Local Government (Auckland Transitional Provisions) Act 2010

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

• (1) This section applies to—

  • (a) the policies of the existing local authorities included in the planning document prepared by the Transition Agency under section 19A of the Reorganisation Act in accordance with clause 4(3) of Schedule 2 of that Act; and

  • (b) any policies of the existing local authorities included in the planning document prepared by the Transition Agency under section 19A of the Reorganisation Act in accordance with clause 4(4) of Schedule 2 of that Act; and

  • (c) any policies or adjusted policies of the existing local authorities included in the planning document prepared by the Transition Agency under section 19A of the Reorganisation Act in accordance with clause 4(5)(b) or (c) of Schedule 2 of that Act.

  (2) The policies have effect only within the former district of each of the existing local authorities.

  (3) If there is any inconsistency between a policy made by the Auckland Regional Council and a policy made by any of the other existing local authorities, the policy made by the Auckland Regional Council prevails.

  (4) The policies must be replaced by the Council with a single integrated policy no later than 30 June 2012.

  (5) Despite subsection (4), the following policies must be replaced by the Council with a single integrated policy no later than 30 June 2011:

  • (a) the policies of the existing local authorities in relation to remission and postponement of rates on Māori freehold land under section 108 of the Local Government Act 2002:

  • (b) the policies of the existing local authorities in relation to rates remission under section 109 of the Local Government Act 2002:

  • (c) the policies of the existing local authorities in relation to rates postponement under section 110 of the Local Government Act 2002.

  (5A) The Auckland Council must use the special consultative procedure in adopting the single integrated policy described in subsection (5).

  (6) A single integrated policy formulated under subsection (4) or (5) may contain different conditions and criteria to be met based on the former districts of the existing local authorities.

  (7) Subsection (6) is for the avoidance of doubt.

  Section 47(5A): inserted, on 27 November 2010, by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).