1 Title

2 Commencement

3 Purpose

4 Treaty of Waitangi

5 Interpretation

6 Meaning of council-controlled organisation and council organisation

7 Exempted organisations

8 Act binds the Crown

9 Outline of Part

10 Purpose of local government

11 Role of local authority

12 Status and powers

13 Performance of functions under other enactments

14 Principles relating to local authorities

15 Triennial agreements

16 Significant new activities proposed by regional council

17 Transfer of responsibilities

18 Responsibilities, powers, and duties of Minister

19 Secretary

20 Outline of Part

21 Local authorities

22 Minister is territorial authority in certain cases

23 Description of local government

24 Reorganisation proposals

25 Order in Council to give effect to reorganisation schemes

26 Power to amend reorganisation schemes

27 Application to be called city council or district council

28 Local Government Commission

29 Commission is body corporate with full powers

30 Functions and powers of Commission

31 Report to Minister on matters relating to local government

32 Review of operation of Act and Local Electoral Act 2001

33 Membership of Commission

34 Commission is Commission of Inquiry

35 Evidence before Commission

36 Further provisions relating to Commission and its proceedings

37 Appeals against decisions of Commission

38 Outline of Part

39 Governance principles

40 Local governance statements

41 Governing bodies

42 Chief executive

43 Certain members indemnified

44 Report by Auditor-General on loss incurred by local authority

45 Local authority to respond to Auditor-General

46 Members of local authority liable for loss

47 Members may be required to pay costs of proceeding in certain cases

48 Further provisions of Schedule 7

49 Establishment of community boards

50 Membership of community boards

51 Status of community boards

52 Role of community boards

53 Powers of community boards

54 Application of other provisions to community boards

55 Outline of Part

56 Consultation required before council-controlled organisation established

57 Appointment of directors

58 Role of directors of council-controlled organisations

59 Principal objective of council-controlled organisation

60 Decisions relating to operation of council-controlled organisations

61 Certain goods and services to be supplied under purchase contracts

62 Prohibition on guarantees, etc

63 Restriction on lending to council-controlled trading organisation

64 Statements of intent for council-controlled organisations

65 Performance monitoring

66 Half-yearly report

67 Annual report

68 Content of reports on operations of council-controlled organisations

69 Financial statements and auditor's report

70 Auditor-General is auditor of council-controlled organisations

71 Protection from disclosure of sensitive information

71A Application of Part to listed companies

72 Application of Act to related companies

73 Transfer of undertakings to council-controlled organisations

74 Official information

75 Outline of Part

76 Decision-making

77 Requirements in relation to decisions

78 Community views in relation to decisions

79 Compliance with procedures in relation to decisions

80 Identification of inconsistent decisions

81 Contributions to decision-making processes by Maori

82 Principles of consultation

83 Special consultative procedure

83A Combined or concurrent consultation

84 Special consultative procedure in relation to long-term council community plan

85 Use of special consultative procedure in relation to annual plan

86 Use of special consultative procedure in relation to making, amending, or revoking bylaws

87 Other use of special consultative procedure

88 Use of special consultative procedure in relation to change of mode of delivery of significant activity

89 Summary of information

90 Policy on significance

91 Process for identifying community outcomes

92 Obligation to report against community outcomes

93 Long-term council community plan

94 Audit of long-term council community plan

95 Annual plan

96 Effect of resolution adopting long-term council community plan or annual plan

97 Certain decisions to be taken only if provided for in long-term council community plan

98 Annual report

99 Audit of information in annual report and summary

100 Balanced budget requirement

101 Financial management

102 Funding and financial policies

103 Revenue and financing policy

104 Liability management policy

105 Investment policy

106 Policy on development contributions or financial contributions

107 Policy on partnerships with private sector

108 Policy on remission and postponement of rates on Maori freehold land

109 Rates remission policy

110 Rates postponement policy

111 Information to be prepared in accordance with generally accepted accounting practice

112 Interpretation

113 Prohibition on borrowing in foreign currency

114 Constraints on receiver

115 Rates as security

116 Register of charges maintained by local authority

117 Protected transactions

118 Certificate of compliance

119 Good faith in relation to protected transactions

120 Saving provision in respect of power of court

121 The Crown not liable for debts

122 Prospectuses and loan documents to contain statement that the Crown does not guarantee securities or loan

123 Outline of Part

124 Interpretation

125 Requirement to assess water and other sanitary services

126 Information required in assessment of water services

127 Information required in assessment of sanitary services

128 Process for making assessments

129 Extent of information in assessments

130 Obligation to maintain water services

131 Power to close down or transfer small water services

132 Eligibility to vote in referendum

133 Responsibility for conduct of referendum

134 Criteria for closure of water service

135 Criteria for transfer of water service

136 Contracts relating to provision of water services

137 Joint local government arrangements and joint arrangements with other entities

138 Restriction on disposal of parks (by sale or otherwise)

139 Protection of regional parks

139A Further provision in relation to regional parks

140 Restrictions on disposal of endowment property

141 Conditions applying to sale or exchange of endowment property

142 Obligation to provide free membership of libraries

143 Outline of Part

144 Bylaws Act 1910

145 General bylaw-making power for territorial authorities

146 Specific bylaw-making powers of territorial authorities

147 Power to make bylaws for liquor control purposes

148 Special requirements for bylaws relating to trade wastes

149 Power of regional councils to make bylaws

150 Fees may be prescribed by bylaw

151 General provisions applying to bylaws made under this Act

152 Effect of Building Act 2004 on bylaws

153 The Crown bound by certain bylaws

154 Power of exemption

155 Determination whether bylaw made under this Act is appropriate

156 Special consultative procedure must be used in making, amending, or revoking bylaw made under this Act

157 Public notice of bylaws and availability of copies

158 Review of bylaws made under this Act or the Local Government Act 1974

159 Further reviews of bylaws every 10 years

160 Procedure for and nature of review

160A Bylaw not reviewed within specified time frame revoked

161 Transfer of bylaw-making power

162 Injunctions restraining commission of offences and breaches of bylaws

163 Removal of works in breach of bylaws

164 Seizure of property not on private land

165 Seizure of property from private land

166 Conditions for exercise of warrant to seize property on private land

167 Return of property seized and impounded

168 Power to dispose of property seized and impounded

169 Powers of arrest, search, and seizure in relation to bylaw prohibiting liquor in public place

170 Conditions relating to power of search

171 General power of entry

172 Power of entry for enforcement purposes

173 Power of entry in cases of emergency

174 Authority to act

175 Power to recover for damage by wilful or negligent behaviour

176 Costs of remedying damage arising from breach of bylaw

177 Appointment of enforcement officer

178 Enforcement officers may require certain information

179 Contracting out administration of enforcement

180 Enforcement and administration of regional council bylaws

181 Construction of works on private land

182 Power of entry to check utility services

183 Removal of fire hazards

184 Rights and obligations if notice given under section 183(1)

185 Occupier may act if owner of premises makes default

186 Local authority may execute works if owner or occupier defaults

187 Recovery of cost of works by local authority

188 Liability for payments in respect of private land

189 Power to acquire land

190 Compensation payable by local authority for land taken or injuriously affected

191 Local authority not authorised to create nuisance

192 Wastage of water

193 Power to restrict water supply

194 Power to stop water services [Repealed]

195 Discharge of sewage

196 Discharge of trade wastes

197 Interpretation

198 Power to require contributions for developments

199 Basis on which development contributions may be required

200 Limitations applying to requirement for development contribution

201 Contents of development contributions policy

202 Contents of schedule to development contributions policy

203 Maximum development contributions not to be exceeded

204 Use of development contributions by territorial authority

205 Use of development contributions for reserves

206 Alternative uses of development contributions for reserves

207 Power to use money collected and held under Local Government Act 1974 or Resource Management Act 1991

208 Powers of territorial authority if development contributions not paid or made

209 Refund of money and return of land if development does not proceed

210 Refund of money or return of land if not applied to specified reserve purposes

211 Application of other Acts

212 Interpretation

213 Application of District Courts Rules to removal orders

214 Scope of rules made under section 213

215 Application for removal order

216 Circumstances when Court may make removal order

217 Right of objection

218 Consideration of objections

219 Appeal to High Court final

220 Compliance with removal order

221 Limits to power of entry to enforce compliance

222 Provisions of Resource Management Act 1991 and Building Act 2004 continue to apply

223 Relationship with Fencing Act 1978

224 Offence relating to water wastage

225 Offences relating to waterworks and network assets of Watercare Services Limited

226 Liability for cost of damage

227 Offences relating to water meters

228 Offences relating to water races

229 Obstruction of enforcement officers or agents of local authority

230 Offences by occupiers

231 Offences in relation to notices sent to occupiers or owners

232 Damage to local authority works or property

233 Offence relating to advertising

234 Unauthorised use of Coat of Arms

235 Offences by members of local authorities

236 Penalty for acting without warrant

237 Offence by member or officer of Remuneration Authority

238 Offence of failing to comply with Act

239 Offences punishable on summary conviction

240 Defence to offences under this Act

241 Laying of information

242 Penalties for offences

243 Interpretation

244 Proceedings for infringement offences

245 Issue of infringement notices

246 Entitlement to infringement fees

247 Proceedings in District Court

248 Judges not disqualified for being ratepayers

249 Representation of local authority in proceedings

250 Service of legal proceedings on local authority

251 Evidence of ownership, vesting, or control

252 Recovery of debts

253 Outline of Part

254 Minister may appoint review authority

255 Minister may appoint Commissioner to perform and exercise powers and duties of local authority or call general election

256 Minister may appoint person to act on behalf of local authority, or initiate review

257 Election called by Minister

258 Appointment of Commissioner and Deputy Commissioners for Disaster Recovery

259 Regulations

260 Amendment of Schedule 2 by Order in Council

261 Circumstances when Order in Council may extend time or validate action taken

262 Consequential amendments

263 Water services

264 Amendment to Personal Property Securities Act 1999

265 New Schedule added to Receiverships Act 1993

266 Repeals

267 Repeal of enactments relating to special consultative procedure

268 Repeal of Local Government (Prohibition of Liquor in Public Places) Amendment Act 2001

269 Repeal of spent local Acts

270 Repeal of provisions relating to regional parks of Wellington Regional Council

271 Lake Taupo Regulations 1976

272 Revocations

273 First triennial agreement

274 First local governance statement

275 First policy on appointment of directors

276 First statement of intent and report and accounts of existing local authority trading enterprises

277 First statement of intent of other council-controlled organisations

278 First policy on significance

279 Long-term council community plan

280 Long-term council community plan for period beginning on 1 July 2006

281 Annual plan

282 Certain decisions to be taken only if provided for in annual plan or special consultative procedure used

283 Annual reports

284 First annual plan

285 First assessment of water and sanitary services

286 Waste management plan

287 Special consultative procedure

288 Decision-making processes commenced before enactment

289 Special orders

289A Special orders on or after 1 July 2003

290 Development contributions

291 Reorganisation proposals

292 Existing charges

293 Bylaws

294 Standing orders

295 Communities and community boards

296 Chief executive

297 Members of Commission

298 Community trusts

299 Borrowing from sinking fund

300 Cancellation of part of loan in respect of which sinking fund is held

301 Consent required for release of sinking fund

302 Provisions relating to Public Trust and Board of Trustees of National Provident Fund

303 Public Bodies Leases Act 1969

304 Sale of land purchased for commercial or industrial purposes

305 Local Authorities (Employment Protection) Act 1963

306 Local Authorities Loans Act 1956

307 Existing proceedings

308 Existing causes of action

309 Saving

310 Saving in respect of bylaws of Transit New Zealand

311 Savings in respect of bylaws made in respect of Government roads

312 Savings and validation in respect of remuneration, allowances, and expenses of elected members

313 Saving in respect of Infrastructure Auckland

314 Prohibition of vehicles and consumption or possession of intoxicating liquor in public place