Local Government (Auckland Council) Act 2009

Reprint as at 1 November 2013

Local Government (Auckland Council) Act 2009

Public Act2009 No 32
Date of assent22 September 2009
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Interpretation

5 Relationship between this Act and Local Government Act 2002, Local Government Act 1974, Local Electoral Act 2001, and Land Transport Management Act 2003

Part 2
Auckland Council

Auckland Council established as unitary authority

6 Auckland Council established

7 Decision-making of Council shared between governing body and local boards

Governing body

8 Governing body of Auckland Council

9 Mayor of Auckland

Local boards

10 Local boards

11 Membership of local boards

11A Indemnification and liability of local board members

12 Status of local boards

13 Functions, duties, and powers of local boards

13A Local boards may be subject of reorganisation proposal

Decision making

14 General scheme

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

19 Local boards funding policy

19A Estimated local board funding allocation must be included in LTP and annual plan

Local board plans and agreements

20 Local board plans

21 Local board agreements

22 Local board agreements must be included in LTP and annual plan

23 Monitoring and reporting

Bylaws

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

28 Joint bylaw proposals

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

30 Code of conduct

31 Delegations to local boards from governing body

31A Delegations by local boards

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

[Repealed]

Subpart 1Local Government Commission

[Repealed]

33 Local Government Commission to determine boundaries of Auckland [Repealed]

34 Local Government Commission to determine local board areas and wards [Repealed]

35 Order in Council to give effect to determinations [Repealed]

35A Local Government (Auckland Wards and Local Boards) Determination 2010 amended [Repealed]

Subpart 2Consequential amendments

[Repealed]

36 Amendment to Local Government Act 2002 [Repealed]

Part 4
Transport management for Auckland

37 Interpretation

Auckland Transport

38 Establishment of Auckland Transport

39 Purpose of Auckland Transport

40 Operating principles

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

44 Duties of directors

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

54 Delegations

55 Restriction on borrowing

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

66 Notice requirement

67 Auckland water organisation to be notified of conditions

68 Failure to notify conditions

69 Urgency

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

Council must consult other Auckland water organisations when assessing water and other sanitary services

78 Council must consult other Auckland water organisations when assessing water and other sanitary services

Part 6
Spatial planning for Auckland

79 Spatial plan 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

82 Board independent

83 Board's name

84 Board's general functions

85 Board's specific functions

86 Board's powers

87 Auckland Council information provided to board

88 Auckland Council's duties to board

89 Schedule 2 applies to board

Part 8
Miscellaneous

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

Development contributions

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

Borrowing in foreign currency

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

Reprint notes