1 Title
2 Commencement
Part 1
Preliminary provisions
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
Part 2
Purpose of local government, and role and powers of local authorities
9 Outline of Part
Subpart 1—Purpose of local government
10 Purpose of local government
Subpart 2—Role of local authorities and related matters
11 Role of local authority
11A Core services to be considered in performing role
12 Status and powers
13 Performance of functions under other enactments
14 Principles relating to local authorities
Subpart 3—Co-ordination of responsibilities of local authorities
15 Triennial agreements
16 Significant new activities proposed by regional council
17 Transfer of responsibilities
Subpart 4—Minister and Secretary
18 Responsibilities, powers, and duties of Minister
19 Secretary
Part 3
Structure and reorganisation of local government
20 Outline of Part
Subpart 1—Structure of local government
21 Local authorities
22 Minister is territorial authority in certain cases
23 Description of local government
Subpart 2—Reorganisation of local authorities
24AA Purpose of local government reorganisation
24 Scope of local government reorganisation
24A Transitional modification or suspension of certain statutory requirements after issue of final proposal for reorganisation
25 Order in Council to give effect to final proposals and reorganisation schemes
26 Power to amend reorganisation schemes
26A Duties of local authorities in relation to local government reorganisation
27 Application to be called city council or district council
27A Change of name of unitary authorities
27B Orders in Council to be published in Gazette
Subpart 3—Local Government Commission
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
31A Minister's expectations of Commission in relation to local government reorganisation
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
Part 4
Governance and management of local authorities and community boards
38 Outline of Part
Subpart 1—Local authorities
Governance and management
39 Governance principles
40 Local governance statements
Governing bodies and chief executives
41 Governing bodies
42 Chief executive
Other governance matters
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
Subpart 2—Community boards
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
Part 5
Council-controlled organisations and council organisations
55 Outline of Part
Establishment
56 Consultation required before council-controlled organisation established
Directors
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
Statements of intent
64 Statements of intent for council-controlled organisations
Monitoring and reporting
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
Transfer of undertakings
73 Transfer of undertakings to council-controlled organisations
Application of Local Government Official Information and Meetings Act 1987 and Ombudsmen Act 1975 to council-controlled organisations
74 Official information
Part 6
Planning, decision-making, and accountability
75 Outline of Part
Subpart 1—Planning and decision-making
Decision-making
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 Māori
Consultation
82 Principles of consultation
83 Special consultative procedure
83A Combined or concurrent consultation
84 Special consultative procedure in relation to long-term 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 [Repealed]
89 Summary of information
90 Policy on significance
Community outcomes
[Repealed]
91 Process for identifying community outcomes [Repealed]
92 Obligation to report against community outcomes [Repealed]
Planning
93 Long-term plan
94 Audit of long-term plan
95 Annual plan
96 Effect of resolution adopting long-term plan or annual plan
97 Certain decisions to be taken only if provided for in long-term plan
Subpart 2—Reporting
98 Annual report
99 Audit of information in annual report and summary
99A Pre-election report
Subpart 3—Financial management
100 Balanced budget requirement
101 Financial management
101A Financial strategy
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 [Repealed]
108 Policy on remission and postponement of rates on Māori freehold land
109 Rates remission policy
110 Rates postponement policy
111 Information to be prepared in accordance with generally accepted accounting practice
Subpart 4—Borrowing and security
112 Interpretation
Borrowing
113 Prohibition on borrowing in foreign currency
114 Constraints on receiver
115 Rates as security
116 Register of charges maintained by local authority
Protected transactions
117 Protected transactions
118 Certificate of compliance
119 Good faith in relation to protected transactions
120 Saving provision in respect of power of court
Miscellaneous provisions
121 The Crown not liable for debts
122 Prospectuses and loan documents to contain statement that the Crown does not guarantee securities or loan
Part 7
Specific obligations and restrictions on local authorities and other persons
123 Outline of Part
Subpart 1—Specific obligations to make assessments of water and sanitary services
124 Interpretation
125 Requirement to assess water and other sanitary services
126 Information required in assessment of water services [Repealed]
127 Information required in assessment of sanitary services [Repealed]
128 Process for making assessments [Repealed]
129 Extent of information in assessments [Repealed]
Subpart 2—Obligations and restrictions relating to provision of water services
130 Obligation to maintain water services
Closure or transfer of small 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
Contracting out of water services
136 Contracts relating to provision of water services
Joint local government arrangements and joint arrangements with other entities
137 Joint local government arrangements and joint arrangements with other entities
Subpart 3—Restrictions on disposal of parks, reserves, and endowment properties
Parks and reserves
138 Restriction on disposal of parks (by sale or otherwise)
139 Protection of regional parks
139A Further provision in relation to regional parks
Endowment property
140 Restrictions on disposal of endowment property
141 Conditions applying to sale or exchange of endowment property
Subpart 4—Public libraries
142 Obligation to provide free membership of libraries
Part 8
Regulatory, enforcement, and coercive powers of local authorities
Subpart 1—Powers of local authorities to make bylaws
143 Outline of Part
144 Bylaws Act 1910
Powers of territorial authorities to make bylaws
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
Power of regional councils to make bylaws
149 Power of regional councils to make bylaws
Power of local authorities to prescribe fees
150 Fees may be prescribed by bylaw
General provisions applying to bylaws made by a local authority
151 General provisions applying to bylaws made under this Act
152 Effect of Building Act 2004 on bylaws
The Crown bound by certain bylaws
153 The Crown bound by certain bylaws
154 Power of exemption
Procedure for making bylaws
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
Review of bylaws made under this Act or the Local Government Act 1974
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
Transfer of bylaw-making power
161 Transfer of bylaw-making power
Subpart 2—Enforcement powers
Injunctions
162 Injunctions restraining commission of offences and breaches of bylaws
Removal of works
163 Removal of works in breach of bylaws
Seizure of property
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
Powers of arrest, search, and seizure in relation to liquor
169 Powers of arrest, search, and seizure in relation to bylaw prohibiting liquor in public place
170 Conditions relating to power of search
Powers of entry
171 General power of entry
172 Power of entry for enforcement purposes
173 Power of entry in cases of emergency
174 Authority to act
Recovery for damage
175 Power to recover for damage by wilful or negligent behaviour
176 Costs of remedying damage arising from breach of bylaw
Administration of enforcement functions
177 Appointment of enforcement officer
Powers of enforcement officers
178 Enforcement officers may require certain information
Administration of enforcement may be contracted out
179 Contracting out administration of enforcement
Enforcement of regional council bylaws
180 Enforcement and administration of regional council bylaws
Subpart 3—Powers in relation to private land
Construction of works
181 Construction of works on private land
Powers of entry
182 Power of entry to check utility services
Powers relating to owners and occupiers of land
183 Removal of fire hazards
184 Rights and obligations if notice given under section 183(1)
Default by owner or occupier
185 Occupier may act if owner of premises makes default
186 Local authority may execute works if owner or occupier defaults
Recovery of costs
187 Recovery of cost of works by local authority
188 Liability for payments in respect of private land
Compulsory acquisition of land
189 Power to acquire land
190 Compensation payable by local authority for land taken or injuriously affected
Nuisance
191 Local authority not authorised to create nuisance
Subpart 4—Powers in relation to water services and trade wastes
Water supply
192 Wastage of water
193 Power to restrict water supply
194 Power to stop water services [Repealed]
Discharge of sewage and trade wastes
195 Discharge of sewage
196 Discharge of trade wastes
Subpart 5—Development contributions
197 Interpretation
Contributions may be required by territorial authorities
198 Power to require contributions for developments
199 Basis on which development contributions may be required
Conditions relevant to requirement for contributions
200 Limitations applying to requirement for development contribution
Development contributions policy
201 Contents of development contributions policy
202 Contents of schedule to development contributions policy
203 Maximum development contributions not to be exceeded
Use of development contributions
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
Powers to recover unpaid development contributions
208 Powers of territorial authority if development contributions not paid or made
Refund of development contributions
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
Subpart 6—Removal orders
212 Interpretation
Application of rules of court
213 Application of District Courts Rules to removal orders
214 Scope of rules made under section 213
Application for removal order
215 Application for removal order
Making of removal orders
216 Circumstances when court may make removal order
Objection to making of removal order
217 Right of objection
218 Consideration of objections
Right of appeal
219 Appeal to High Court final
Compliance with removal order
220 Compliance with removal order
221 Limits to power of entry to enforce compliance
Application of certain other Acts
222 Provisions of Resource Management Act 1991 and Building Act 2004 continue to apply
223 Relationship with Fencing Act 1978
Part 9
Offences, penalties, infringement offences, and legal proceedings
Subpart 1—Offences
Offences relating to water
224 Offence relating to water wastage
225 Offences relating to waterworks
226 Liability for cost of damage
Offences relating to water meters
227 Offences relating to water meters
Offences relating to water races and private drains
228 Offences relating to water races
Offence relating to obstruction of enforcement officers and others
229 Obstruction of enforcement officers or agents of local authority
Offences by occupiers or owners
230 Offences by occupiers
231 Offences in relation to notices sent to occupiers or owners
Offences relating to property damage
232 Damage to local authority works or property
Miscellaneous offences
233 Offence relating to advertising
234 Unauthorised use of coat of arms
Offences committed by members and officers of local authorities
235 Offences by members of local authorities
236 Penalty for acting without warrant
Offences committed by members and officers of Remuneration Authority
237 Offence by member or officer of Remuneration Authority
Offences against Act
238 Offence of failing to comply with Act
Offences against bylaws
239 Offences punishable on summary conviction
Defences
240 Defence to offences under this Act
Information laid by local authority
241 Laying of information
Subpart 2—Penalties
242 Penalties for offences
Subpart 3—Infringement offences
243 Interpretation
244 Proceedings for infringement offences
245 Issue of infringement notices
246 Entitlement to infringement fees
Subpart 4—Legal proceedings
Procedure
247 Proceedings in District Court
Judges not disqualified
248 Judges not disqualified for being ratepayers
Representation
249 Representation of local authority in proceedings
Service
250 Service of legal proceedings on local authority
Evidence
251 Evidence of ownership, vesting, or control
Recovery of debts
252 Recovery of debts
Part 10
Powers of Minister to act in relation to local authorities
253 Outline of Part
254 How this Part works
255 Application of this Part
256 Interpretation
Subpart 1—Ministerial powers of assistance and intervention
Minister may require information from local authority
257 Minister may require information
Minister may appoint Crown Review Team
258 Minister may appoint Crown Review Team
258A How Crown Review Team appointed
Minister may appoint Crown Observer
258B Minister may appoint Crown Observer
258C How Crown Observer appointed
Minister may appoint Crown Manager
258D Minister may appoint Crown Manager
258E How Crown Manager appointed
Minister may appoint Commission
258F Minister may appoint Commission
258G How Commission appointed
258H Application of this and other enactments during Commission's term of appointment
258I Minister may postpone general election when appointing Commission
258J Timing of election following postponed election
258K Local authority members remain in office but must not act during term of Commission
258L Extraordinary vacancy when Commission appointed or during term of Commission
Minister may call general election
258M Minister may call general election
Subpart 2—General provisions applying to Ministerial powers conferred under subpart 1
258N Minister may consult any person
258O Minister must publish list in Gazette
258P Minister must have regard to published list
258Q Notice to local authority of proposed appointment of Ministerial body
258R Notice to local authority of proposed general election
258S Notification of appointment of Ministerial body
258T Notification of change of membership of Ministerial body
258U Final report of Ministerial body
258V Remuneration and expenses of Ministerial appointees
258W Recovery of expenses from local authority
258X Minister may terminate Ministerial body or Ministerial appointee
258Y Protection from liability for Ministerial appointees
258Z Disclosure of information held by local authority
258ZA Decisions and directions of Crown Manager or Commission remain in force until local authority decides otherwise
Part 11
Regulations, other Orders in Council, and rules
Regulations
259 Regulations
259A Levy to fund rules for performance measures
259B Power to refund levy
259C Auditor-General must report on disclosures made under certain regulations
259D Regulations may incorporate financial reporting standards by reference
259E Effect of amendments to, or replacement of, standards incorporated by reference in regulations
259F Proof of standards incorporated by reference
259G Effect of expiry or revocation of standards incorporated by reference
259H Access to standards incorporated by reference
259I Acts and Regulations Publication Act 1989 not applicable to standards incorporated by reference
259J Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference
Other Orders in Council
260 Amendment of Schedule 2 by Order in Council
261 Circumstances when Order in Council may extend time or validate action taken
Rules for performance measures
261A Purpose of rules specifying performance measures
261B Secretary must make rules specifying performance measures
261C Status of rules
Incorporation by reference
261D Incorporation of documents by reference in rules
261E Proof of material incorporated by reference
261F Effect of change to, or expiry of, material incorporated by reference
261G Consultation on proposal to incorporate material by reference
261H Access to material incorporated by reference
Part 12
Consequential amendments, repeals, revocations, transitional provisions, and savings
Consequential amendments, repeals, and revocations
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
Transitional provisions
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 [Repealed]
280 Long-term plan for period beginning on 1 July 2006
281 Annual plan [Repealed]
282 Certain decisions to be taken only if provided for in annual plan or special consultative procedure used [Repealed]
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 [Repealed]
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
Savings
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 [Repealed]
314 Prohibition of vehicles and consumption or possession of intoxicating liquor in public place
Schedule 1
Acts under which responsibilities, powers, and duties are conferred or imposed on Minister of Local Government and Secretary for Local Government
Schedule 2
Local authorities
Schedule 3
Reorganisation of local authorities
Schedule 4
Provisions relating to Local Government Commission and its proceedings
Schedule 5
Appeals against decisions of Local Government Commission
Schedule 6
Constitution of communities
Schedule 7
Local authorities and community boards, and their members
Schedule 8
Statements of intent
Schedule 9
Council-controlled organisations and transfer of undertakings
Schedule 10
Long-term plans, annual plans, and annual reports
Schedule 11
Matters relating to rates relief on Māori freehold land
Schedule 12
Conditions of constructing or undertaking works on private land without the owner's consent
Schedule 13
Methodology for calculating development contributions
Schedule 14
Procedure for making removal orders
Schedule 15
Powers of Minister
[Repealed]
Schedule 16
Consequential amendments
Schedule 17
New Schedule of Receiverships Act 1993
Schedule 18
Enactments repealed
Schedule 19
Local Acts repealed
Schedule 20
Orders in Council revoked
Local Government Act 2002 Amendment Act 2006
Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008
Local Government Act 2002 Amendment Act 2010
Building Amendment Act 2012
Local Government Act 2002 Amendment Act 2012
Reprint notes