Local Government (Auckland Transitional Provisions) Act 2010

Reprint as at 24 November 2015

Coat of Arms of New Zealand

Local Government (Auckland Transitional Provisions) Act 2010

Public Act
2010 No 37
Date of assent
14 June 2010
see section 2

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


3Purpose of this Act
4Application of Legislation Act 2012
5Transitional regulations
6Overview of this Part
8Relationship between this Part and other enactments
9Prohibition on reorganisation proposals affecting Auckland until after October 2013 triennial general elections
10October 2013 triennial general elections to be conducted using First Past the Post
11First steps for board established by Part 7 of Local Government (Auckland Council) Act 2009
12Moratorium on sale of certain Council property
13Existing directors and board members of council-controlled organisations and council organisations
14Half-yearly report replaced with 4-month report
15Auckland Regional Holdings [Spent]
16Council dealings with directors of council-controlled organisations appointed under Reorganisation Act
17Watercare Services Limited treated as local government organisation
18Obligations on Watercare Services Limited until 30 June 2012
19Official information
20Statement of corporate intent
21Completion of statement of corporate intent
22Reports and accounts
23Members, local board members, and employees of Auckland Council must not be directors of Watercare Services Limited
24Restrictions on form and asset ownership of Watercare Services Limited
25Watercare Services Limited to administer and enforce trade waste bylaws
26Offences for breach of Auckland Regional Council Trade Waste Bylaw 1991
27Requiring authority status of Watercare Services Limited [Expired]
28Exemption from Takeovers Code in relation to Auckland International Airport Limited shares
29District valuation roll, rating information database, and rates records
30Charges on rates
31Consolidation of charges on rates
32Council authorised to collect and deal with balance of rating matters for 2010/2011 and previous financial years
33Rates for 2011/2012 financial year
34Wastewater rate for 2011/2012 financial year
35Council otherwise prohibited from setting rates for 2011/2012 financial year
36Application of Local Government (Rating) Act 2002 to rates for 2011/2012 financial year
37Payment of rates for 2010/2011 and 2011/2012 financial years
38General rate for 2012/2013 financial year must be set using capital value of land
39Purpose of sections 40 to 43
41Council may have rates transition management policy for 3-year period commencing 1 July 2012
42How Council must apply rates transition management policy
43Local Government (Rating) Act 2002 otherwise applies
44Rates as security
45Planning document treated as satisfying sections 93 and 95 of Local Government Act 2002
46Policies included in planning document treated as policies of Council
47Certain policies have effect only in former districts and must be replaced by 30 June 2012
48Allocation in planning document of decision-making responsibility for non-regulatory activities of Council
49First local board plans
50First local board agreements
51Reports prepared by existing local authorities under section 29C of Reorganisation Act
52Reports prepared by terminating organisations under section 40 of Reorganisation Act
53Development contributions required by existing local authorities
54Interim development contributions policies
55Development contributions for certain infrastructure transferred to Watercare Services Limited
56Limitations on requiring further contribution for water supply or wastewater services infrastructure
57Development contributions for transport infrastructure
58Financial contributions already made or owed to existing local authorities
59Financial contributions for certain infrastructure transferred to Watercare Services Limited
60Prohibition on requiring contribution for certain infrastructure of Watercare Services Limited
61Bylaws about Auckland transport system that are transport-related
62Bylaws about solid waste
63Bylaws about matters other than transport and solid waste
64Policies that are transport-related
65Policies that are not transport-related
66Statutory warrants relating to transport law
67Statutory warrants relating to law other than transport law
68Fees and charges
69Standing orders
70Delegations (other than in relation to Resource Management Act 1991)
71Delegations under Resource Management Act 1991
72Delegations by New Zealand Transport Agency to existing local authority
74Civil defence emergency management
75Fire authority appointments
76Council may direct Principal Rural Fire Officer to also perform functions in other districts
77Section 81 of Resource Management Act 1991 does not apply to areas included within Auckland
78Resource management
79Designations of existing local authorities that relate to transport activities
80Auckland regional growth strategy
81Appeals against change or variation under Local Government (Auckland) Amendment Act 2004
82Existing regional land transport programme and regional land transport strategy for Auckland continue in effect
84Solid waste
85Titles to land
86Establishment of Pacific and Ethnic Advisory Panels for Auckland
87Remuneration Authority determination
88Effect of dissolution of existing local authorities on regional facilities Acts
89Long-term plans
90Annual plans for 2011/2012 financial year
91Regional land transport programme
92Solid waste
93Section 81 of Resource Management Act 1991 applies
94Resource management
95Franklin District Council development contributions not transferred to Auckland Council
96Hauraki District Council and Waikato District Council may require schedule development contributions [Expired]
97Overview of Part
99Advance exercise of powers
100Review of employment positions
101Transfer of employment positions
102Employees who neither accept nor decline offer of position that is not same or substantially similar or position at different location
103Employees not entitled to redundancy or other compensation just because position or employer ceases to exist
104Whether employees entitled to redundancy or other compensation
105Compensation if employee accepts position at new location
106Compensation deferred if permanent employee accepts fixed term employment
107Which employer responsible for paying compensation
108Continuity of employment
109KiwiSaver Act 2006 does not apply to transferred employee
110Application of Part 6A of Employment Relations Act 2000
111Collective bargaining before 1 November 2010 for variation of collective agreement or for new collective agreement to come into force on that date
112Application of existing collective agreements on and from 1 November 2010
113Consequential amendments
114Repeal of Auckland Metropolitan Drainage Act 1960
115Overview of this Part
117Application of this Part
118Certain early actions permitted
119Regulations relating to preparation of Auckland combined plan
120Components of district plan for Auckland
121Preparation of first Auckland combined plan
122Auckland combined plan to combine regional and district documents
123Initial preparation of Auckland combined plan
124Restriction on amendments or variations to Auckland combined plan
125Variation to Auckland combined plan
126Audit of evaluation report on proposed Auckland combined plan
127Auckland Council must provide relevant information to Hearings Panel
128Hearing by Hearings Panel
129Who may be heard
130Notice of hearing sessions
131Pre-hearing session meetings
132Consequences of submitter not attending pre-hearing session meeting
133Conference of experts
134Alternative dispute resolution
135Late submissions
136Hearing procedure
137Council must attend hearing sessions
138Other procedural matters
139Directions to provide evidence within time limits
140Directions and requests before or at hearing session
141Protection of sensitive information
142Hearings Panel may commission reports
143Evidence and reports must be made available
144Hearings Panel must make recommendations to Council on proposed plan
145Matters that affect recommendations
146Deadline for recommendations
147Extension of deadline for recommendations
148Auckland Council to consider recommendations and notify decisions on them
149Extension of deadline for decisions
150Auckland Council to release Hearings Panel report
151Designations and heritage orders of requiring authorities other than Auckland Council
152Proposed plan deemed approved or adopted on and from certain dates
153RMA provisions relating to legal effect of rules apply
154Objection rights
155Appeal rights
156Right of appeal to Environment Court
157Right of appeal to Environment Court (designations and heritage orders)
158Right of appeal to High Court on question of law
159Judicial review
160Auckland Council to notify when plan operative
161Minister for Environment and Minister of Conservation to establish Hearings Panel
162How members appointed
163When member ceases to hold office
164Functions of Hearings Panel
165Powers of chairperson
166Term of Hearings Panel
167Liability of members
168Funding of Hearings Panel and related activities
169Application of Local Government Official Information and Meetings Act 1987
170Closing date for submissions to Council on proposed plan
171Concurrent hearing sessions held before 2015 amendments
Reprint notes