New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
activity means a good or service provided by, or on behalf of, a local authority or a council-controlled organisation; and includes—
(a) the provision of facilities and amenities; and
(b) the making of grants; and
(c) the performance of regulatory and other governmental functions
annual plan means an annual plan adopted under section 95
bylaw means a bylaw made by a local authority under any enactment
capital project has the meaning given to it in section 5 of the Local Government (Rating) Act 2002
Commission means the Local Government Commission continued under section 28
committee includes, in relation to a local authority,—
(a) a committee comprising all the members of that local authority; and
(b) a standing committee or special committee appointed by that local authority; and
(c) a joint committee appointed under clause 30 of Schedule 7; and
(d) any subcommittee of a committee described in paragraph (a) or paragraph (b) or paragraph (c)
community means, subject to subsection (2), a community constituted under Schedule 6
community board means a community board established under section 49
community facilities has the meaning set out in section 197
community infrastructure has the meaning set out in section 197
community outcomes, in relation to a district or region,—
(a) means the outcomes for that district or region that are identified as priorities for the time being through a process under section 91; and
(b) includes any additional outcomes subsequently identified through community consultation by the local authority as important to the current or future social, economic, environmental, or cultural well-being of the community
council-controlled organisation has the meaning set out in section 6
council-controlled trading organisation has the meaning set out in section 6
council organisation has the meaning set out in section 6
development contribution has the meaning set out in section 197
development contribution policy has the meaning set out in section 197
district means the district of a territorial authority
enforcement officer means a person appointed by a local authority to exercise the powers of an enforcement officer in relation to offences against, and infringement offences under, this Act, including enforcement of the bylaws of the local authority
financial year means a period of 12 months ending on 30 June
generally accepted accounting practice means—
(a) approved financial reporting standards (within the meaning of section 2(1) of the Financial Reporting Act 1993) so far as those standards apply to local authorities and council-controlled organisations; and
(b) in relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2(1) of the Financial Reporting Act 1993) and that are not subject to any applicable rule of law, accounting policies that—
(i) are appropriate to the local authority or council-controlled organisation; and
(ii) have authoritative support within the accounting profession in New Zealand
group of activities means 1 or more related activities provided by, or on behalf of, a local authority or council-controlled organisation
local authority means a regional council or territorial authority
local government organisation has the meaning set out in section 124
long-term council community plan means a long-term council community plan adopted under section 93
lump sum contribution has the meaning given to it in section 5 of the Local Government (Rating) Act 2002
mayor means the mayor of a territorial authority elected under the Local Electoral Act 2001
member,—
(a) in relation to a community board, means a member appointed to that board or elected to that board under the Local Electoral Act 2001:
(b) in relation to the Commission, means a member of the Local Government Commission:
(c) in relation to a local authority, means a member of the governing body of the local authority elected under the Local Electoral Act 2001:
(d) in relation to a regional council, means a member of the governing body of the regional council elected under the Local Electoral Act 2001, including the chairperson:
(e) in relation to a territorial authority, means a member of the governing body of the territorial authority elected under the Local Electoral Act 2001, including the mayor
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
network assets of Watercare Services Limited—
(a) means the network assets of Watercare Services Limited used in its provision of water supply; and
(b) includes—
(i) rivers, streams, lakes, waters, and underground waters, and rights relating to these; and
(ii) land, watershed, catchment, and water collection areas; and
(iii) any of the following that are vested in, or are acquired, constructed, or operated by, or are under the control of, Watercare Services Limited:
(A) reservoirs, dams, bores, tanks, and pipes; and
(B) buildings, machinery, and appliances
network infrastructure has the meaning set out in section 197
operating expenses and operating revenues have the same meaning as under generally accepted accounting practice
public notice, in relation to a notice given by a local authority,—
(a) means a notice published in—
(i) 1 or more daily newspapers circulating in the region or district of the local authority; or
(ii) 1 or more other newspapers that have at least an equivalent circulation in that region or district to the daily newspapers circulating in that region or district; and
(b) includes any other public notice that the local authority thinks desirable in the circumstances
publicly available, in relation to a document, has the meaning set out in subsection (3)
region—
(a) means the region of a regional council; and
(b) includes the district of a territorial authority, if the territorial authority is a unitary authority
regional council means a regional council named in Part 1 of Schedule 2
reorganisation proposal means a proposal initiated under section 24
reorganisation scheme means a reorganisation scheme within the meaning of clauses 18, 19, or 46 of Schedule 3
Secretary means the Secretary for Local Government
significance, in relation to any issue, proposal, decision, or other matter that concerns or is before a local authority, means the degree of importance of the issue, proposal, decision, or matter, as assessed by the local authority, in terms of its likely impact on, and likely consequences for,—
(a) the current and future social, economic, environmental, or cultural well-being of the district or region:
(b) any persons who are likely to be particularly affected by, or interested in, the issue, proposal, decision, or matter:
(c) the capacity of the local authority to perform its role, and the financial and other costs of doing so
significant, in relation to any issue, proposal, decision, or other matter, means that the issue, proposal, decision, or other matter has a high degree of significance
special consultative procedure means the procedure set out in section 83
strategic asset, in relation to the assets held by a local authority, means an asset or group of assets that the local authority needs to retain if the local authority is to maintain the local authority's capacity to achieve or promote any outcome that the local authority determines to be important to the current or future well-being of the community; and includes—
(a) any asset or group of assets listed in accordance with section 90(2) by the local authority; and
(b) any land or building owned by the local authority and required to maintain the local authority's capacity to provide affordable housing as part of its social policy; and
(c) any equity securities held by the local authority in—
(i) a port company within the meaning of the Port Companies Act 1988:
(ii) an airport company within the meaning of the Airport Authorities Act 1966
territorial authority means a city council or a district council named in Part 2 of Schedule 2
unitary authority means a territorial authority that has the responsibilities, duties, and powers of a regional council conferred on it under—
(a) the provisions of any Act; or
(b) an Order in Council giving effect to a reorganisation scheme
wastewater has the meaning given to wastewater services in section 124
water race means the land occupied by a water channel (other than a main river)—
(a) constructed—
(i) by or under the authority of a local authority:
(ii) in, upon, or through land for the supply of water; and
(b) to be used—
(i) solely or principally for farming purposes; or
(ii) in the case of an existing water race, for any other purpose for which water from that water race may be used at the commencement of this section; and
(c) includes—
(i) a branch of a water race taken or made through land for the purpose of supplying water as referred to in paragraph (b); and
(ii) an alteration, extension, or widening of a water race or branch water race, whether done by the local authority or by any person with the approval of the local authority; and
(iii) a flood or other bank, or a dam, sluice, flume, bridge, gauge, meter, reservoir, or other waterworks relating to, or forming part of, a water race; and
(iv) buildings and machinery, pipes, and other materials on the land and within the limits of a water race or relating to, or used in connection with, a water race
waterworks, in relation to the provision of water supply within and outside the district of a territorial authority,—
(a) includes—
(i) rivers, streams, lakes, waters, and underground waters, and rights relating to these; and
(ii) land, watershed, catchment, and water collection areas; and
(iii) if vested in a territorial authority, or acquired, constructed, or operated by, or under the control of, the territorial authority,—
(A) reservoirs, dams, bores, tanks, and pipes; and
(B) buildings, machinery, and appliances; but
(b) does not include the network assets of Watercare Services Limited
working day means a day of the week other than—
(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and
(b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and
(c) if 1 January falls on a Friday, the following Monday; and
(d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday.
(2) The meaning given to the term community by subsection (1) does not apply in relation to—
(a) section 3; or
(b) the definition of the term long-term council community plan; or
(d) any of the provisions of Schedules 10 and 11; or
(e) any other provisions of this Act in respect of which the context otherwise requires.
(3) If a local authority or a council-controlled organisation is required under this Act to make a document publicly available, it must take reasonable steps to—
(a) ensure that the document or a copy of the document is accessible to the general public; and
(b) publicise both the fact that the document is available and the manner in which copies of the document may be obtained.
Section 5(1) bylaw: inserted, on 28 June 2006, by section 4(1) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
Section 5(1) capital project: inserted, on 28 June 2006, by section 15(1) of the Local Government (Rating) Amendment Act 2006 (2006 No 28).
Section 5(1) community facilities: substituted, on 28 June 2006, by section 4(2) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
Section 5(1) lump sum contribution: inserted, on 28 June 2006, by section 15(1) of the Local Government (Rating) Amendment Act 2006 (2006 No 28).
Section 5(1) network assets of Watercare Services Limited: inserted, on 20 September 2007, by section 4 of the Local Government Act 2002 Amendment Act 2007 (2007 No 69).