Local Government (Auckland Transitional Provisions) Act 2010

Reprint as at 1 November 2013

Local Government (Auckland Transitional Provisions) Act 2010

Public Act2010 No 37
Date of assent14 June 2010
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

3 Purpose of this Act

4 Application of Legislation Act 2012

5 Transitional regulations

Part 1
Savings, transitional provisions, and related matters (except employment)

Subpart 1Preliminary matters

6 Overview of this Part

7 Interpretation

8 Relationship between this Part and other enactments

Subpart 2Savings and transitional provisions relating to Auckland Council and its subsidiaries

Council governance and framework

9 Prohibition on reorganisation proposals affecting Auckland until after October 2013 triennial general elections

10 October 2013 triennial general elections to be conducted using First Past the Post

First steps for board established by Part 7 of Local Government (Auckland Council) Act 2009

11 First steps for board established by Part 7 of Local Government (Auckland Council) Act 2009

Moratorium on sale of certain Council property

12 Moratorium on sale of certain Council property

Existing directors and board members of council-controlled organisations and council organisations

13 Existing directors and board members of council-controlled organisations and council organisations

Council-controlled organisations

14 Half-yearly report replaced with 4-month report

15 Auckland Regional Holdings [Spent]

16 Council dealings with directors of council-controlled organisations appointed under Reorganisation Act

Watercare Services Limited

17 Watercare Services Limited treated as local government organisation

18 Obligations on Watercare Services Limited until 30 June 2012

19 Official information

20 Statement of corporate intent

21 Completion of statement of corporate intent

22 Reports and accounts

23 Members, local board members, and employees of Auckland Council must not be directors of Watercare Services Limited

24 Restrictions on form and asset ownership of Watercare Services Limited

25 Watercare Services Limited to administer and enforce trade waste bylaws

26 Offences for breach of Auckland Regional Council Trade Waste Bylaw 1991

27 Requiring authority status of Watercare Services Limited [Expired]

Acquisition of shareholding in Auckland International Airport Limited

28 Exemption from Takeovers Code in relation to Auckland International Airport Limited shares

Interim rating matters

29 District valuation roll, rating information database, and rates records

30 Charges on rates

31 Consolidation of charges on rates

32 Council authorised to collect and deal with balance of rating matters for 2010/2011 and previous financial years

Rates for 2011/2012 financial year

33 Rates for 2011/2012 financial year

34 Wastewater rate for 2011/2012 financial year

35 Council otherwise prohibited from setting rates for 2011/2012 financial year

36 Application of Local Government (Rating) Act 2002 to rates for 2011/2012 financial year

Payment of rates for 2010/2011 and 2011/2012 financial years

37 Payment of rates for 2010/2011 and 2011/2012 financial years

General rate for 2012/2013 financial year

38 General rate for 2012/2013 financial year must be set using capital value of land

Mechanism to adjust significant changes resulting from Council moving to single rating system

39 Purpose of sections 40 to 43

40 Interpretation

41 Council may have rates transition management policy for 3-year period commencing 1 July 2012

42 How Council must apply rates transition management policy

43 Local Government (Rating) Act 2002 otherwise applies

Rates as security

44 Rates as security

Planning document prepared by Transition Agency

45 Planning document treated as satisfying sections 93 and 95 of Local Government Act 2002

46 Policies included in planning document treated as policies of Council

47 Certain policies have effect only in former districts and must be replaced by 30 June 2012

48 Allocation in planning document of decision-making responsibility for non-regulatory activities of Council

First local board plans and agreements

49 First local board plans

50 First local board agreements

Reports prepared by existing local authorities under section 29C of Reorganisation Act

51 Reports prepared by existing local authorities under section 29C of Reorganisation Act

Reports prepared by terminating organisations under section 40 of Reorganisation Act

52 Reports prepared by terminating organisations under section 40 of Reorganisation Act

Development contributions

53 Development contributions required by existing local authorities

54 Interim development contributions policies

55 Development contributions for certain infrastructure transferred to Watercare Services Limited

56 Limitations on requiring further contribution for water supply or wastewater services infrastructure

57 Development contributions for transport infrastructure

Financial contributions

58 Financial contributions already made or owed to existing local authorities

59 Financial contributions for certain infrastructure transferred to Watercare Services Limited

60 Prohibition on requiring contribution for certain infrastructure of Watercare Services Limited

Bylaws

61 Bylaws about Auckland transport system that are transport-related

62 Bylaws about solid waste

63 Bylaws about matters other than transport and solid waste

Policies of existing local authorities

64 Policies that are transport-related

65 Policies that are not transport-related

Statutory warrants

66 Statutory warrants relating to transport law

67 Statutory warrants relating to law other than transport law

Fees and charges

68 Fees and charges

Standing orders

69 Standing orders

Delegations

70 Delegations (other than in relation to Resource Management Act 1991)

71 Delegations under Resource Management Act 1991

72 Delegations by New Zealand Transport Agency to existing local authority

Building

73 Building

Civil defence emergency management

74 Civil defence emergency management

Fire authority appointments

75 Fire authority appointments

76 Council may direct Principal Rural Fire Officer to also perform functions in other districts

Resource management

77 Section 81 of Resource Management Act 1991 does not apply to areas included within Auckland

78 Resource management

79 Designations of existing local authorities that relate to transport activities

Other planning matters

80 Auckland regional growth strategy

81 Appeals against change or variation under Local Government (Auckland) Amendment Act 2004

82 Existing regional land transport programme and regional land transport strategy for Auckland continue in effect

Tax

83 Tax

Solid waste

84 Solid waste

Titles to land

85 Titles to land

Establishment of Pacific and Ethnic Advisory Panels for Auckland

86 Establishment of Pacific and Ethnic Advisory Panels for Auckland

Remuneration Authority determination

87 Remuneration Authority determination

Regional facilities Acts

88 Effect of dissolution of existing local authorities on regional facilities Acts

Subpart 3Savings and transitional provisions relating to local authorities other than Auckland Council

89 Long-term plans

90 Annual plans for 2011/2012 financial year

91 Regional land transport programme

92 Solid waste

93 Section 81 of Resource Management Act 1991 applies

94 Resource management

95 Franklin District Council development contributions not transferred to Auckland Council

96 Hauraki District Council and Waikato District Council may require schedule development contributions [Expired]

Part 2
Transitional provisions relating to employment

Subpart 1Preliminary matters

97 Overview of Part

98 Interpretation

99 Advance exercise of powers

Subpart 2Review of employment positions

100 Review of employment positions

101 Transfer of employment positions

102 Employees who neither accept nor decline offer of position that is not same or substantially similar or position at different location

Subpart 3Redundancy and other compensation

103 Employees not entitled to redundancy or other compensation just because position or employer ceases to exist

104 Whether employees entitled to redundancy or other compensation

105 Compensation if employee accepts position at new location

106 Compensation deferred if permanent employee accepts fixed term employment

107 Which employer responsible for paying compensation

Subpart 4Related matters

108 Continuity of employment

109 KiwiSaver Act 2006 does not apply to transferred employee

110 Application of Part 6A of Employment Relations Act 2000

Subpart 5Collective bargaining and collective agreements

111 Collective bargaining before 1 November 2010 for variation of collective agreement or for new collective agreement to come into force on that date

112 Application of existing collective agreements on and from 1 November 2010

Part 3
Amendments and repeals

113 Consequential amendments

114 Repeal of Auckland Metropolitan Drainage Act 1960

Part 4
Process for development of first combined plan for Auckland Council

115 Overview of this Part

116 Interpretation

117 Application of this Part

118 Certain early actions permitted

119 Regulations relating to preparation of Auckland combined plan

120 Components of district plan for Auckland

Initial preparation of proposed Auckland combined plan

121 Preparation of first Auckland combined plan

122 Auckland combined plan to combine regional and district documents

123 Initial preparation of Auckland combined plan

124 Restriction on amendments or variations to Auckland combined plan

125 Variation to Auckland combined plan

126 Audit of evaluation report on proposed Auckland combined plan

127 Auckland Council must provide relevant information to Hearings Panel

Hearings Panel to hold Hearing into submissions on proposed plan

128 Hearing by Hearings Panel

129 Who may be heard

130 Notice of hearing sessions

131 Pre-hearing session meetings

132 Consequences of submitter not attending pre-hearing session meeting

133 Conference of experts

134 Alternative dispute resolution

135 Late submissions

Hearing procedure

136 Hearing procedure

137 Council must attend hearing sessions

138 Other procedural matters

139 Directions to provide evidence within time limits

140 Directions and requests before or at hearing session

141 Protection of sensitive information

142 Hearings Panel may commission reports

143 Evidence and reports must be made available

Recommendations of Hearings Panel

144 Hearings Panel must make recommendations to Council on proposed plan

145 Matters that affect recommendations

146 Deadline for recommendations

147 Extension of deadline for recommendations

Council decisions on recommendations

148 Auckland Council to consider recommendations and notify decisions on them

149 Extension of deadline for decisions

150 Auckland Council to release Hearings Panel report

Designations and heritage orders of requiring authorities other than Auckland Council

151 Designations and heritage orders of requiring authorities other than Auckland Council

Proposed plan deemed approved or adopted

152 Proposed plan deemed approved or adopted on and from certain dates

RMA provisions relating to legal effect of rules apply

153 RMA provisions relating to legal effect of rules apply

Objections, appeals, and judicial review

154 Objection rights

155 Appeal rights

156 Right of appeal to Environment Court

157 Right of appeal to Environment Court (designations and heritage orders)

158 Right of appeal to High Court on question of law

159 Judicial review

Auckland Council to notify when plan operative

160 Auckland Council to notify when plan operative

Hearings Panel

161 Minister for Environment and Minister of Conservation to establish Hearings Panel

162 How members appointed

163 When member ceases to hold office

164 Functions of Hearings Panel

165 Powers of chairperson

166 Term of Hearings Panel

167 Liability of members

168 Funding of Hearings Panel and related activities

169 Application of Local Government Official Information and Meetings Act 1987

Schedule
Enactments amended, repealed, or revoked

Reprint notes