New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 20 September 2011
| Public Act | 2009 No 32 |
| Date of assent | 22 September 2009 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Internal Affairs.
5 Relationship between this Act and Local Government Act 2002, Local Government Act 1974, Local Electoral Act 2001, and Land Transport Management Act 2003
Auckland Council established as unitary authority
6 Auckland Council established
7 Decision-making of Council shared between governing body and local boards
8 Governing body of Auckland Council
11A Indemnification and liability of local board members
13 Functions, duties, and powers of local boards
13A Local boards may be subject of reorganisation proposal
15 Decision-making responsibilities of governing body
16 Decision-making responsibilities of local boards
17 Principles for allocation of decision-making responsibilities of Auckland Council
Identification of local activities and allocation of funding
18 Local activities must be identified in LTP and annual plan
[Repealed]
19 Local boards funding policy
19A Estimated local board funding allocation must be included in LTP and annual plan
Local board plans and agreements
22 Local board agreements must be included in LTP and annual plan
24 Local board may propose bylaw
25 Local board must consult on proposed bylaw
26 Local board may propose amendment to bylaw
27 Local board may propose revocation of bylaw
Miscellaneous matters relating to local boards and their members
29 Application of Schedule 7 of Local Government Act 2002 to local boards and their members
32 Chief executive responsible for certain matters in relation to local boards
32A Powers of Minister in relation to local board
32B Application of certain Acts to local boards
Part 3
Transitional arrangements
Subpart 1—Local Government Commission
33 Local Government Commission to determine boundaries of Auckland
34 Local Government Commission to determine local board areas and wards
35 Order in Council to give effect to determinations
35A Local Government (Auckland Wards and Local Boards) Determination 2010 amended
Subpart 2—Consequential amendments
36 Amendment to Local Government Act 2002
Part 4
Transport management for Auckland
38 Establishment of Auckland Transport
39 Purpose of Auckland Transport
41 Status and powers of Auckland Transport
42 Auckland Transport's status as council-controlled organisation and application of Part 5 of Local Government Act 2002
Governing body of Auckland Transport
43 Governing body of Auckland Transport
Functions, powers, etc, of Auckland Transport
45 Functions of Auckland Transport
46 Functions and powers of Auckland Transport acting as local authority or other statutory body
47 Auckland Transport is requiring authority
48 Limitations on Auckland Transport acting under section 46(1)(c) or 47
Auckland Council's role in transport matters
49 Council may make operating rules for Auckland Transport
50 Council prohibited from performing functions and exercising powers conferred on Auckland Transport under sections 46 and 47
51 Council's powers under Public Works Act 1981 fettered for works relating to Auckland transport system
52 Council's jurisdiction in respect of roads defined more widely than in Local Government Act 1974
Miscellaneous provisions relating to Auckland Transport
53 Validity of directors' acts
56 Auckland Transport's jurisdiction in respect of roads defined more widely than in Local Government Act 1974
Part 5
Water supply and wastewater services for Auckland
57 Obligations of Auckland water organisation
58 Auckland water organisation must give effect to LTP and act consistently with other specified plans and strategies of Council
59 Auckland water organisation may occupy certain Crown land without charge
60 Status of Auckland water organisation under Public Works Act 1981
Auckland water organisation may propose bylaws
61 Auckland water organisation may propose bylaw
62 Auckland water organisation must consult on proposed bylaw
Powers of Auckland water organisation
63 Powers of Auckland water organisation under Local Government Act 1974
64 Powers of Auckland water organisation under Local Government Act 2002
65 Construction of works on roads and public land by Auckland water organisation
67 Auckland water organisation to be notified of conditions
68 Failure to notify conditions
70 Appeals by Auckland water organisation to District Court
71 Council to appoint enforcement officers
Nuisances created by Auckland water organisation
72 Abatement of nuisances created by Auckland water organisation
Rating of land and assets owned by Auckland water organisation
73 Rating of land and assets owned by Auckland water organisation
Offences and liability for damage
74 Offence not to comply with any of sections 65, 66, and 69
75 Offences relating to carrying out work on water supply or wastewater assets of Auckland water organisation without notice
76 Offences relating to damage to water supply or wastewater assets of Auckland water organisation
77 Liability for damage by wilful or negligent behaviour towards water supply or wastewater work
78 Council must consult other Auckland water organisations when assessing water and other sanitary services
Part 6
Spatial planning for Auckland
80 Development, adoption, and implementation of spatial plan
Part 7
Board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau
81 Establishment and purpose of board
87 Auckland Council information provided to board
88 Auckland Council's duties to board
89 Schedule 2 applies to board
Substantive council-controlled organisations
90 Council must have accountability policy for substantive council-controlled organisations
91 Council may impose additional accountability requirements on substantive council-controlled organisations
92 Substantive council-controlled organisations must give effect to LTP and act consistently with other specified plans and strategies of Council
93 Councillors and local board members prohibited from appointment as directors of substantive council-controlled organisations
94 Director of substantive council-controlled organisation elected to Council or local board must resign before taking up position
95 Council may appoint chairperson and deputy chairperson of substantive council-controlled organisation
Council-controlled organisations must hold specified meetings in public
96 Council-controlled organisations must hold specified meetings in public
Disputes between local boards and governing body
97 Disputes about allocation of decision-making responsibilities or proposed bylaws
98 Local Government Commission to determine disputes
99 Local Government Commission may delegate duty to determine dispute
100 Development contributions for transport infrastructure
101 Development contributions for assets managed by other parties
Prohibition on establishment of community boards
102 Prohibition on establishment of community boards
Review of representation arrangements
103 Review of representation arrangements under Local Electoral Act 2001
Auditor-General to review Council's service performance
104 Auditor-General to review Council's service performance
Council employee elected to local board must resign before taking up position
105 Council employee elected to local board must resign before taking up position
Representation on port company board
106 Representation on port company board
107 Borrowing in foreign currency
Schedule 1
Matters to be addressed by Local Government Commission when making determination in relation to southern boundary of Auckland
Schedule 2
Provisions relating to board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau
