Local Government Act 1974 Amendment Act 2004

Local Government Act 1974 Amendment Act 2004

Public Act2004 No 64
Date of assent6 July 2004

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Local Government Act 1974 Amendment Act 2004.

    (2) In this Act, the Local Government Act 1974 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Interpretation
  • (1) Section 2(1) of the principal Act is amended by repealing the definition of local authority, and substituting the following definition:

    local authority has the same meaning as in section 5(1) of the Local Government Act 2002.

    (2) Section 2(1) of the principal Act is amended by repealing the definition of regional council, and substituting the following definition:

    regional council

    • (a) has the same meaning as in section 5(1) of the Local Government Act 2002; and

    • (b) includes, in Part 39A and sections 684B to 684F, the Chatham Islands Council.

    (3) Section 2(1) of the principal Act is amended by repealing the definition of special consultative procedure, and substituting the following definition:

    special consultative procedure means the procedure set out in section 83 of the Local Government Act 2002.

    (4) Section 2(1) of the principal Act is amended by repealing the definition of special order.

    (5) Section 2(1) of the principal Act is amended by repealing the definition of territorial authority, and substituting the following definition:

    territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002.

4 Property in roads
  • Section 316 of the principal Act is amended by repealing subsections (2) and (3), and substituting the following subsections:

    • (2) At the request of Transit New Zealand, a council may accept or relinquish its property, or any part of its property, in a State highway.

    • (3) If a council acts under subsection (2),—

      • (a) the property in the State highway vests in the council or in the Crown (as the case may be) without any instrument of transfer; and

      • (b) on presentation of an authenticated copy of the relevant resolution, the Registrar-General of Land must alter the register accordingly.

5 New section 319A substituted
  • The principal Act is amended by repealing section 319A, and substituting the following section:

    319A Naming of roads
    • If the council names any road for the first time, or alters the name of a road, the council must as soon as practicable send a copy of the relevant resolution to the Registrar-General of Land and the Surveyor-General.

6 Section 320 repealed
  • Section 320 of the principal Act is repealed.

7 Road gradients
  • (1) Section 329(1)(b) of the principal Act is amended by omitting the words special order made by, and substituting the words resolution of.

    (2) Section 329(1)(c) of the principal Act is amended by omitting the words special order, and substituting the words resolution of the council.

8 Erection of monuments, etc, and provision of facilities on or under roads
  • Section 334(1) of the principal Act is amended by omitting the words to which a special order under section 336 of this Act for the time being applies, and substituting the words that has been declared a pedestrian mall under section 336.

9 New section 336 substituted
  • The principal Act is amended by repealing section 336, and substituting the following section:

    336 Pedestrian malls
    • (1) A council may, by using the special consultative procedure,—

      • (a) declare a specified road or part of a specified road to be a pedestrian mall; and

      • (b) prohibit or restrict the driving, riding, or parking of any vehicle, or the riding of any animal, on all or any portion of the pedestrian mall either—

        • (i) generally; or

        • (ii) during particular hours.

      (2) A declaration—

      • (a) may include exemptions and conditions; and

      • (b) does not take effect until—

        • (i) the time for appealing under subsection (3) has expired; and

        • (ii) any appeals have been determined under subsection (4).

      (3) Any person may, within 1 month after the making of a declaration, or within such further time as the Environment Court may allow, appeal to the Environment Court against the declaration.

      (4) The appeal must be made and determined by the Environment Court in accordance with the Resource Management Act 1991 and any regulations made under that Act and the Court may quash or affirm the declaration, or affirm the declaration with modification.

      (5) The decision of the Environment Court under subsection (4) is final.

      (6) Subsections (2)(b) and (3) to (5) do not apply to a declaration that gives effect to the provisions of an operative district plan under the Resource Management Act 1991.

      (7) Every person commits an offence who drives, rides, or parks any vehicle or rides any animal, or causes or permits any vehicle to be driven, ridden, or parked or any animal to be ridden, in contravention of a declaration (including a declaration modified by the Environment Court).

      (8) A declaration (including a modified declaration) may be revoked or varied by a subsequent declaration using the procedure in subsection (1), and that subsection applies with all necessary modifications.

      (9) For the purposes of subsection (1), the public notice required by section 83(1)(e) of the Local Government Act 2002 must explain the right of appeal under subsection (3).

      (10) In this section,—

      parking means the stopping or standing of a vehicle for any period

      road does not include an access way

      vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

10 Council may grant right to lay petroleum conduit pipes along or under road
  • Section 338(1) of the principal Act is amended by omitting the words , pursuant to a special order,.

11 Disposal of land not required for road
  • Section 345(1)(a) of the principal Act is amended by omitting the words , pursuant to a special order,.

12 Declaration and revocation of limited access roads
  • Section 346A of the principal Act is amended by omitting the words from time to time, by special order, in both places where they occur.

13 Council may declare private road or right of way to be public road
  • (1) Section 349(1) of the principal Act is amended by omitting the words , by special order,.

    (2) Section 349(3) of the principal Act is repealed.

14 Establishment or abolition of toll gates at bridges, tunnels, and ferries
  • Section 361(1)(a) of the principal Act is amended by omitting the words special order, and substituting the words using the special consultative procedure.

15 Council may cover in watercourse so as to make it a public drain
  • Section 446 of the principal Act is amended by repealing subsections (5) to (9), and substituting the following subsections:

    • (5) Before undertaking any work under this section the council must—

      • (a) prepare a statement of proposal in relation to the work that includes—

        • (i) a description of the work; and

        • (ii) the reasons for the work; and

        • (iii) an explanation of the procedure under subsection (7); and

        • (iv) when and where the council will vote on a motion to undertake the work; and

        • (v) any other information that the council identifies as relevant; and

      • (b) make the statement of proposal available in a way appropriate to the subject-matter of the proposal; and

      • (c) produce a summary of proposal that—

        • (i) is a fair representation of the major matters in the statement of proposal; and

        • (ii) explains how the statement of proposal is avail-able for inspection; and

      • (d) publicise the summary of proposal in a way appropriate to the subject-matter of the proposal.

    • (6) The council must not vote on a motion to undertake the proposed work until at least 20 working days after the summary of proposal is first publicised under subsection (5)(d).

    • (7) An owner or occupier of land who may be affected by the work may apply to a District Court for an order under subsection (8) at any time between the publicising of the summary of proposal under subsection (5)(d) and 10 days after a resolution of the council is made under subsection (6).

    • (8) The Court may make an order or orders—

      • (a) setting a date before which the council may not under-take the work:

      • (b) allowing the council to undertake the work with or without modification:

      • (c) prohibiting the council from undertaking the work.

    • (9) Despite subsections (5) to (8), a council may, at any time, undertake temporary works for abating a nuisance in a water-course if the Medical Officer of Health, or 2 registered medical practitioners, has certified in writing that immediate action in relation to the watercourse is necessary in the interests of public health.

16 New sections 504 to 505C substituted
  • The principal Act is amended by repealing sections 504 and 505, and substituting the following sections:

    504 Declarations in relation to drainage areas
    • (1) A council may, for the purpose of land drainage work, declare—

      • (a) all of its district to be a drainage area:

      • (b) part of its district to be a drainage area:

      • (c) 2 or more contiguous drainage areas to be a drainage area:

      • (d) the boundaries of a drainage area to be altered.

      (2) A declaration must—

      • (a) define the relevant area; and

      • (b) assign a name to the drainage area; and

      • (c) fix the day on which the declaration takes effect.

      (3) A council may make a declaration only if—

      • (a) a demand for a poll of electors is taken in accordance with sections 505 and 505A and results in a majority of votes in favour of the declaration; or

      • (b) a petition complying with section 505B is presented to the council.

      (4) Before making a declaration, a council must—

      • (a) prepare a statement of proposal in relation to the declaration that includes—

        • (i) a draft of the declaration; and

        • (ii) a statement of the reasons for proposing to make the declaration; and

        • (iii) an explanation of the procedure—

          • (A) to demand a poll under section 505; and

          • (B) to petition the council under section 505B; and

        • (iv) when and where the council will vote on a motion to make the declaration; and

        • (v) any other information that the council identifies as relevant; and

      • (b) make the statement of proposal available in a way appropriate to the subject matter of the proposal; and

      • (c) produce a summary of proposal that—

        • (i) is a fair representation of the major matters in the statement of proposal; and

        • (ii) explains how the statement of proposal is available; and

      • (d) publicise the summary of proposal in a way appropriate to the subject-matter of the proposal.

      (5) The council must not vote on a motion to make the declaration until at least 20 working days after the summary of proposal is first publicised under subsection (4)(d).

    505 Procedure for demanding poll
    • (1) For the purposes of section 504(3)(a), a demand for a poll is made if—

      • (a) the council resolves that a poll be taken; or

      • (b) 15% or more of the electors in the relevant area demand a poll, and a document containing the demands is delivered to the principal office of the council at least 3 working days before the date referred to in section 504(5).

      (2) An elector has demanded a poll if he or she—

      • (a) signs a document which clearly expresses that he or she demands a poll on whether the council should make the proposed declaration under section 504(1); and

      • (b) states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—

        • (i) he or she is an elector; and

        • (ii) the given address is in the relevant area.

    505A Poll on proposed declaration
    • (1) A council must conduct a poll on the proposed declaration under section 504(1) if a demand is validly made under section 505(1).

      (2) The poll must be conducted in accordance with the Local Electoral Act 2001, and the provisions of that Act apply with all necessary modifications.

    505B Petition to make declaration
    • (1) A petition for a declaration is made under section 504(3)(b) if—

      • (a) a majority of the electors in the relevant area petition the local authority to make the proposed declaration under section 504(1); and

      • (b) a document containing the petitions is delivered to the principal office of the council at least 1 working day before the date referred to in section 504(5).

      (2) An elector has validly petitioned if he or she—

      • (a) signs a document which clearly expresses that he or she petitions the council to make the proposed declaration under section 504(1); and

      • (b) states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—

        • (i) he or she is an elector; and

        • (ii) the given address is in the relevant area.

    505C Relevant area for polls and petitions
    • In sections 504 to 505B, relevant area,—

      • (a) in the case of a declaration under section 504(1)(a), means the district; and

      • (b) in the case of a declaration under section 504(1)(b), means the part of the district that would become the drainage area; and

      • (c) in the case of a declaration under section 504(1)(c), means the drainage areas that would become the new drainage area; and

      • (d) in the case of a declaration under section 504(1)(d), means—

        • (i) any part of a drainage area that would be excluded from the drainage area as a result of the boundary changes; and

        • (ii) any part of the district that would be included in the drainage area as a result of the boundary changes.

17 Subdivision of areas
  • Section 506 of the principal Act is amended by omitting the words , by special order,.

18 Revocation of special orders constituting drainage areas and water-race areas
  • (1) The heading to section 517ZJ of the principal Act is amended by omitting the words special orders, and substituting the word resolutions.

    (2) Section 517ZJ(1)(a) of the principal Act is amended by omitting the words special order, and substituting the word resolution.

    (3) Section 517ZJ(2) of the principal Act is amended by omitting the words by special order.

19 Power of territorial authority to reconstitute land drainage or water-race areas
  • Section 517ZM(1) of the principal Act is amended by omitting the words by special order,.

20 Fire hydrants
  • Section 647(1) of the principal Act is amended by omitting the words Part 23 of this Act, and substituting the words section 130 of the Local Government Act 2002.

21 Consequential amendment to Health Act 1956
  • Section 25(5)(b) of the Health Act 1956 is amended by omitting the words make a special order under section 27 of this Act, and substituting the words raise a loan under section 27(2).

22 Consequential amendments to Public Bodies Leases Act 1969

Legislative history

29 March 2004Introduction, (Bill 111-1)
7 April 2004First reading and referral to the Local Government and Environment Committee
14 June 2004Reported from the Select Committee (Bill 111-2)
June 2004Supplementary Order Papers 2004 Nos 230, 227, 232 and 234
29 June 2004Divided from Local Government Law Reform Bill (No 3), third reading