Local Government Amendment Act (No 3) 1977

Local Government Amendment Act (No 3) 1977

Public Act1977 No 122
Date of assent18 January 1978

Note

This Act is administered in the Department of Internal Affairs.


An Act to amend the Local Government Act 1974

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Local Government Amendment Act (No 3) 1977, and shall be read together with and deemed part of the Local Government Act 1974 (hereinafter referred to as the principal Act).

    (2) This Act shall come into force on the 1st day of April 1978.

Part 1
New Parts 2 to 17 of principal Act

2

Part 2
Miscellaneous provisions

3
  • [Repealed]

    Sections 3 to 6 were repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).

4
  • [Repealed]

    Sections 3 to 6 were repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).

5
  • [Repealed]

    Sections 3 to 6 were repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).

6
  • [Repealed]

    Sections 3 to 6 were repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).

7
8 Repeals and revocations
  • (1) The enactments specified in Schedule 4 to this Act are hereby repealed.

    (2) The following Orders are hereby revoked:

    • (a) The Local Authorities (Petroleum Tax) Representation Order 1971 (SR 1971/77):

    • (b) The Local Authorities (Petroleum Tax) Representation Order (No 2) 1971 (SR 1971/100).

    (3) Every reference to any provision of the Municipal Corporations Act 1954 or the Counties Act 1956 or of any amendment of either of those Acts repealed by this section for which there is a corresponding provision in any Part of the principal Act substituted by section 2 of this Act shall, after the commencement of this Act, be read as a reference to that corresponding provision.

    (4) [Repealed]

    Subsection (4) was inserted, as from 1 April 1980, by section 9(9) Local Government Amendment Act 1979 (1979 No 59).

    Subsection (4) was repealed, as from 5 May 1988, by section 5(h) Petroleum Sector Reform Act 1988 (1988 No 95).

9 Transitional provisions
  • (1) Every region constituted under the principal Act existing at the commencement of this Act shall be deemed to be a region constituted under Part 2 of the principal Act (as substituted by section 2 of this Act).

    (2) The combining of 2 or more constituent authorities of a united council made under section 43(3) of the principal Act and in force at the commencement of this Act shall continue in force for the purposes of the principal Act as if it had been made under the said Part 2 of the principal Act.

    (3) Every district of a territorial authority existing at the commencement of this Act shall be deemed to be a district constituted under the said Part 2 of the principal Act.

    (4) With respect to the enactments repealed by section 8(1) of this Act, the following provisions shall apply:

    • (a) The Corporation of each district as subsisting at the commencement of this Act shall be the same Corporation under the principal Act, and, subject to the provisions of the principal Act as amended by this Act, shall retain its property and liabilities and powers, and all existing contracts (including contracts of service) and engagements of the Corporation shall be enforceable by and against it:

    • (b) Every council shall continue to have control over all property previously controlled by it:

    • (c) Until the first election or appointment of members of a council under Part 3 of the principal Act (as enacted by section 2 of this Act), the number of such members fixed by any law in force immediately before the commencement of this Act for each district and the respective wards thereof respectively, shall remain unaltered.

    (5) Every person who immediately before the commencement of this Act was the holder of the office of—

    • (a) Mayor or Deputy Mayor of a borough pursuant to the Municipal Corporation Act 1954; or

    • (b) Chairman of a town district pursuant to the Municipal Corporations Act 1954; or

    • (c) Chairman or Deputy Chairman of a county pursuant to the Counties Act 1956; or

    • (d) Chairman or Deputy Chairman of a regional council or united council pursuant to the principal Act; or

    • (e) Chairman or Deputy Chairman or Mayor or Deputy Mayor, as the case may be, of a district council pursuant to the principal Act; or

    • (f) Chairman or Deputy Chairman of a community council or district community council pursuant to the principal Act—

    shall, unless his office is sooner vacated for any reason, continue to hold that office until his successor is elected or appointed and comes into office:

    Provided that notwithstanding the repeal of sections 67 and 77 of the Counties Act 1956 by section 8(1) of this Act, subsection (1) of the said section 67 and the said section 77 shall continue to apply until the date of the first general election of members of local authorities held after the commencement of this Act.

    (6) Every reference to the Corporation of a borough or city under the style of The Mayor, Councillors, and Citizens of the Borough (or City) of [Name] in any Act, regulation, order, or bylaw, or in any agreement, deed, instrument, certificate of title, application, notice, or document whatsoever, shall, after the commencement of this Act, be read as a reference to that Corporation under the style of The [Name of borough or city] Borough (or City) Council.

    (7) Every reference to the Corporation of a county under the style of The Chairman, Councillors and Inhabitants of the County of [Name of county] in any Act, regulation, order, or bylaw, or in any agreement, deed, instrument, certificate of title, application, notice, or document whatsoever, shall, after the commencement of this Act, be read as a reference to that Corporation under the style of The [Name of county] County Council.

    (8) Every reference to the Corporation of the district of a district council under the style of The Mayor (or Chairman), Councillors and Citizens (or Inhabitants) of the District of [Name] in any Act, regulation, order, or bylaw, or in any agreement, deed, instrument, certificate of title, application, notice, or document whatsoever, shall, after the commencement of this Act, be read as a reference to that Corporation under the style of The [Name of district] District Council.

    (9) Every reference to the Corporation of a town district under the style of The Chairman, Councillors, and Citizens of the Town District of [Name] in any Act, regulation, order, or bylaw, or in any agreement, deed, instrument, certificate of title, application, notice, or document whatsoever, shall, after the commencement of this Act, be read as a reference to that corporation under the style of The [Name] Town Council.

    (10) Every city existing immediately before the commencement of this Act shall continue to be a city as if it had been proclaimed as such under section 51 of the principal Act (as enacted by section 2 of this Act).

    (11) Every ward of a borough or of the district of a district council existing at the commencement of this Act is hereby declared to be a ward of that borough or district under the principal Act.

    (12) Every riding of a county or of the district of a district council existing at the commencement of this Act is hereby declared to be a riding of that county or district under the principal Act.

    (13) Every division of a district for financial purposes existing at the commencement of this Act is hereby declared to be a division of the district for financial purposes under the principal Act.

    (14) Every community constituted or deemed to be a community under the principal Act and existing immediately before the commencement of this Act shall be deemed to be a community constituted under Part 2 of the principal Act (as substituted by section 2 of this Act).

    (15) Commissioners of any Depreciation Fund appointed under Part 11 of the Municipal Corporations Act 1954 or Part 11 of the Counties Act 1956 and holding office immediately before the commencement of this Part of this Act shall, notwithstanding the repeal of those Parts by section 8(1) of this Act, but subject to section 213 of the principal Act (as enacted by section 2 of this Act), continue in office as Commissioners of that Depreciation Fund after the commencement of this Act, and sections 131 to 139 of the Municipal Corporations Act 1954 or, as the case may be, sections 155 to 163 of the Counties Act 1956 shall continue to apply with respect to that Depreciation Fund and those Commissioners as if they had not been repealed.

    (16) Every reference in any other Act to a county borough or a county borough council or to a county town or a county town committee shall, after the commencement of this Act, be read as a reference to a community or, as the case may be, to a district community council or community council, as the case may require.

    (17) Every reference to the Town Clerk or County Clerk in any other Act or in any regulation, order, or bylaw, or in any agreement, deed, instrument, application, notice, or document in force at the commencement of this Act shall, after the commencement of this Act, be read as a reference to the principal administrative officer.

    (18) Every special order made under any enactment repealed by this Act and in force at the commencement of this Act shall continue in force after the commencement of this Act, as if it had been made under the corresponding provision of the principal Act as enacted by section 2 of this Act.

    (19) Every reference to sanitary drainage or to a sanitary drain in any provision of the Municipal Corporations Act 1954 or the Counties Act 1956 that is in force at the commencement of this Act shall, after the commencement of this Act, be read as a reference to sewerage drainage or, as the case may be, to a sewerage drain.

    (20) Every reference to the General and Separate Rates and General Appropriations Account in any Act, regulation, order, rule, bylaw, book, account, or document whatsoever in force at the commencement of this Act shall, after the commencement of this Act, be read as a reference to the Rates and Appropriations Account.

    (21) The Local Government Accounting Regulations 1974 (SR 1974/83) and the Local Government Accounting Regulations 1974, Amendment No 1 (SR 1976/298), shall continue in force after the commencement of this Act as if they had been made under section 639 of the principal Act (as renumbered by section 6(1) of this Act).

    (22) The Local Government (Remuneration and Allowances) Order 1977 (SR 1977/304) shall have effect after the commencement of this Act as if it were a notice issued by the Minister under section 214 of the principal Act (as enacted by section 2 of this Act. In clause 5 of that Order the term committee includes and shall be deemed always to have included a subcommittee appointed by a territorial authority or by any committee of a territorial authority.

    Subsection (22) was amended, as from 1 April 1979, by section 4(8) Local Government Amendment Act 1978 (1978 No 43) by adding the words In clause 5 of that Order the term committee includes and shall be deemed always to have included a subcommittee appointed by a territorial authority or by any committee of a territorial authority. See section 4 of that Act for the repeals and savings provisions.


Schedule 1

Section 6

[Repealed]

  • Schedule 1 was repealed, as from 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

Schedule 2
New Schedules 4, 5, 6, 7, 8, and 9 to principal Act

Section 7(1)

Schedule 3
Enactments amended

Section 7(2), (3)

  • Part 2 of Schedule 3 was amended, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84) by omitting so much as relates to the Finance Act (No 2) 1941. See sections 273 to 314 of that Act as to the savings and transitional provisions.

Schedule 4
Enactments repealed

Section 8(1)

  • 1954, No 76—The Municipal Corporations Act 1954: Parts 1 to 14, sections 358, 360, 360A, 401, 402, 403, and 408, and Schedules 3, 4, and 5. (Reprinted 1969, Vol 4, p 2439.)

  • 1956, No 64—The Counties Act 1956: Parts I to XIV, subsections (2) and (3) of section 231, sections 232, 232A, 232B, and 284(3), subsections (1) and (2) of section 284A, sections 374, 374A, 376, 380, 438, 439, 440, 445, and 447, and the First and Second Schedules. (Reprinted 1969, Vol 2, p 1077.)

  • 1957, No 45—The Counties Amendment Act 1957. (Reprinted 1969, Vol 2, p 1342.)

  • 1957, No 63—The Municipal Corporations Amendment Act 1957. (Reprinted 1969, Vol 4, p 2730.)

  • 1959, No 91—The Municipal Corporations Amendment Act 1959: Sections 3, 4, 7, 8, and 10 to 13. (Reprinted 1969, Vol 4, p 2732.)

  • 1959, No 98—The Public Bodies Contracts Act 1959: So much of Schedule 2 as relates to the Municipal Corporations Act 1954 and the Counties Act 1956. (Reprinted 1975, Vol 3, p 2251.)

  • 1960, No 73—The Municipal Corporations Amendment Act 1960. (Reprinted 1969, Vol 4, p 2735.)

  • 1961, No 60—The Municipal Corporations Amendment Act 1961: Sections 2, 3, 5, 7, and 11. (Reprinted 1969, Vol 4, p 2736.)

  • 1961, No 131—The Counties Amendment Act 1961: Sections 2, 3, 5(2), 7 to 11, and 57 to 60. (Reprinted 1969, Vol 2, p 1343.)

  • 1962, No 38—The Counties Amendment Act 1962: Section 2. (Reprinted 1969, Vol 2, p 1412.)

  • 1963, No 18 (Local)—The Auckland Regional Authority Act 1963: Section 55 (as substituted by section 5 of the Auckland Regional Authority Amendment Act 1975.)

  • 1964, No 119—The Municipal Corporations Amendment Act 1964: Sections 2, 4 to 8, 10, and 35. (Reprinted 1969, Vol 4, p 2739.)

  • 1964, No 129—The Counties Amendment Act 1964: Sections 2, 3, 5 to 8, 10 to 13, and 18. (Reprinted 1969, Vol 2, p 1413.)

  • 1965, No 76—The Counties Amendment Act 1965: Section 2(1). (Reprinted 1969, Vol 2, p 1416.)

  • 1966, No 52—The Municipal Corporations Amendment Act 1966: Section 3. (Reprinted 1969, Vol 4, p 2742.)

  • 1966, No 56—The Counties Amendment Act 1966. (Reprinted 1969, Vol 2, p 1416.)

  • 1967, No 123—The Rating Act 1967: So much of Schedule 3 as relates to the Counties Act 1956.

  • 1968, No 123—The Municipal Corporations Amendment Act 1968: Sections 2(2), 3 to 11, and 13. (Reprinted 1969, Vol 4, p 2743.)

  • 1968, No 124—The Counties Amendment Act 1968: Sections 2(2), 3 to 12, paragraphs (b) and (c) of section 13, and sections 15 and 28. (Reprinted 1969, Vol 2, p 1417.)

  • 1969, No 30—The Counties Amendment Act 1969: Sections 2 to 4. (Reprinted 1969, Vol 2, p 1444.)

  • 1969, No 98—The Municipal Corporations Amendment Act 1969. (Reprinted 1969, Vol 4, p 2746.)

  • 1969, No 141—The Public Bodies Leases Act 1969: So much of Schedule 3 as relates to the Municipal Corporations Act 1954 and the Counties Act 1956.

  • 1970, No 134—The Local Authorities (Petroleum Tax) Act 1970.

  • 1971, No 62—The Municipal Corporations Amendment Act 1971: Sections 2 to 7, 9 to 15, and 43.

  • 1971, No 63—The Counties Amendment Act 1971: Sections 2, 4 to 10, 12 to 19, and 38.

  • 1972, No 131—The Municipal Corporations Amendment Act 1972: Sections 2 and 3, and so much of the Schedule as relates to sections 4, 8, 95, and 103 of the Municipal Corporations Act 1954.

  • 1972, No 132—The Counties Amendment Act 1972: Sections 9 and 10, so much of Schedule 2 as relates to the Municipal Corporations Act 1954, and so much of Part 1 of Schedule 3 as relates to sections 118, 125, and 232A of the Counties Act 1956.

  • 1973, No 71—The Local Authorities (Petroleum Tax) Amendment Act 1973.

  • 1974, No 8—The Counties Amendment Act 1974: Sections 2, 3, 4, 8, 9(1), 11, 13, 14, and 16, so much of Part 1 of Schedule 1 as relates to Part 8 and sections, 100, 109, 116, 132, 134, 135, 143C, 148, 164, 166, and 380 of the Counties Act 1956, and Part 1 of Schedule 2.

  • 1974, No 9—The Municipal Corporations Amendment Act 1974: Sections 2, 3, 4, 8, 10 to 13, and 15, and so much of the Schedule as relates to section 48, Part 8, and sections 86, 120C, 121, 123, and 140 of the Municipal Corporations Act 1954.

  • 1974, No 66—The Local Government Act 1974: Sections 25(3), 75, 99, 100(4), Part 4, 140, 141, 142, 143, 145, 146, 148 to 150, 154 to 157, 159 to 172, and 174 to 182, section 190, and so much of Schedule 3 as relates to the Counties Act 1956 and the Local Authorities (Petroleum Tax) Act 1970.

  • 1974, No 98—The Local Authorities (Petroleum Tax) Amendment Act 1974.

  • 1975, No 2—The Municipal Corporations Amendment Act 1975: Sections 3 to 5.

  • 1975, No 8—The Counties Amendment Act 1975: Sections 4 to 6.

  • 1975, No 66—The Counties Amendment Act (No 2) 1975.

  • 1975, No 86—The Local Government Amendment Act 1975: Section 3.

  • 1975, No 93—The Municipal Corporations Amendment Act (No 3) 1975.

  • 1975, No 10 (Local)—The Auckland Regional Authority Amendment Act 1975: Section 5.

  • 1976, No 55—The Local Government Amendment Act 1976: Sections 9 to 14, and 17 to 21.

  • 1976, No 57—The Municipal Corporations Amendment Act 1976: Sections 2, 3, 4, 6, 7, and 9, and the Schedule.

  • 1976, No 58—The Counties Amendment Act 1976: Sections 2, 3, 5, 6, and 8, and the Schedule.

  • 1976, No 144—The Local Elections and Polls Act 1976: Section 109.

  • 1977, No 6—The Local Government Amendment Act 1977: Section 3.

  • 1977, No 65—The Public Finance Act 1977: Sections 121 and 145 and so much of Schedule 3 as relates to the Local Government Act 1974.