Local Government Amendment Act 1998

  • repealed
  • Local Government Amendment Act 1998: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Reprint
as at 1 November 2010

Local Government Amendment Act 1998

Public Act1998 No 89
Date of assent30 July 1998
  • Local Government Amendment Act 1998: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Department of Internal Affairs.


An Act to amend the Local Government Act 1974 for the purpose of making better provision in relation to the infrastructure of the Auckland Region by—

  • (a) Dissolving the Auckland Regional Services Trust, on 1 October 1998, and establishing, on that date, a body called Infrastructure Auckland, which is required to carry out its functions in the best interests of the inhabitants of the Auckland Region and which has among its functions—

    • (i) The making of grants to help fund projects or parts of projects in the Auckland Region; and

    • (ii) The management of its assets:

  • (b) Vesting in Infrastructure Auckland the assets of the Auckland Regional Services Trust other than—

    • (i) Its shares in Watercare Services Limited:

    • (ii) $10 million to be given to the Auckland Regional Council for the purposes of parks of regional significance in the Auckland Region:

    • (iii) $10 million to be divided among territorial authorities in the Auckland Region to be held in trust to be applied to significant projects in the Auckland Region in the area of arts and culture:

    • (iv) A piece of land called Pikes Point Walkway to be vested in the Auckland City Council:

  • (c) Vesting the shares in Watercare Services Limited in territorial authorities of the Auckland Region in proportion to their retail water connections and requiring those territorial authorities to retain those shares:

  • (d) Requiring the Auckland Regional Council to prepare and adopt an Auckland regional growth strategy:

  • (e) Dissolving, on 1 August 1998, the Auckland Community Trust:

  • (f) Cancelling the triennial general election of members of the Auckland Regional Services Trust that would otherwise be held on 10 October 1998:

  • (g) Making provision incidental to the abovementioned matters

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Local Government Amendment Act 1998, and is part of the Local Government Act 1974 (the principal Act).

    (2) Except as otherwise provided in this Act, this Act comes into force on the date on which this Act receives the Royal assent.

Cancellation of election of members of Auckland Regional Services Trust

2 Cancellation of 1998 triennial general election of members of Auckland Regional Services Trust
  • (1) No election of members of the Auckland Regional Services Trust may be held in the period commencing with the passing of this Act and ending with the close of 10 October 1998 (the date of the triennial general election of members of local authorities).

    (2) This section has effect notwithstanding anything in—

    • (a) The constitution of the Auckland Regional Services Trust; or

    • (b) The principal Act; or

    • (c) The Local Elections and Polls Act 1976.

Dissolution of Auckland Community Trust

3 Dissolution of Auckland Community Trust
  • (1) The Auckland Community Trust established under section 707ZW of the principal Act is dissolved as from the commencement of 1 August 1998.

    (2) On 1 August 1998,—

    • (a) All assets and liabilities of the Auckland Community Trust become assets and liabilities of the Auckland Regional Services Trust:

    • (b) All money payable to the Auckland Community Trust becomes payable to the Auckland Regional Services Trust:

    • (c) All proceedings pending by or against the Auckland Community Trust may be carried on, completed, or enforced by or against the Auckland Regional Services Trust.

    (3) Subject to subsection (4), on 1 August 1998, all property, real and personal, vested in the Auckland Community Trust as at the close of 31 July 1998, vests in the Auckland Regional Services Trust, subject to all existing encumbrances.

    (4) All property to which subsection (3) applies vests in the Auckland Regional Services Trust free of the trust imposed by section 707ZZA of the principal Act.

    (5) This section comes into force on 1 August 1998.

4 Final accounts of Auckland Community Trust
  • (1) As soon as reasonably practicable after the commencement of this section, the Auckland Regional Services Trust must cause to be prepared the final accounts of the Auckland Community Trust as at the close of 31 July 1998.

    (2) A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, must be sent by the Auckland Regional Services Trust to the Minister of Local Government.

    (3) A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, must be presented to the House of Representatives by the Minister of Local Government as soon as practicable after their receipt by that Minister.

    (4) This section comes into force on 1 August 1998.

5 Taxes and duties
  • (1) For the purposes of the Inland Revenue Acts (as defined in section 3 of the Tax Administration Act 1994),—

    • (a) The Auckland Community Trust and the Auckland Regional Services Trust are, in relation to all assets and liabilities that, by this Act, become assets and liabilities of the Auckland Regional Services Trust, deemed to be the same person:

    • (b) All transactions entered into by, and all acts of, the Auckland Community Trust before the commencement of this section, in relation to all assets and liabilities that, by this Act, become assets and liabilities of the Auckland Regional Services Trust, are deemed to have been entered into or performed by the Auckland Regional Services Trust on the date on which they were entered into or performed by the Auckland Community Trust.

    (2) This section comes into force on 1 August 1998.

6 Repeals
7 New heading and sections inserted
  • This section inserted ss 37SE to 37SH and the preceding heading of the principal Act.

8 New Part 44C inserted
9 Water services
  • [Repealed]

    Section 9 was repealed, as from 1 October 1998, by section 14(1)(o) Local Government Amendment Act 1998 (1998 No 89).

10 New Schedule 17B inserted

Amendments to Ombudsmen Act 1975

11 Schedule 1 amended

Amendment to Transit New Zealand Act 1989

12 Grants from Infrastructure Auckland
  • (1) The Transit New Zealand Act 1989 is amended by inserting, after section 104, the following section:

    104A
    • (1) Notwithstanding any other provision of this Act or any provision of any other Act, for the purpose of obtaining funding for a project or part of a project that—

      • (a) Consists primarily of roading; and

      • (b) Is a capital project within the meaning of any of the provisions of subparagraphs (ii) to (iv) of paragraph (b) of the definition of the term capital project; and

      • (c) Is carried out by the Authority in the region in respect of which the Auckland Regional Council is constituted,—

      the Authority may, in accordance with Part 44C of the Local Government Act 1974, apply for, and obtain and expend, a grant from Infrastructure Auckland.

      (2) Money received by the Authority by way of grant from Infrastructure Auckland—

      • (a) Is not roading revenue within the meaning of section 8; and

      • (b) Is money that may be paid into the State Highways Account (even though it is not money that is required by section 20(3) to be paid into that account); and

      • (c) Is money that may be applied only for the purpose for which that money is granted.

      (3) No money paid into the State Highways Account under subsection (2)(b) may, under subsection (2)(c), be paid, in accordance with Part 44C, for the purpose in respect of which it is granted unless the price of the project in respect of which it is to be paid has been determined by an applicable competitive pricing procedure approved by the Board under section 26, and no such money may be paid to any local authority.

      (4) Nothing in this section requires the Authority to obtain the approval of the Board for expenditure under this section.

    (2) This section comes into force on 1 October 1998.

13 Definitions
  • [Repealed]

    The heading Amendment to Income Tax Act 1994 preceding section 13 was repealed, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35).

    Section 13 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

Repeals, consequential amendment, and revocations

14 Repeals
15 Application of provisions to Auckland Regional Council
  • (1) Section 707A of the principal Act (as substituted by section 67(1) of the Local Government Amendment Act 1992) is amended by omitting from subsection (2) the expression Part XLIVB, and substituting the expression Part 44C.

    (2) This section comes into force on 1 October 1998.

16 Revocations
  • (1) The following determination and order are revoked:

    • (a) The Local Government (Auckland Regional Services Trust Salaries and Allowances) Determination 1996 (SR 1996/319):

    • (b) The Local Government (Watercare Services Limited) Order 1997 (SR 1997/103).

    (2) This section comes into force on 1 October 1998.


Schedule
New Schedule 17B of principal Act

Section 10; Section 707ZZZC

Schedule 17B
Provisions relating to Infrastructure Auckland

1 Extraordinary vacancies
  • (1) Any member of Infrastructure Auckland may at any time be removed from office by the Electoral College for disability affecting performance of duty, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Electoral College.

    (2) Any member of Infrastructure Auckland may at any time resign his or her office by writing addressed to the Electoral College.

    (3) If any member of Infrastructure Auckland dies, or resigns, or is removed from office or ceases to hold any qualification necessary for his or her appointment to office as a member of Infrastructure Auckland, his or her office becomes vacant and the vacancy is deemed to be an extraordinary vacancy.

    (4) An extraordinary vacancy must be filled in the manner in which the appointment to the vacant office was originally made.

    (5) Every person appointed to fill an extraordinary vacancy must be appointed for the residue of the term for which the vacating member was appointed.

2 Committees
  • (1) Infrastructure Auckland may from time to time appoint, discharge, alter, or continue, or reconstitute committees comprising 2 or more members of Infrastructure Auckland, of whom 1 must be appointed as the chairperson of the committee.

    (2) Infrastructure Auckland may refer to any committee appointed by it under this clause any matter relevant to the performance of its functions, and may delegate to any such committee any of the functions, powers, or duties conferred or imposed upon Infrastructure Auckland by this Act or any other enactment, except the power to delegate any function, duty, or power.

    (3) Subject to any general or special directions given or conditions attached by Infrastructure Auckland, any functions, powers, or duties delegated to a committee may be performed and exercised by the committee with the same effect as if those functions, powers, or duties had been directly conferred or imposed and not by delegation.

    (4) Every committee purporting to act under any delegation under this clause is presumed, in the absence of proof to the contrary, to be acting in accordance with the terms of the delegation.

    (5) Every delegation under this clause is revocable at will, and no delegation prevents the performance or exercise of any function, duty, or power by Infrastructure Auckland.

    (6) Until any delegation under this clause is revoked, it continues in force, notwithstanding any change in the membership of Infrastructure Auckland or of the committee.

3 Chairperson
  • (1) The Electoral College must appoint 1 of the members of Infrastructure Auckland to be the chairperson of Infrastructure Auckland.

    (2) The chairperson holds office as such until the chairperson's successor is appointed or the chairperson sooner ceases to be a member of Infrastructure Auckland.

    (3) If a vacancy occurs in the office of chairperson, the Electoral College must, at its first meeting after the vacancy occurs, elect some other member of Infrastructure Auckland to be chairperson.

4 Meetings
  • (1) Meetings of Infrastructure Auckland or any committee appointed by it, are to be held at such times and places as Infrastructure Auckland or its chairperson or the committee or its chairperson, as the case may be, appoints.

    (2) At every meeting of Infrastructure Auckland or any committee appointed by it the quorum is—

    • (a) Half of the members, if the number of members (excluding vacancies) is even:

    • (b) A majority of the members, if the number of members (excluding vacancies) is odd.

    (3) At all meetings of either Infrastructure Auckland or a committee of Infrastructure Auckland the presiding member must be, respectively, the chairperson of Infrastructure Auckland or the chairperson of the committee if he or she is present. If he or she is not present, the members present must elect 1 of their number to preside at the meeting, and the member presiding has all the powers of the chairperson for the purpose of that meeting.

    (4) Every question before Infrastructure Auckland or any committee is to be determined by a majority of the votes of the members present at the meeting.

    (5) The presiding member has a deliberative vote, and, in any case where there are more than 2 members voting and there is an equality of votes, also has a casting vote.

    (6) Subject to this Act and, in the case of a committee, subject to any directions by Infrastructure Auckland, Infrastructure Auckland and any committee may regulate their procedures in such manner as they think fit.

5 Employees
  • (1) Subject to this clause, Infrastructure Auckland may from time to time appoint a person to be the chief executive of Infrastructure Auckland and may appoint a temporary chief executive during the temporary absence of the chief executive.

    (2) No person may be employed by Infrastructure Auckland while that person is a member of Infrastructure Auckland or a member or employee of any local authority that is wholly or partly within the Auckland Region.

    (3) Subject to section 707ZZM(2), the chief executive may from time to time appoint such employees (including employees on secondment from other organisations and acting, temporary, or casual employees) as the chief executive thinks necessary for the efficient performance and exercise of the functions and powers of Infrastructure Auckland.

    (4) Infrastructure Auckland may at any time terminate or suspend the employment of the chief executive and the chief executive may terminate or suspend the employment of any employee appointed under subclause (3) by the chief executive.

    (5) The employees of Infrastructure Auckland are to be employed on such terms and conditions of employment and are to be paid such salaries and allowances as, in the case of the chief executive or any temporary chief executive, Infrastructure Auckland from time to time determines, and as, in any other case, the chief executive or temporary chief executive from time to time determines.

    (6) Any determination under subclause (4) takes effect on such date (whether the date of the determination or any earlier or later date) as may be specified in the determination, or, if no date is so specified, on the date of determination.

6 Specialist advice
  • Infrastructure Auckland may invite any person or body who or which, in the opinion of Infrastructure Auckland, has specialist knowledge that is likely to be of assistance to Infrastructure Auckland to attend any meeting or discussion held by Infrastructure Auckland and to take part in the proceedings.

    Compare: 1974 No 66 Schedule 3A, cl 5

7 Consultants
  • (1) Infrastructure Auckland may engage such consultants as it thinks necessary or desirable to assist it to carry out its functions.

    (2) Infrastructure Auckland may pay to any person engaged under subclause (1), for services rendered by that person, such fees or commissions or both as it thinks fit, and may reimburse any such person for expenses reasonably incurred in rendering services to Infrastructure Auckland.

8 Investment of money
  • Any money which belongs to Infrastructure Auckland and which is not immediately required by Infrastructure Auckland may be invested—

    • (a) On deposit with any bank which is operating in New Zealand and which is a bank within the meaning of the Public Finance Act 1989; or

    • (b) In public securities within the meaning of the Public Finance Act 1989.


Contents

  • 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 Amendment Act 1998. The eprint incorporates all the amendments to the Act as at 1 November 2010. 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
3 List of amendments incorporated in this eprint (most recent first)
  • Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1)