person appearing to be in charge of the place entered—
- (a) on entering the place (if such a person is then present); and
- (b) at any reasonable time thereafter, if asked to do so by the person.
(3) If there is no person appearing to be in charge of the place at any time between the time of entry and the time the harbourmaster, enforcement officer, or honorary enforcement officer leaves the place, the harbourmaster or officer must, as soon as is practicable upon leaving the place, give an occupier or person in charge of the place written notice stating that the place has been entered, and specifying the following matters:
- (a) the time and date of entry:
- (b) the circumstances and purpose of entry:
- (c) the name, office or position, and employer of every person entering:
- (d) every thing that has been seized, or that nothing has been seized, and every action taken, or that no action has been taken.
(4) This section applies to a member of the Police who exercises any power under section 650E as if his or her warrant card or other evidence of appointment were a warrant under section 710.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

650G Offence

A person commits an offence against this Act who fails without reasonable cause to comply with a direction or requirement given or made under section 650C or section 650D or section 650E.
Part 39A (sections 650A-650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

650H Freedom of passage for officers of Customs, etc

Officers of Customs, officers of the Ministry of Agriculture and Forestry, officers of the Ministry of Fisheries, officers of Maritime New Zealand, and persons acting under the authority of the Authority or the Director of Maritime New Zealand, acting in the execution of their duty, have at all times free ingress, passage, and egress, into, through, and out of waters within the region of a regional council, by land or water, and with ships or otherwise, and over any wharf.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).
Section 650H was amended, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98) by substituting the words “Maritime New Zealand” for the words “the Maritime Safety Authority”.
Section 650H was amended, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98) by substituting the words “Maritime New Zealand” for the words “Maritime Safety”.

650I Crown harbours and facilities

(1) This section applies to waters, maritime facilities, and maritime works that—
- (a) are owned or operated by the Crown; and
- (b) are not subject to the jurisdiction of a local authority.
(2) Where this section applies, the Crown may—
- (a) regulate and lease, and charge for, the use of maritime facilities and maritime works:
- (b) exercise navigation safety control over any area:
- (c) do any other thing that a regional council or other local authority may do in relation to waters, maritime facilities, or maritime works under this Part or under any of the provisions of sections 684B to 684F and sections 699A to 699D.
(3) The responsible Minister may appoint such harbourmasters and enforcement officers for the purposes of this section as he or she thinks fit; and such harbourmasters and enforcement officers have the powers of a harbourmaster or enforcement officer (as the case may be) under this Part.
(4) For the purposes of this section, the responsible Minister is,—
- (a) in the case of facilities or works under the control or management of the Department of Conservation, the Minister of Conservation:
- (b) in the case of waters, facilities, or works under the control or management of the New Zealand Defence Force, the Minister of Defence:
- (c) in the case of the harbour to which the Milford Sound Harbour Regulations 1983 (SR 1983/103) apply, and any Crown-owned or operated facilities or works associated with that harbour, the Minister of Transport:
- (d) in any other case, the Minister of Local Government.
(5) The Governor-General may, by Order in Council, make regulations relating the use of maritime facilities and maritime works to which this section applies.
(6) Regulations made under subsection (5) may provide for the leasing, or the making of charges for the use of, maritime facilities and maritime works to which this section applies:
(7) For the purposes of subsection (5), section 723 is to continue to have effect as if it had not been repealed by the Local Government Act 2002.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24). See section 14 of that Act as to transitional provisions relating to Lake Taupo.
Subsection (2)(c) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by inserting the words “or under any of the provisions of sections 684B to 684F and sections 699A to 699D of this Act”. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsections (5) to (7) were inserted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

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

(1) A council may, in accordance with this section,—
- (a) transfer to another public authority any of its functions, duties, or powers (other than this power of transfer) under this Part:
- (b) delegate to a port operator any functions, duties, or powers (other than a power to make bylaws) under this Part that relate to navigation safety.
(2) A transferee under subsection (1)(a) may delegate to a port operator any of the functions, duties, and powers transferred under that provision to the transferee that relate to navigation safety.
(3) If any functions, duties, or powers delegated under subsection (1)(b) are exercisable or required to be performed by a harbourmaster, those functions, duties, and powers may be exercised or performed by employees of the port operator, subject to any conditions set out in the instrument of delegation.
(4) Section 37SC, with any necessary modifications, applies to transfers under subsection (1)(a), but nothing in this section limits any provision of that section that provides for any matter not provided for in this section.
(5) Section 715, with any necessary modifications, applies to delegations under subsection (1)(b) or subsection (2), but nothing in this section limits any provision of section 715 that provides for any matter not provided for in this section.
(6) In this section,—
port operator includes a port company under the Port Companies Act 1988 and any other operator of facilities for the loading or unloading of cargo or passengers carried by sea
public authority includes any local authority, iwi authority, Government department, or statutory authority.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

Wreck

650K Removal of wreck

(1) In this section, wreck includes—
- (a) any ship or aircraft which is abandoned, stranded, or in distress, or any equipment or cargo or other articles belonging to or separated from any such ship or aircraft; and
- (b) any derelict ship; and
- (c) shipping containers and property lost overboard or similarly separated from a ship, other than cargo lost in the course of its unloading or discharge from the ship while the ship is in a port.
(2) If a wreck on or in any land or waters within the region of a regional council is a hazard to navigation, the council may take steps to remove and deal with the wreck in accordance with the following provisions:
- (a) the council must, by a written request addressed to the owner of the wreck, or to an agent of the owner, ask the owner to either—
  - (i) remove the wreck within the time specified in the request and in a manner satisfactory to the council; or
  - (ii) undertake, under a security satisfactory to the council, to remove the whole of the wreck within a time fixed by and in a manner satisfactory to the council:
- (b) if the owner or agent cannot be found, or fails within the time specified in the written request to remove the whole of the wreck in a way satisfactory to the council, or to enter into such an undertaking to remove the wreck, or having undertaken to remove the wreck, fails to remove it in accordance with that undertaking, the council may, if the council has made reasonable inquiries to find the owner or agent, remove the wreck, and may recover from the owner, in any court of competent jurisdiction, the expenses incurred in removing it (the expenses of removal):
- (c) the council may, for the purpose of removal, destroy the wreck or any part of it, and may remove and take possession of the wreck or any part of it, and may sell the wreck or any part of it; and may, out of the proceeds (if any) of the sale, without any reference to the part of the wreck from the sale of which those proceeds may accrue, reimburse itself for the whole of the expenses of removal, and must after reimbursing itself pay over the surplus (if any) to the owner:
- (d) if the proceeds of the sale are insufficient to pay the whole expenses of removal, the council may recover the balance from the owner of the wreck:
- (e) the council does not have to retain any unsaleable wreck and may dispose of or destroy it as it thinks fit:
- (f) if the council fails, within 14 days after notice in writing from the Director to remove or to take steps to cause the owner of the wreck, to remove the wreck, the Director may take steps to remove the wreck, and for that purpose has all the powers of a regional council under this section.
(3) For the purposes of this section, owner includes not only the owner of the wreck at the time of the sinking, stranding, or abandonment, but also includes any purchaser of any such wreck, or the materials of which the wreck may be or may have been composed, so long as the same remains sunk, stranded, or abandoned.
(4) Nothing in this section affects or limits anything in section 110 of the Maritime Transport Act 1994.
Part 39A (comprising sections 650A to 650K) was inserted, as from 29 April 1999, by section 6 Local Government Amendment Act (No 2) 1999 (1999 No 24).

Part 40
Miscellaneous powers

[Repealed]

Part 40, comprising sections 651 to 664 was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

651 Council defined

[Repealed]
Section 651 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Markets and weighing machines

[Repealed]

652 Council may provide market places

[Repealed]
Section 652 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

653 Council may fix market charges

[Repealed]
Section 653 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

654 Recovery of market charges

[Repealed]
Section 654 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

655 Council may provide public weighing machines

[Repealed]
Section 655 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Harbour works and navigation

[Repealed]

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

[Repealed]
Section 656 was repealed, as from 29 April 1999, by section 6(2) Local Government Amendment Act (No 2) 1999 (1999 No 24).

Telegraphs, telephones, and electric lines

[Repealed]

657 Telegraphs and telephones

[Repealed]
Section 657 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

658 Underground telephone and electric lines

[Repealed]
Section 658 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Miscellaneous provisions

[Repealed]

659 Council may sell coal, coke, and firewood

[Repealed]
Section 659 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

660 Road metal and lime

[Repealed]
Section 660 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

661 Stock dips

[Repealed]
Section 661 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

662 Stock paddocks

[Repealed]
Section 662 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

663 Council may install, light, and maintain public clocks

[Repealed]
Section 663 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 664 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

664A Regional councils may contribute to works of constituent authorities

[Repealed]
Section 664A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]

Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).

665 Functions and powers of district community councils

[Repealed]
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).

666 Delegated functions and powers of community councils

[Repealed]
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).

667 Community council to be a committee of territorial authority

[Repealed]
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).

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

[Repealed]
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).

669 Advances and grants for development works in communities

[Repealed]
Part 41, comprising sections 665 to 669, was repealed, as from 1 November 1989, by section 29 Local Government Amendment Act (No 2) 1989 (1989 No 29).

Part 42
Private works

[Repealed]

Part 42 (comprising sections 670 to 678) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

670 Order for execution of private works

[Repealed]
Section 670 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

671 Duties of occupier

[Repealed]
Section 671 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

672 Occupier may act if owner of premises makes default

[Repealed]
Section 672 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 673 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

674 Advances by council to land owners to meet emergency expenditure

[Repealed]
Section 674 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 675 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 675A was repealed, as from 14 August 1986, by section 13(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).

676 Council may execute works on default by owner or occupier

[Repealed]
Section 676 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

677 Recovery of cost of works by council

[Repealed]
Section 677 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

678 Amounts payable in respect of private land

[Repealed]
Section 678 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 43
Bylaws

Part 43 (comprising sections 679 to 692) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

679 This Part to be subject to Bylaws Act 1910

[Repealed]
Section 679 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

680 Application of Part 43

[Repealed]
Section 680 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

681 Procedure for making bylaws

[Repealed]
Section 681 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

682 General provisions as to bylaws

[Repealed]
Section 682 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

683 Penalty for breach of bylaws

[Repealed]
Section 683 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

(1) Despite anything to the contrary in the Local Government Act 2002, sections 150, 151, 155, and 156 of that Act apply, with all necessary modifications, to any bylaw made under this Act.
(2) This section does not limit any other provisions of that Act that apply to a bylaw made under this Act.
Section 684AA was inserted, as from 28 June 2006, by section 30 Local Government Act 2002 Amendment Act 2006 (2006 No 26). See section 31 of that Act as to the transitional provision for long-term council community plans for the period beginning on 1 July 2006.

684 Subject-matter of bylaws

[Repealed]
Section 684: repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

684A Effect of Building Act 1991 on bylaws

[Repealed]
Section 684A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Navigation bylaws

684B Bylaws relating to navigation and related activities

A regional council may from time to time, by bylaw under this Act, do all or any of the following things in relation to waters within its region:
- (a) generally regulate and control, for the purposes of navigation and safety, the use or management of ships (including the mode and place of their mooring, anchoring, position, unmooring, and removal):
- (b) regulate the placing and maintenance of moorings and maritime facilities (which bylaws may not be inconsistent with the Resource Management Act 1991):
- (c) regulate and control, and prevent nuisances arising from,—
  - (a) the speed, use, anchoring, mooring, and management of ships and seaplanes:
  - (b) the towing of any thing or person:
- (d) if the council is satisfied that such action is necessary in the interests of navigation safety,—
  - (i) reserve any specified waters for use by any specified kind of ship or seaplane, or by any persons:
  - (ii) regulate or prohibit the use of those waters by other ships or persons:
  - (iii) on the occasion of boat races, yacht races, launch races, or swimming races, or similar events,—
    - (A) provide for the prohibition or regulation of the use of specified classes of ships:
    - (B) regulate admission to specified areas or authorise the organisers of the event to regulate admission to specified areas:
- (e) regulate and control the use of any anchorage:
- (f) put in place ship traffic separation schemes and ship traffic management schemes:
- (g) specify requirements (which may not be inconsistent with maritime rules) for—
  - (i) the provision of life jackets and buoyancy aids on pleasure craft:
  - (ii) the wearing of life jackets and buoyancy aids by persons on pleasure craft:
  - (iii) the marking and identification of personal water craft; and, for the purposes of this subparagraph, a personal water craft is a power driven ship that—
    - (A) has a fully enclosed hull; and
    - (B) does not take on water if capsized; and
    - (C) is designed to be operated by a person standing, sitting astride, or kneeling on it, but not seated within it:
- (h) fix fees and charges in respect of the use of any land, building, equipment, or other property, that is owned by the council and operated for navigation-related purposes, and in respect of navigation-related activities the council undertakes, including (without limitation) bylaws—
  - (i) fixing fees and charges for any function, duty, power, or service carried out or exercised or provided by the council in respect of any ship, maritime facility, offshore installation, pipeline, oil transfer site, navigational aid, or marine farm, or in respect of navigation generally:
  - (ii) fixing such fees and charges on the basis of the nature of the facility, the location and use of the facility, the size of the vessel, or on any other differential basis:
  - (iii) specifying the persons who are liable to pay such fees and charges:
- (i) exempting specified classes of persons from compliance with any provision of the bylaws or providing for the council to exempt any person from compliance with any provision of the bylaws; and providing for the council to suspend the operation of any provision of the bylaws, in any class of case or in any particular case, in circumstances specified in the bylaws.
Section 684B and the heading “Navigation Bylaws” were inserted, as from 29 April 1999, by section 7 Local Government Amendment Act (No 2) 1999 (1999 No 24).

684C Navigation bylaws not to affect port operations

Bylaws made under section 684B may not limit or affect the ability of a port company or an operator of a port facility to manage its operations within areas owned or controlled by it, except to the extent the council considers necessary in the interests of navigation safety.
Sections 684C to 684F were inserted, as from 29 April 1999, by section 7 Local Government Amendment Act (No 2) 1999 (1999 No 24).

684D No marine pollution charges

(1) Nothing in section 684B permits a council to make any navigation bylaw imposing any charges in respect of its responsibilities in relation to oil pollution.
(2) Any navigation bylaw in force immediately before the commencement of this section ceases to have effect to the extent that it imposes any charges in respect of a council's responsibilities in relation to oil pollution.
(3) In this section, oil has the same meaning as in section 222(1) of the Maritime Transport Act 1994.
Sections 684C to 684F were inserted, as from 29 April 1999, by section 7 Local Government Amendment Act (No 2) 1999 (1999 No 24).

684E General provisions relating to navigation bylaws

(1) Navigation bylaws may apply—
- (a) generally to navigation or associated activities in or on waters under the control, and within the region, of a regional council; or
- (b) to navigation or associated activities in or on specified waters within the region of a regional council or specified parts of such specified waters.
(2) Despite section 682(c), navigation bylaws may not impose licensing requirements in respect of any aspect of commercial shipping operations that is subject to any requirement contained in any maritime rule, but nothing in this subsection prevents navigation bylaws imposing licensing requirements in respect of other aspects of commercial shipping operations.
(3) No navigation bylaw concerning any ship traffic separation scheme or ship traffic management scheme may come into force unless the Director has approved the content of the bylaw.
(4) Except as otherwise expressly provided in this Part, navigation bylaws may not be inconsistent with the Lakes District Waterways Authority (Shotover River) Empowering Act 1985, the Resource Management Act 1991, the Northland Regional Council and Far North District Council Vesting and Empowering Act 1992, or the Maritime Transport Act 1994.
Sections 684C to 684F were inserted, as from 29 April 1999, by section 7 Local Government Amendment Act (No 2) 1999 (1999 No 24).

684F Council must consult Director

Before making a navigation bylaw concerning a matter for which a maritime rule may be made, a regional council must consult the Director of Maritime New Zealand about the proposed bylaw.
Part 43 (comprising sections 679 to 692) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
Section 684F was amended, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98) by substituting the words “Maritime New Zealand” for the words “Maritime Safety”.

685 Licences to hawkers and pedlars

[Repealed]
Section 685 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

686 Bylaws as to billiard rooms, amusement galleries, and shooting galleries

[Repealed]
Section 686 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

687 Enforcement and administration of regional bylaws

[Repealed]
Section 687 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

688 Metric conversions of bylaws

[Repealed]
Section 688 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

689 Council to provide copies of bylaws

[Repealed]
Section 689 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

690 Power to join with other bodies to make bylaws

[Repealed]
Section 690 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

690A Prescription of fees by bylaw or by resolution

[Repealed]
Section 690A was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 691 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692 Removal of works executed contrary to bylaws

[Repealed]
Section 692 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 43A
Commissioner for disaster recovery

[Repealed]

Part 43A, comprising sections 692A to 692K, was inserted, as from 20 November 1981, by section 24 Local Government Amendment Act (No 2) 1981 (1981 No 111).

692A Interpretation

[Repealed]
Section 692A was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692B Commissioner for Disaster Recovery

[Repealed]
Section 692B was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692C Deputy Commissioner for Disaster Recovery

[Repealed]
Section 692C was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692D Functions of Commissioner

[Repealed]
Section 692D was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692E Commissioner to exercise and perform powers, functions, and duties of local authority

[Repealed]
Section 692E was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692F Powers, functions, and duties of Deputy Commissioner

[Repealed]
Section 692F was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692G Commissioner and Deputy Commissioner not to be personally liable

[Repealed]
Section 692G was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 692H was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692I Appointment and function of advisory committee

[Repealed]
Section 692I was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692J Advances and guarantees of advances to Commissioner

[Repealed]
Section 692J was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692K Remuneration and expenses

[Repealed]
Section 692K was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 43B
Ministerial reviews of local authorities

[Repealed]

Part 43B, comprising sections 692L to 692ZB, was inserted, as from 1 July 1992, by section 66 Local Government Amendment Act 1992 (1992 No 42).

692L Interpretation

[Repealed]
Section 692L was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692M Power of Minister to initiate review

[Repealed]
Section 692M was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692N Requirement to consult

[Repealed]
Section 692N was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692O Decision in relation to reviews

[Repealed]
Section 692O was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692P Appointment of review authority

[Repealed]
Section 692P was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692Q Notice of review to be published in Gazette

[Repealed]
Section 692Q was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692R Remuneration

[Repealed]
Section 692R was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692S Procedure

[Repealed]
Section 692S was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692T Action on receipt of report

[Repealed]
Section 692T was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692U Implementation of recommendations

[Repealed]
Section 692U was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692V Minister may provide for implementation of recommendations

[Repealed]
Section 692V was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692W Implementation of recommendations for appointment of commission

[Repealed]
Section 692W was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692X Membership of commission

[Repealed]
Section 692X was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692Y Powers of commission

[Repealed]
Section 692Y was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692Z General provisions relating to commission

[Repealed]
Section 692Z was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZA Members not to act while commission in office

[Repealed]
Section 692ZA was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZB Publication of report

[Repealed]
Section 692ZB was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 43C
Removal orders

[Repealed]

Application for removal order

[Repealed]

Part 43C (comprising sections 692ZC to 692ZN) was inserted, as from 1 May 1998, by section 2 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.

692ZC Interpretation

[Repealed]
Section 692ZC was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZD Application for removal order

[Repealed]
Section 692ZD was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZE Evidence of convictions

[Repealed]
Section 692ZE was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZF Form of removal order

[Repealed]
Section 692ZF was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Objection to removal order

[Repealed]

692ZG Notice of objection

[Repealed]
Section 692ZG was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZH Vexatious objections

[Repealed]
Section 692ZH was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZI Court may confirm, vary, or discharge order

[Repealed]
Section 692ZI was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZJ Appeal to High Court final

[Repealed]
Section 692ZJ was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Compliance with removal order

[Repealed]

692ZK Compliance with removal order

[Repealed]
Section 692ZK was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZL No civil proceedings against person executing removal order

[Repealed]
Section 692ZL was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Miscellaneous provisions

[Repealed]

692ZM Relationship with Fencing Act 1978

[Repealed]
Section 692ZM was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

692ZN Rules of Court

[Repealed]
Section 692ZN was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 44
Offences and legal proceedings

Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

Offences

693 Obstruction of member or officer or agent of council

[Repealed]
Section 693 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

694 Wilful or negligent destruction of or damage to works or property

[Repealed]
Section 694 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 695 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

695A Removal of fences, structures, and vegetation

[Repealed]
Section 695A was repealed, as from 1 May 1998, by section 3 Local Government Amendment Act (No 3) 1997 (1997 No 95). See section 4 of that Act as to the savings and transitional provisions.

696 Coat of Arms

[Repealed]
Section 696 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 697 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

698 General penalty

(1) Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding $500 and, where the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued.
(2) Where any order is made under this Act by any Court directing the execution of any work or the doing of any act (other than the payment of a sum of money under a conviction, whether as a fine or otherwise) and no punishment for disobedience to the order is otherwise provided by this Act, every person disobeying the order commits an offence against this Act.
(3) Where a person commits a continuing breach of any provision of this Act which is an offence to which this section applies, then, notwithstanding anything in any other Act, a District Court may, on application by the council, grant an injunction restraining the further continuance of the breach by that person.
(4) An injunction may be granted under subsection (3),—
- (a) notwithstanding that proceedings for the offence constituted by the breach have not been taken; or
- (b) where the person is convicted of such an offence, either,—
  - (i) in the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or
  - (ii) in subsequent proceedings.
(5) The continued existence of any work or thing in a state, or the intermittent repetition of any action, contrary to any provision of this Act shall be a continuing offence for the purposes of this section.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).
In subsection (3), the words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate's Court” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

699 Offences punishable on summary conviction

(1) Subject to this Act, every offence against this Act or against any regulations or bylaws under this Act shall be punishable on summary conviction.
(2) Notwithstanding anything in section 14 of the Summary Proceedings Act 1957, any information in respect of an offence against this Act or any regulations or bylaws under this Act may be laid at any time within 12 months from the time when the matter of the information arose.
Part 44 (comprising sections 693 to 707) was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

699A Infringement offences relating to navigation bylaws

(1) In sections 699B to 699D,—
infringement fee, in relation to an infringement offence, means the infringement fee prescribed for that offence by regulations made under subsection (2)
infringement offence means a breach of a navigation bylaw that is specified in regulations made under subsection (2) as an infringement offence for the purposes of this section.
(2) The Governor-General may from time to time, by Order in Council, make regulations—
- (a) prescribing the infringement fee payable in respect of each infringement offence, which fee may not exceed $1,000:
- (b) specifying which breaches of navigation bylaws are infringement offences for the purposes of this section:
- (c) prescribing the form of infringement notices for infringement offences.
Sections 699A to 699D were inserted, as from 29 April 1999, by section 8 Local Government Amendment Act (No 2) 1999 (1999 No 24).

699B Commission of infringement offence

If any person is alleged to have committed an infringement offence, that person may either—
- (a) be proceeded against for the alleged offence under the Summary Proceedings Act 1957; or
- (b) be served with an infringement notice as provided for in section 699C.
Sections 699A to 699D were inserted, as from 29 April 1999, by section 8 Local Government Amendment Act (No 2) 1999 (1999 No 24).

699C Infringement notices

(1) If a harbourmaster or an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.
(2) Any harbourmaster or enforcement officer (not necessarily the person who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business; and, in that case, for the purposes of the Summary Proceedings Act 1957, it (or the copy) is to be treated as having been served on that person when it was posted.
(3) Every infringement notice must be in the prescribed form and must contain the following particulars:
- (a) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
- (b) the amount of the infringement fee specified for that offence; and
- (c) the address of the place at which the infringement fee may be paid; and
- (d) the time within which the infringement fee must be paid; and
- (e) a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
- (f) a statement that the person served with the notice has a right to request a hearing; and
- (g) a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
- (h) such other particulars as are prescribed.
(4) If an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and, in that case, the provisions of that section apply with the necessary modifications.
Sections 699A to 699D were inserted, as from 29 April 1999, by section 8 Local Government Amendment Act (No 2) 1999 (1999 No 24).

699D Entitlement to infringement fees

A regional council is entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer of that council.
Sections 699A to 699D were inserted, as from 29 April 1999, by section 8 Local Government Amendment Act (No 2) 1999 (1999 No 24).

Legal proceedings

[Repealed]

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

[Repealed]
Section 700 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

701 Proceedings in District Court, etc

[Repealed]
Section 701 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

702 Service of legal proceedings on council

[Repealed]
Section 702 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

703 Valuation roll to be evidence as to owner or occupier

[Repealed]
Section 703 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 704 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

705 Recovery of debts

[Repealed]
Section 705 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 706 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Recovery of losses incurred by local authorities

[Repealed]

The heading “Recovery of losses incurred by local authorities” was inserted, as from 1 July 2001, by section 50 Public Audit Act 2001 (2001 No 10).

706A Report by the Auditor-General on loss incurred by local authority

[Repealed]
Section 706A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

706B Local authority to respond to Auditor-General

[Repealed]
Section 706B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

706C Members of local authority liable for loss

[Repealed]
Section 706C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

General provisions

[Repealed]

707 Council may make compositions

[Repealed]
Section 707 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 44A
Special provisions applying to Auckland Regional Authority

Part 44A: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

707A Application of provisions to Auckland Regional Council

[Repealed]
Section 707A: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

707AA Residual powers of Auckland Regional Council

[Repealed]
Section 707AA: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

707B Interpretation

[Repealed]
Sections 707B to 707E were repealed, as from 1 July 1992, by section 67(1) Local Government Amendment Act 1992 (1992 No 42).

707C Membership of Auckland Regional Authority

[Repealed]
Sections 707B to 707E were repealed, as from 1 July 1992, by section 67(1) Local Government Amendment Act 1992 (1992 No 42).

707D Auckland Regional Authority elections

[Repealed]
Sections 707B to 707E were repealed, as from 1 July 1992, by section 67(1) Local Government Amendment Act 1992 (1992 No 42).

707E Extraordinary vacancies

[Repealed]
Sections 707B to 707E were repealed, as from 1 July 1992, by section 67(1) Local Government Amendment Act 1992 (1992 No 42).

707F Compilation of electoral roll

[Repealed]
Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).

707G Roll to be available for public inspection

[Repealed]
Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).

707H Application for registration as a parliamentary elector

[Repealed]
Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).

707I Completion of roll

[Repealed]
Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).

707J Amendments to roll

[Repealed]
Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).

707K When roll in force

[Repealed]
Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).

707L Proof of roll

[Repealed]
Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).

707M Roll for by-elections

[Repealed]
Sections 707F to 707M were repealed, as from 1 October 1991, by section 21(1) Local Government Amendment Act 1991 (1991 No 49).

Part 44B
Auckland Regional Services Trust

[Repealed]

Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707N Interpretation

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

Auckland Regional Services Trust

707O Constitution of Trust

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707P Establishment of Trust

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

Transfer of specified assets and specified liabilities to trust

707Q Preparation of plan for vesting of specified assets and specified liabilities in Trust

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707QA Special provisions in relation to transfers of assets and liabilities to Watercare Services Limited and Regional Forests Limited

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707QB Prohibition on sale or other disposition of water services assets and shares in Watercare Services Limited

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707R Vesting of assets and liabilities in Trust

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707S Certain matters not affected by transfer of specified assets or specified liabilities to Trust

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707T Provisions relating to transfer of specified assets and specified liabilities to Trust

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707U Transfer of regulatory powers not authorised

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707UA Divestment of assets in transport-related enterprises to be subject to Part 34B

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707V Stamp duty exemption

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707W Taxation

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707X Taxes and duties

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707Y Uses deemed to be permitted uses

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707Z Modification of provisions of Public Works Act 1981

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZA Obligation to lodge caveat

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZB Exclusions

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

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

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZD Continuous service of transferred employees

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZE Maintenance of conditions of employment

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZEA Restrictions on compensation for redundancy

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZF Water services

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZG Refusal disposal sites

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZH Properties and funds acquired from Auckland Harbour Board

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

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

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

Functions of trust

707ZJ Functions of Trust

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZJA Functions in relation to America's Cup

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZJB Management of assets

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

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

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZJD Power to dispose of assets

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZJE Effect of sections 707ZJA to 707ZJD

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZK Trust to be local authority for certain purposes

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

Elections

707ZL Election of members of Trust

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZM First election of members

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

Chief executive

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

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

Accountability and accounting

707ZO Conduct of affairs

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZP Annual report to public concerning plans

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZQ Annual report to public concerning performance

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZR Audit Office to be auditor

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

Funding

707ZS Funding

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZT Establishment costs

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZU Application of revenue

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZV Rating for funding of Trust

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

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

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

Community trust

707ZW Establishment of Community Trust

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

707ZX Trustees

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

707ZY Disqualification from appointment

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

707ZZ Term of appointment

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

707ZZA Purposes of Community Trust

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

707ZZB Financial statements

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

707ZZC Trustees to hold public meeting

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

707ZZD Matters to be included in trust deed

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

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

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

707ZZF Application of Trustee Act 1956

[Repealed]
Sections 707ZW to 707ZZF were repealed, as from 1 August 1998, by section 6(1)(c) Local Government Amendment Act 1998 (1998 No 89).

Achievement of objects

This heading) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

707ZZG Duty to act in furtherance of this Part

[Repealed]
Part 44B (comprising sections 707N to 707ZZG) was repealed, as from 1 October 1998, by section 14(1)(e) Local Government Amendment Act 1998 (1998 No 89).

Part 44C
Infrastructure Auckland

Part 44C (comprising sections 707ZZH to 707ZZZZG) was inserted by section 8 Local Government Amendment Act 1998 (1998 No 89). See section 707ZZH as to that Part coming into force as from 1 October 1998. Sections 707ZZS to 707ZZZA, 707ZZZL(4), and 707ZZZR(4) came into force as from 30 July 1998).
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZH Commencement

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZI Interpretation

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZJ Constitution of Infrastructure Auckland

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZK Principal function of Infrastructure Auckland

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZL Grants

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZM Special obligations of Infrastructure Auckland

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZN Additional special obligation of Infrastructure Auckland in respect of Ports of Auckland Limited

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZO Membership of Infrastructure Auckland

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZP Infrastructure Auckland to be local authority for certain purposes

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZQ Statement of corporate intent

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZR Transport-related enterprises

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZS Electoral College

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZT Functions of Electoral College

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZU Appointment of members of Infrastructure Auckland

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZV Members of Electoral College

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZW Alternate members of Electoral College

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZX Chairperson of Electoral College

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZY Meetings of Electoral College

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZ Infrastructure Auckland deed

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZA Contents of Infrastructure Auckland deed

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZB Longterm funding plan

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZC Proceedings of Infrastructure Auckland

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

Accountability and accounting

[Repealed]

This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZD Conduct of affairs

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZE Annual plan

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZF Annual policy in relation to grants

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZG Annual report

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZH Exemption for listed companies

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

America's Cup

[Repealed]

This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZI Functions in relation to America's Cup

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZJ Obligation to report annually on assets

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZK Power to dispose of shares

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

Dissolution of Auckland Regional Services Trust

[Repealed]

This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZL Dissolution of Auckland Regional Services Trust

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZLA Transfer of money subject to trust

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZM Taxes and duties

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZN Modification of provisions of Public Works Act 1981

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZO Obligation to lodge caveat

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZP Employees

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZQ Final accounts of Auckland Regional Services Trust

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZR Vesting of shares in Watercare Services Limited

[Repealed]
Section 707ZZZR: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

707ZZZS Water services

[Repealed]
Section 707ZZZS: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

707ZZZT Auckland Regional Council allowed certain deductions for tax purposes

[Repealed]
Section 707ZZZT: repealed, on 1 April 2008, by section 707ZZZU.

707ZZZU Expiry

[Repealed]
Section 707ZZZU: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Dissolution of regional treasury management limited

[Repealed]

This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZV Dissolution of Regional Treasury Management Limited

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZW Final accounts of Regional Treasury Management Limited

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZX Taxes and duties

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

Miscellaneous provisions

[Repealed]

This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZY Certain matters not affected by this Part

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

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

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZZA Registers

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

Transitional provisions

[Repealed]

This heading was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZZB Initial membership of Infrastructure Auckland

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZZC Membership of Infrastructure Auckland in period beginning on 1 July 1999 and ending with 31 December 1999

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZZD Membership of Infrastructure Auckland in period beginning on 1 January 2000 and ending with 30 June 2001

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZZE Power to resign

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZZF Extraordinary vacancies

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

707ZZZZG Chairperson of Infrastructure Auckland

[Repealed]
Part 44C (except sections 707ZZZR to 707ZZZU) was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

Part 44D
Westport harbour

[Repealed]

707ZZZZH Harbour assets vested in Buller District Council

[Repealed]
Section 707ZZZZH was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Part 45
Miscellaneous provisions

[Repealed]

Part 45, comprising sections 708 to 724, was inserted, as from 1 April 1980, by section 2 Local Government Amendment Act 1979 (1979 No 59).

Works on private land

[Repealed]

708 Works on private land

[Repealed]
Section 708 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

708A Power of entry

[Repealed]
Section 708A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

709 Examination of appliances and equipment

[Repealed]
Section 709 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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]
Section 709A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

709B Interpretation

[Repealed]
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

709D Exceptions to prohibition for residents and their visitors

[Repealed]
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

709E Exceptions to prohibition for licensed premises

[Repealed]
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

709F Public notice

[Repealed]
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

709G Offences

[Repealed]
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

709H Powers of arrest, search, and seizure

[Repealed]
Sections 709B to 709H were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

General provisions

[Repealed]

710 Authority to act

[Repealed]
Section 710 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

711 Penalty for acting without warrant

[Repealed]
Section 711 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

712 Resignations from office

[Repealed]
Section 712 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

713 Chairman compellable to give information

[Repealed]
Section 713 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

714 Delegation of Minister's or Secretary's powers

[Repealed]
Section 714 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

715 Delegation of powers by council

[Repealed]
Section 715 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

716 Delegation of powers by officers

[Repealed]
Section 716 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

716A Special consultative procedure

[Repealed]
Section 716A was repealed, as from 25 December 2002, by section 267(a) Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.

Special orders

[Repealed]

716B Special orders

[Repealed]
Section 716B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

716C Evidence of special order

[Repealed]
Section 716C was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]
Section 716D was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

717 Application of provisions to Auckland Regional District

[Repealed]
Section 717 was repealed, as from 17 June 1986, by section 7 Local Government Amendment Act (No 2) 1986 (1986 No 24).

718 Application of Act to County of Fiord

[Repealed]
Section 718 was repealed, as from 14 January 1983, by section 28(3) Local Government Amendment Act (No 2) 1982 (1982 No 166).

719 In certain cases Governor-General may validate proceedings or may extend time for doing anything

[Repealed]
Section 719 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

720 Misnomer, etc, not to prevent operation of Act

[Repealed]
Section 720 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

721 Appointment of person to exercise powers and functions of council

[Repealed]
Section 721 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

722 Annual report

[Repealed]
Section 722 was repealed, as from 1 July 1992, by section 70 Local Government Amendment Act 1992 (1992 No 42).

723 Regulations

[Repealed]
Section 723 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

724 Application of Act to Crown

[Repealed]
Section 724 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

725 Consequential amendments

[Repealed]
Section 725 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

726 Repeals, revocation, and savings

[Repealed]
Section 726 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

s 2

[Repealed]

Schedule 1 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

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

[Repealed]

Schedule 1A was repealed, as from 1 July 1992, by section 72(1) Local Government Amendment Act 1992 (1992 No 42).

s 35(1)

[Repealed]

The original Schedule 2 was repealed, as from 1 April 1978, by section 7(1)(a) Local Government Amendment Act (No 3) 1977 (1977 No 122).
A new Schedule 2 was inserted, as from 1 April 1978, by section 4(1) Local Government Amendment Act (No 2) 1977 (1977 No 109), and repealed, as from 1 November 1989, by section 42(1) Local Government Amendment Act (No 2) 1989 (1989 No 29). See section 42(3) of that Act.

s 37H

[Repealed]

The original Schedule 3 was renumbered to Schedule 10 by section 7(2) Local Government Amendment Act (No 3) 1977, to Schedule 14 by section 3(2) Local Government Amendment Act 1978, and to Schedule 18 by section 8(1)Local Government Amendment Act 1979.
A new Schedule 3 was inserted, as from 1 April 1978, by section 4(1) Local Government Amendment Act (No 2) 1977 (1977 No 109), and repealed, as from 1 November 1989, by section 43(1) Local Government Amendment Act (No 2) 1989 (1989 No 29). See section 42(3) of that Act.

s 37ZC

[Repealed]

Schedule 3A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

s 37ZZT

[Repealed]

Schedule 3B was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

s 114U

[Repealed]

Schedule 4 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

s 101ZZE

[Repealed]

Schedule 4A was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

s 153

[Repealed]

Schedule 5 was repealed, as from 29 June 1988, by section 209(1) Rating Powers Amendment Act 1988 (1988 No 97).

s 164F

[Repealed]

Schedule 5A was repealed, as from 29 June 1988, by section 209(1) Rating Powers Amendment Act 1988 (1988 No 97).

ss 185(2), 187

Schedule 6 was inserted, as from 1 April 1978, by section 7(1) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Schedule 6 heading: amended, on 1 October 2008, by section 20(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

Scale	Specified engine fuel that is motor spirit or ethyl alcohol per litre	Specified engine fuel that is diesel or biodiesel per litre
A	0.66 cent	0.33 cent
B	0.44 cent	0.22 cent
C	0.22 cent	0.11 cent

Schedule 6 table column 2 heading: amended, on 1 October 2008, by section 20(2)(a) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Schedule 6 table column 3 heading: amended, on 1 October 2008, by section 20(2)(b) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

ss 181, 183

The original Schedule 7 was inserted, as from 1 April 1978, by section 7(1)(b) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Schedule 7 was substituted, as from 1 July 1992, by section 75 Local Government Amendment Act 1992 (1992 No 42).

Tax area	Component districts (“(D)” indicates the distribution authority)
1. Northland	Far North District Whangarei District (D) Kaipara District
2. Auckland	Auckland
3. Waikato–Coromandel	Waikato District Hamilton City (D) Thames-Coromandel District Hauraki District Matamata-Piako District South Waikato District Waipa District
4. Bay of Plenty	Western Bay of Plenty District Tauranga District Rotorua District (D) Whakatane District Kawerau District Opotiki District Taupo District
5. King Country	Otorohanga District (D) Waitomo District Ruapehu District
6. Taranaki	New Plymouth District (D) Stratford District South Taranaki District
7. Wanganui	Wanganui District (D) Rangitikei District
8. Manawatu	Palmerston North City (D) Manawatu District Horowhenua District
9. East Coast	Gisborne District (D) Wairoa District
10. Hawke's Bay	Napier City (D) Hastings District Central Hawke's Bay District Tararua District
11. Wairarapa	Masterton District (D) Carterton District South Wairarapa District
12. Wellington–Hutt Valley	Kapiti Coast District Porirua City Wellington City (D) Lower Hutt City Upper Hutt City
13. Nelson	Nelson City (D) Tasman District
14. Marlborough	Marlborough District (D) Kaikoura District
15. West Coast	Buller District Grey District (D) Westland District
16. North Canterbury	Hurunui District Waimakariri District (D)
17. Christchurch	Christchurch City (D) Banks Peninsula District Selwyn District
18. South Canterbury	Ashburton District Timaru District (D) MacKenzie District Waimate District
19. Coastal Otago	Waitaki District Dunedin City (D) Clutha District
20. Central Otago	Central Otago District (D) Queenstown-Lakes District
21. Southland	Southland District Invercargill City (D) Gore District.

Schedule 7 item 2: substituted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

ss 185, 187

Schedule 8 was inserted, as from 1 April 1978, by section 7(1)(b) Local Government Amendment Act (No 3) 1977 (1977 No 122).
Schedule 8 heading: amended, on 1 October 2008, by section 21(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
Schedule 8: amended, on 1 October 2008, by section 21(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).

In accordance with a decision made under section 185 (or section 187) of the Local Government Act 1974, a local authorities fuel tax will be levied on the following scale with effect on and after [state effective date] and within the tax area consisting of [state name of component districts within the tax area].

Scale	Motor spirits per litre	Diesel fuel per litre
A	0.66 cent	0.33 cent
B	0.44 cent	0.22 cent
C	0.22 cent	0.11 cent

Dated this day of 19 .

Principal Administrative Officer of [name of taxing authority], distribution authority of tax area.

s 245

[Repealed]

Schedule 9 was repealed, as from 1 November 1989, by section 25(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).

ss 319(h), 342

Schedules 10, 11, 12, and 13 were inserted, as from 1 April 1979, by section 3(1) Local Government Amendment Act 1978. (1978 No 43)

Stopping of roads

1

The council shall prepare a plan of the road proposed to be stopped, together with an explanation as to why the road is to be stopped and the purpose or purposes to which the stopped road will be put, and a survey made and a plan prepared of any new road proposed to be made in lieu thereof, showing the lands through which it is proposed to pass, and the owners and occupiers of those lands so far as known, and shall lodge the plan in the office of the Chief Surveyor of the land district in which the road is situated. The plan shall separately show any area of esplanade reserve which will become vested in the council under section 345(3).
Clause 1 was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by inserting the words “why the road is to be stopped and”, and the words “The plan shall separately show any area of esplanade reserve which will become vested in the council under section 345(3) of this Act”.

2

On receipt of the Chief Surveyor's notice of approval and plan number the council shall open the plan for public inspection at the office of the council, and the council shall at least twice, at intervals of not less than 7 days, give public notice of the proposals and of the place where the plan may be inspected, and shall in the notice call upon persons objecting to the proposals to lodge their objections in writing at the office of the council on or before a date to be specified in the notice, being not earlier than 40 days after the date of the first publication thereof. The council shall also forthwith after that first publication serve a notice in the same form on the occupiers of all land adjoining the road proposed to be stopped or any new road proposed to be made in lieu thereof, and, in the case of any such land of which the occupier is not also the owner, on the owner of the land also, so far as they can be ascertained.

3

A notice of the proposed stoppage, shall during the period between the first publication of the notice and the expiration of the last day for lodging objections as aforesaid be kept fixed in a conspicuous place at each end of the road proposed to be stopped:
Provided that the council shall not be deemed to have failed to comply with the provisions of this clause in any case where any such notice is removed without the authority of the council, but in any such case the council shall, as soon as conveniently may be after being informed of the unauthorised removal of the notice, cause a new notice complying with the provisions of this clause to be affixed in place of the notice so removed and to be kept so affixed for the period aforesaid.

4

If no objections are received within the time limited as aforesaid, the council may by public notice declare that the road is stopped; and the road shall, subject to the council's compliance with clause 9 of this Schedule, thereafter cease to be a road.

5

If objections are received as aforesaid, the council shall, after the expiration of the period within which an objection must be lodged, unless it decides to allow the objections, send the objections together with the plans aforesaid, and a full description of the proposed alterations to the Environment Court.
Clause 5 was amended, as from 2 September 1996, by section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words “Environment Court” for the words “Planning Tribunal”.

6

The Environment Court shall consider the district plan, the plan of the road proposed to be stopped, the council's explanation under clause 1 of this Schedule, and any objection made thereto by any person, and confirm, modify, or reverse the decision of the council which shall be final and conclusive on all questions.
Clause 6 was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Clause 6 was amended, as from 2 September 1996, by section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words “Environment Court” for the words “Planning Tribunal”.

7

If the Environment Court reverses the decision of the council, no proceedings shall be entertained by the Environment Court for stopping the road for 2 years thereafter.
Clause 7 was amended, as from 2 September 1996, by section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words “Environment Court” for the words “Planning Tribunal”.

8

If the Environment Court confirms the decision of the council, the council may declare by public notice that the road is stopped; and the road shall, subject to the council's compliance with clause 9 of this Schedule, thereafter cease to be a road.
Clause 8 was amended, as from 2 September 1996, by section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words “Environment Court” for the words “Planning Tribunal”.

9

Two copies of that notice and of the plans hereinbefore referred to shall be transmitted by the council for record in the office of the Chief Surveyor of the land district in which the road is situated, and no notice of the stoppage of the road shall take effect until that record is made.

10

The Chief Surveyor shall allocate a new description of the land comprising the stopped road, and shall forward to the District Land Registrar or the Registrar of Deeds, as the case may require, a copy of that description and a copy of the notice and the plans transmitted to him by the council, and the Registrar shall amend his records accordingly.

Temporary prohibition of traffic

11

The council may, subject to such conditions as it thinks fit (including the imposition of a reasonable bond), and after consultation with the Police and the Ministry of Transport, close any road or part of a road to all traffic or any specified type of traffic (including pedestrian traffic)—
- (a) while the road, or any drain, water race, pipe, or apparatus under, upon, or over the road, is being constructed or repaired; or
- (b) where, in order to resolve problems associated with traffic operations on a road network, experimental diversions of traffic are required; or
- (c) during a period when public disorder exists or is anticipated; or
- (d) when for any reason it is considered desirable that traffic should be temporarily diverted to other roads; or
- (e) for a period or periods not exceeding in the aggregate 31 days in any year for any exhibition, fair, show, market, concert, film-making, race or other sporting event, or public function:
Provided that no road may be closed for any purpose specified in paragraph (e) if that closure would, in the opinion of the council, be likely to impede traffic unreasonably.
Clause 11 was substituted, as from 14 August 1986, by section 14(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).

11A

The council shall give public notice of its intention to consider closing any road or part of a road under clause 11(e); and shall give public notice of any decision to close any road or part of a road under that provision.
Clauses 11A to 11C were inserted, as from 14 August 1986, by section 14(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).

11B

Where any road or part of a road is closed under clause 11(e), the council or, with the consent of the council, the promoter of any activity for the purpose of which the road has been closed may impose charges for the entry of persons and vehicles to the area of closed road, any structure erected on the road, or any structure or area under the control of the council or the promoter on adjoining land.
Clauses 11A to 11C were inserted, as from 14 August 1986, by section 14(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).

11C

Where any road or part of a road is closed under clause 11(e), the road or part of a road shall be deemed for the purposes of—
- (a) [Repealed]
- (b) the Traffic Regulations 1976:
- (c) the Transport (Drivers Licensing) Regulations 1985:
- (d) [Repealed]
- (e) the Transport (Vehicle Registration and Licensing) Notice 1986:
- (ea) the Land Transport Act 1998:
- (f) Any enactment made in substitution for any enactment referred to in paragraphs (a) to (ea)—
not to be a road; but nothing in this clause shall affect the status of the road or part of a road as a public place for the purposes of this or any other enactment.
Clauses 11A to 11C were inserted, as from 14 August 1986, by section 14(1) Local Government Amendment Act (No 3) 1986 (1986 No 50).
Paragraph (ea) was inserted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Paragraph (f) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the expression “paragraphs (a) to (ea)” for the expression “paragraphs (a) to (e)”.
Schedule 10 clause 11C(a): repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Schedule 10 clause 11C(d): repealed, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

12

The powers conferred on the council by clause 11 (except paragraph (e)) may be exercised by the Chairman on behalf of the council or by any officer of the council authorised by the council in that behalf.

13

Where it appears to the council that owing to climatic conditions the continued use of any road in a rural area, other than a State highway or Government road, not being a road generally used by motor vehicles for business or commercial purposes or for the purpose of any public work, may cause damage to the road, the council may by resolution prohibit, either conditionally or absolutely, the use of that road by motor vehicles or by any specified class of motor vehicle for such period as the council considers necessary.

14

Where a road is closed under clause 13 of this Schedule, an appropriate notice shall be posted at every entry to the road affected, and shall also be published in a newspaper circulating in the district.

15

A copy of every resolution made under clause 13 of this Schedule shall, within 1 week after the making thereof, be sent to the Minister of Transport, who may at any time, by notice to the council, disallow the resolution, in whole or in part, and thereupon the resolution, to the extent that it has been disallowed, shall be deemed to have been revoked.

16

No person shall—
- (a) use a vehicle, or permit a vehicle to be used, on any road which is for the time being closed for such vehicles pursuant to clause 11 of this Schedule; or
- (aa) without the consent of the council or the promoter of any activity permitted by the council, enter or attempt to enter, or be present, on any road or part of a road that is for the time being closed to pedestrian traffic pursuant to clause 11 of this Schedule; or
- (b) use a motor vehicle, or permit a motor vehicle to be used, on any road where its use has for the time being been prohibited by a resolution under clause 13 of this Schedule.
Paragraph (aa) was inserted, as from 14 August 1986, by section 14(2) Local Government Amendment Act (No 3) 1986 (1986 No 50).

s 325(1)

[Expired]

Schedule 11 expired, as from 1 January 1993, pursuant to section 325(3) of this Act.

Schedule 12

Schedules 10, 11, 12, and 13 were inserted, as from 1 April 1979, by section 3(1) Local Government Amendment Act 1978 (1978 No 43).

s 326(3)

To , owner of an estate or interest in fee simple [or as the case may be] in the land described below.

Whereas the [name of council] has formed or widened [describe road or service lane] in the district whereby the value of the land described below which fronts the said road (or service lane) and in which you are interested as aforesaid, has been increased.

This is to give you notice that the council claims from you the sum of $ on account of betterment for the said increase in value of the said land.

[Description of land]

Given under my hand this day of 19 .

[Principal Administrative Officer]

Form 1 was amended by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the words “Formation” and “formed” for the words “Creation” and “created”.

s 326(5)(b)

Pursuant to section 326(5)(b) of the Local Government Act 1974, I, the undersigned , hereby charge my estate or interest as [here describe the same] in [here describe land] with the payment to the [name of council] of [number] equal half-yearly payments of $ , each payable on the day of the months of in each year, the first payment to be made on the day of 19 , the charge to be a first charge upon my said estate and interest in priority to all estates, encumbrances, and interests created by me or any of my predecessors in title, as provided by the said Act; and I, the said , hereby covenant with the said council to pay to the council the said several instalments on the respective dates aforesaid.

Given under my hand this day of 19 .

s 330(4)

Schedules 10, 11, 12, and 13 were inserted, as from 1 April 1979, by section 3(1) Local Government Amendment Act 1978 (1978 No 43).

1

The council shall publish in the district a notice of its intention to fix the level, describing therein the road by name and situation, and the proposed level thereof, by reference to plans to be open for inspection at a place named in the notice.

2

The council shall in the notice appoint a day, not being less than 1 month after the publication of the notice, at which it will hear all objections to the proposed level by persons affected thereby.

3

The council shall forthwith after the publication of the notice serve a notice in the same form on the occupiers of all land adjoining that part of the road the level of which is proposed to be fixed and, in the case of any such land of which the occupier is not also the owner, on the owner also, so far as they can be ascertained.

4

All such objections must be in writing, addressed to and sent to the council not less than 10 days before the day of meeting hereinafter referred to.

5

The council shall hold a meeting on the day so notified, at which all persons having so made objections shall be entitled to be heard in support thereof.

6

At that meeting the council may, after considering all such objections, resolve to abandon the proposed level, or to adopt it with any alterations it thinks fit.

7

The council shall publicly notify the level so fixed, and shall in the notice refer to a plan to be deposited at the office of the council, and to be open for inspection.

ss 379, 380, 402, 426, 433, 445, 454, 477, 501B, 516, 522(1)(c), (d)

Schedules 14, 15, 16, and 17 were inserted, as from 1 April 1980, by section 6 Local Government Amendment Act 1979 (1979 No 59).
The Schedule heading was amended, as from 19 January 1981, by section 53(a) Local Government Amendment Act 1980 (1980 No 82) by inserting, after the expression “477”, the expression “501B”.
The Schedule heading was amended, as from 19 January 1981, by section 53(a) Local Government Amendment Act 1980 (1980 No 82) by inserting, after the words “drainage works”, the words “trade waste systems”.

1

Before interfering with any road or other work that is not under the control of the council for the purposes of constructing or maintaining waterworks or drainage works or trade wastes systems or drainage channels, or laying gas pipes, or electricity cables, or erecting poles, the council shall give not less than 1 month's notice in writing to the local authority or body having control of the road or work.
Clause 1 was amended, as from 19 January 1981, by section 53(c) Local Government Amendment Act 1980 (1980 No 82) by inserting the expression “or trade wastes systems”.

2

If that local authority or body objects to the interference, the matter shall be referred to a District Court, and the decision of the Court shall be final.
In clause (2) the words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate's Court” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

3

The council may at any time interfere with the road or work, so far as may be necessary to effect all necessary repairs in the waterworks or drainage works or trade wastes systems or drainage channels or gas pipes or electricity cables or poles, on giving to that local authority or body not less than 3 days' previous notice in writing of its intention to do so.
Clause 3 was amended, as from 19 January 1981, by section 53(d) Local Government Amendment Act 1980 (1980 No 82) by inserting the expression “or trade wastes systems”.

4

In any sudden emergency or danger to the waterworks or drainage works or trade wastes systems or drainage channels or gas pipes or electricity cables or poles or property adjoining, the council may, without any previous notice, proceed to effect the necessary repairs, but shall as soon as practicable thereafter inform the local authority or body.
Clause 4 was amended, as from 19 January 1981, by section 53(e) Local Government Amendment Act 1980 (1980 No 82) by inserting the expression “or trade wastes systems”.

5

The provisions of this Schedule shall, in relation to any public work that is a government work to which section 241 applies, be read subject to that section.

ss 627, 628, 630, 633(3), 635, 636(3)

[Repealed]

Schedule 15 was repealed, as from 15 September 1993, by section 24(2) Building Amendment Act 1993 (1993 No 99).

ss 426, 708

[Repealed]

Schedule 16 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

ss 2A, 2B(2)

[Repealed]

Schedule 17 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

s 707O(2)(a)

[Repealed]

Schedule 17A was repealed, as from 1 October 1998, by section 14(1)(a) Local Government Amendment Act 1998 (1998 No 89).

s 707ZZZC

[Repealed]

Schedule 17B was repealed, as from 1 July 2004, by section 48(1)(a) Local Government (Auckland) Amendment Act 2004 (2004 No 57).

s 725

[Repealed]

Schedule 18 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

s 726(1)

[Repealed]

Schedule 19 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84).

Infrastructure (Amendments Relating to Utilities Access) Act 2010

Public Act	2010 No 99
Date of assent	5 August 2010
Commencement	see section 2

1 Title

This Act is the Infrastructure (Amendments Relating to Utilities Access) Act 2010.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Transitional provision

28 Transitional provision

To avoid doubt, the amendments made by this Act are intended to apply prospectively only and do not apply to or affect any notice given, request made, condition proposed or agreed to, or any other thing done before this Act comes into force.

1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)

Notes

1 General

This is an eprint of the Local Government Act 1974. The eprint incorporates all the amendments to the Act as at 20 June 2011. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint

This eprint has not been officialised. For more information about eprints and officialisation, please see http://www.pco.parliament.govt.nz/eprints/ .

3 List of amendments incorporated in this eprint (most recent first)

Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 100(3)
Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3): section 128
Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1)
Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99): section 27
Unit Titles Act 2010 (2010 No 22): section 233(1)
Customs and Excise Amendment Act 2009 (2009 No 61): section 11(4)
Land Transport Amendment Act 2009 (2009 No 17): section 35(4)
Waste Minimisation Act 2008 (2008 No 89): section 61
Policing Act 2008 (2008 No 72): section 130(1)
Local Government Act 1974 Amendment Act 2008 (2008 No 63)
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)
Income Tax Act 2007 (2007 No 97): section ZA 2(1)
Local Government Act 2002 (2002 No 84): section 270

New Zealand Legislation

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Local Government Act 1974

Local Government Act 1974

Note

Contents

1 Short Title and commencement

2 Interpretation

2A Functions, powers, and duties of Minister of Local Government

2B Secretary for Local Government

Part 1The Local Government Commission

The Commission

3 Local Government Commission

4 Term of office of members

5 Extraordinary vacancies

6 Deputies of members

7 Deputy Chairman

8 Temporary members

8A Committees

9 Meetings

10 Remuneration, allowances, and expenses

11 Commission may co-opt specialist advice

11A Power of Commission to engage consultants

12 Officers of Commission

13 Commission to be a Commission of Inquiry

14 Evidence in proceedings before Commission

Functions and powers of Commission

15 Functions of Commission

15A Object

15B Duty of Commission to prepare final reorganisation schemes

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

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

15E Procedures for preparing final reorganisation schemes

Regional schemes

16 Commission may direct investigations

17 Regional schemes

18 Procedure for preparation of regional schemes

19 Holding of public meetings

20 Notice of provisional regional scheme

21 Objections to provisional regional scheme

22 Final regional scheme

23 Notice of final regional scheme

24 Minister may refer final scheme back to Commission for reconsideration

Reorganisation schemes

25 Matters which may be included in reorganisation schemes

26 Initiation of reorganisation schemes

26A Commission may decide not to proceed with proposal

27 Commission to endeavour to negotiate agreements

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

29 Conduct of survey

30 Action to be taken after survey taken

31 Fate of proposal after survey

32 Public notice of provisional reorganisation scheme

33 Objections to provisional reorganisation scheme

Matters common to regional and reorganisation schemes

34 Final reorganisation scheme

35 Supplementary provisions for giving effect to schemes

36 Effect to be given to final scheme

37 Provisions to be included in Order in Council

37A Appeal against determination of Commission

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

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

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

37E Apportionment of assets and liabilities

37F Apportionment of loan liabilities

37G Apportionment of petroleum tax revenue

37H Payment on transfer of trading undertaking

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

37HB Registers

Annual report

37I Annual report

Part 1APurposes and structure of local government

37J Commencement

37K Purposes of local government

37L Structure of local government

37M Cities

37N Unitary authorities

37O Regional boundaries

Part 1
The Local Government Commission

Part 1A
Purposes and structure of local government

Part 2A
Local Government Commission

Part 2AA
Appeals against decisions of commission

Part 2B
Initiation of reorganisation proposals

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