Local Government Act 2002

259 Regulations

• (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

  • (a) prescribing breaches of bylaws that are infringement offences under this Act:

  • (b) prescribing infringement fees (not exceeding $1,000) for infringement offences:

  • (c) prescribing infringement notice forms:

  • (d) prescribing forms to be used—

    • (i) in petitions and polls in relation to final proposals for local government reorganisation under Schedule 3:

    • (ii) for any other matter for which forms are required under this Act:

  • (da) prescribing matters, not inconsistent with generally accepted accounting practice, that must be specified in a financial statement and the manner in which they must be specified:

  • (db) prescribing forms for the funding impact statements to be included in the long-term plan, annual plan, and annual report:

  • (dc) prescribing parameters or benchmarks for assessing whether a local authority is prudently managing its revenues, expenses, assets, liabilities, investments, and general financial dealings:

  • (dd) prescribing the manner in which a local authority must disclose, in 1 or more of its long-term plan, annual plan, and annual report,—

    • (i) the planned performance of the local authority against parameters and benchmarks prescribed in regulations made under paragraph (dc):

    • (ii) the actual performance of the local authority against parameters and benchmarks prescribed in regulations made under paragraph (dc):

  • (e) providing for such matters as are contemplated by, or necessary for giving full effect to, this Act and for its due administration.

  (2) Regulations made under subsection (1)(db) may specify in greater detail the information required to be included in a funding impact statement by Schedule 10.

  (3) Regulations made under subsection (1)(dc) may—

  • (a) prescribe parameters or benchmarks in any manner, including by—

    • (i) reference to fixed terms (for example, the debt of a local authority in a financial year, generally, should not exceed a fixed sum per resident):

    • (ii) the use of ratios, factors, or other relative terms (for example, the expenditure of a local authority in a financial year, generally, should not increase by more than the ratio of population growth multiplied by the rate of increase of the Consumers Price Index):

    • (iii) reference to circumstances, statistics, or other publicly available information, whether only concerning local authorities and their districts and regions or otherwise; and

  • (b) prescribe parameters or benchmarks in a way that differentiates between different types or classes of local authority (for example, regional councils, territorial authorities, and local authorities with a population, assets, or an average income of its population over or under a specified figure); and

  • (c) prescribe parameters or benchmarks in a way that includes or excludes subsidiaries, including council-controlled organisations, council-controlled trading organisations, and council organisations, of a local authority.

  (4) The Minister may recommend the making of regulations under subsection (1)(dc) only if the content of the recommendation has been developed in consultation with the New Zealand Local Government Association Incorporated.

  Compare: 1974 No 66 s 37ZZZI

  Section 259(1)(d)(i): replaced, on 5 December 2012, by section 32(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

  Section 259(1)(da): inserted, on 27 November 2010, by section 39(1) of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

  Section 259(1)(db): inserted, on 27 November 2010, by section 39(1) of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

  Section 259(1)(dc): inserted, on 5 December 2012, by section 32(2) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

  Section 259(1)(dd): inserted, on 5 December 2012, by section 32(2) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

  Section 259(2): added, on 27 November 2010, by section 39(2) of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

  Section 259(3): inserted, on 5 December 2012, by section 32(3) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

  Section 259(4): inserted, on 5 December 2012, by section 32(3) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).